Sexual Assault
Texas state law defines sexual assault as non-consensual
penetration with any object by one person against
another. Consent implies the specific communication
of “yes.” Silence does not indicate consent;
it must be freely given. Consent obtained by force
is invalid. Force includes threats, intimidation,
emotional pressure and coercion. There are three
categories of people who cannot legally give consent:
- Children. Texas Penal Code defines “child” as
a person under 17 years of age who is not married
to the person in question
- Persons under the influence of alcohol or other
drugs, i.e. one who is impaired, intoxicated, or
incapacitated
- Persons who are mentally incapacitated.
Victims are urged, but not required by law, to report
the offense immediately to law enforcement representatives
in order to begin the collection of evidence and
to preserve the option for pursuing future legal
action. If a victim wishes to remain anonymous during
the process, a pseudonym can be provided.
Reporting a sexual offense:
- Report the crime immediately
- Do not shower, douche or change clothing. If
the victim has already changed clothes, put them
in a paper bag, as plastic bags may change the
chemical composition of the evidence.
- The victim should go to the hospital for a physical
examination
- The victim should seek emotional help. Contact
the Texas Association Against Sexual Assult for
more information.
Any accusation of a sex crime must be taken very
seriously, as the consequences can be devastating
and may include jail time, fines, probation, or sex
offender registration. For information, click the
topics below:
Sexual Assault
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