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What is aggravated sexual assault in Texas?

What is Aggravated Sexual Assault in Texas?

Aggravated sexual assault is a serious criminal offense in the state of Texas, which carries severe penalties and lifetime consequences. In this article, we will delve into the details of what constitutes aggravated sexual assault in Texas, its legal definition, and the consequences of committing this heinous crime.

Definition of Aggravated Sexual Assault in Texas

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In Texas, aggravated sexual assault is defined as any act of sexual assault involving forcible compulsion, misdemeanor or felony assault against the victim, serious bodily harm, bodily injury with a deadly weapon, intentionally or knowingly infecting the victim with a sexually transmitted disease (STD), or intimidating or forcing the victim to commit the sexual act. (Texas Penal Code, Sec. 22.02).

Types of Aggravated Sexual Assault in Texas

There are several types of aggravated sexual assault in Texas, which are classified as follows:

  • **Forced sexual assault: This is the most severe type, which involves using forcible compulsion against the victim.
  • Aggravated sexual assault of a child: This involves committing sexual assault against a child under the age of 14, or at least 14 years younger than the defendant.
  • Aggravated sexual assault of an elderly person: This involves committing sexual assault against an elderly person (65 years or older).
  • Aggravated sexual assault of a person with a disability: This involves committing sexual assault against a person with a mental or physical disability.
  • Aggravated sexual assault of multiple victims: This involves committing sexual assault against multiple individuals.

Elements of Aggravated Sexual Assault in Texas

To prove an aggravated sexual assault charge, the state must establish the following elements:

  • That the victim did not consent to the sexual act.
  • That the defendant used or exhibited force, threatened to use force, or intimidated the victim to commit the sexual act.
  • That the sexual act occurred without the consent of the victim.
  • That the sexual act occurred with the defendant’s intent to harm the victim.

Penalties for Aggravated Sexual Assault in Texas

Aggravated sexual assault is considered a felony, and the penalties are severe. The convicted defendant may face:

  • A minimum term of 5 years, up to 99 years, or a life sentence in the Texas Department of Criminal Justice.
  • A fine of up to $10,000.
  • Registration as a sex offender**, which will require the defendant to:

    • Report to local law enforcement once a month for 25 years after release from prison.
    • Inform potential employers and landlords of their registration.
    • Maintain a specific location for at least 20 years.

Consequences of Committing Aggravated Sexual Assault in Texas

The consequences of committing aggravated sexual assault in Texas are far-reaching and life-altering. Some of the immediate consequences may include:

  • Loss of freedom and a potential lifetime of imprisonment.
  • Permanent damage to the victim’s reputation and self-esteem.
  • Financial costs and expenses related to medical care, counseling, and lost wages.
  • Difficulty finding employment, housing, or maintaining relationships due to the criminal conviction.

Conclusion

Aggravated sexual assault is a heinous crime that carries severe penalties and lifelong consequences. It is essential to understand the legal definition, elements, and types of this crime to protect victims and hold perpetrators accountable. The consequences of committing aggravated sexual assault in Texas are life-altering and can impact not only the victim but also the community as a whole. If you are a victim of aggravated sexual assault, seek help from law enforcement and support organizations to begin the healing process.

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