Sexual assault is a term used to refer a particular attack that is sexual in nature. If you look into the legal definition of this term, you will find that it differs from state to state. There are some states that it’s synonymous with rape, sexual contact, and forced intercourse without consent.
Understanding Sexual Assault
There is a difference between sexual contact and rape in some states. In Texas, rape is referred to as sexual assault, or aggravated sexual assault. Some general definitions of sexual assault are listed below.
- Sexual Penetration and Rape: This crime occurs when there is sexual penetration without consent. It is normally called penetration of vagina with a body part or object, or oral sex. In general, any unwelcome penetration will be classified as sexual assault.
- Sexual Contact and battery: Some states, including Texas, criminalizes sexually aggressive contact that doesn’t involve penetration, sodomy, or oral sex. It is referred to as Sexual contact or sexual battery, some define it as sexual touching. A common definition is, touching body parts for sexual pleasure without consent, or in simple, forceful touching. Grabbing a woman’s buttocks or breasts can bring a sexual assault charge.
- Consent: It becomes criminal conduct when physical contact is consented to. The severity of the criminal charge is based on whether offender has forced physical contact on the victim against their will, or if the victim is incapable of consenting. When there is sexual contact with a disabled person the offender will likely be charged with aggravated sexual assault.
This was a quick review of various definitions of sexual assault. There are a number of different types of sex crimes and they have various criminal classifications and penalties.
What are Defenses To Sexual Assault Charges?
Defendants who are charged with sexual assault have various defenses available starting with “someone else did this” defense. A defendant can claim that he or she wasn’t the one who committed the crime. Another defense is known as the insanity defense, which means accused person was mentally unstable and didn’t have control over his or her behavior at the time of the alleged criminal offense.
What will be the Penalties?
Depending on the circumstances of the sexual assault, the nature of the victim, and the history of the offender, the consequences can prove to be severe for the convicted.
If you’re found guilty of sexual assault in Brazoria, TX you’ll face a potential prison sentence of up to 20 years. Defendants convicted of aggravated sexual assault will face up to 99 years in prison. LEARN MORE
This Right Lawyer Can Save Your Life
It seems that every other week, or so, we turn on the evening news, and hear about the latest innocent man who was wrongfully convicted of a sex crime.
Unfortunately, this often occurs on the basis of false accusations or poor evidence examination. With Brazoria Criminal Lawyer Tad Nelson on your side, you’ll have confidence in knowing your case, and related investigations, are under the care of an experienced criminal defense attorney with scientific credentials and extensive training.
Contact The Law Offices of Tad Nelson & Associates at 409-765-5614 for immediate assistance.