Texas Sexual Battery Laws

Sexual Battery in Texas refers to sex crimes \typically covered by rape statutes, such as sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. In Texas, sexual battery is codified in the law as rape. Rape is commonly known as the unlawful sexual penetration of another without consent. Sexual battery for purposes of this article is codified as sexual assault.

According to the laws of Texas;

• Sexual Assault—intentionally or knowingly:
  • causes the penetration of the anus or sexual organ of another person(or child) by any means, without that person's consent;
  • causes the penetration of the mouth of another person(or child) by the sexual organ of the actor, without that  person's consent; or
  • causes the sexual organ of another person(or child), without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;  or
  • causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the  actor;  or
  • causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Penalties for Sexual Battery in Texas 

The penalty for sexual battery classified as sexual assault have the following sentencing guidelines:

• Sexual assault: 2nd degree felony, 2-20 years in prison, $10,000 fine.

Defense of a Sexual Battery in Texas 

The list of defenses for Sexual battery in Texas here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Texas  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.