Man Raped Girl in Texas

The Sexual Assault offense is the the police force in Texas apropos "Rape." However, the Sexual Assault Texas Penal Code covers both non-consensual sexual contact between whatever two people (commonly referred to as "Rape") and certain consensual contact between adults and children (commonly referred to every bit "Statutory Rape"). The same Sexual Assault law applies whether the deport involves two people in a relationship or two strangers.

Update: The 86th Texas Legislature made several changes to the Sexual Assault constabulary, constructive September i, 2019. Learn more about these changes beneath.

Accept you been charged with Sexual Assault in Texas? Telephone call criminal defense lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

Sexual Assault is certainly non the only Texas constabulary dealing with illegal sexual conduct. Under the Texas Penal Code, the Sexual Set on offense is a divide offense from Aggravated Sexual Attack, which requires the state'southward attorneys to prove sure additional factors and carries a more substantial penalization. The 85th Texas Legislature created a new offense called Sexual Coercion, effective as of September 2017. The 86th Texas Legislature created some other related law-breaking called Indecent Attack, constructive equally of September 2019.

In addition, at that place are many Texas offenses that prohibit diverse kinds of sexual behave between adults and minors. Non every type of sexual comport involving children is covered in the Sexual Assault law. Indecency with a Child covers all sexual contact between minors (under 17) and adults. Another police called Sexual Performance past a Kid prohibits getting a child (nether 18) to participate in a sexual operation. Learn well-nigh other sex crimes in Texas

What is the current Texas law about Sexual Attack?

The Texas offense of Sexual Assault is defined in Texas Penal Code Section 22.011(a). Subsection (a)(1) of the Sexual Attack Law deals with sexual assault of adults, where the main issue is "consent." The side by side subsection, subsection (a)(two), deals with Child Sex Assault. The current Texas Sexual Assault law is as follows:¹

(a) A person commits an crime if:

(1) the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by whatsoever means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of some other person, including the player; or

[This adjacent subsection, subsection (a)(2), of the Texas Sexual Assault constabulary deals with what criminal defense attorneys call "Kid Sexual Assail."]

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the oral cavity of a child by the sexual organ of the player;

(C) causes the sexual organ of a kid to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a kid to contact the mouth, anus, or sexual organ of another person, including the actor; or

(Eastward) causes the mouth of a child to contact the anus or sexual organ of another person, including the histrion.

What is Sexual Assault of a Child?

If yous accuse a person of having sexual practice with anyone under seventeen years of age, they tin be charged with Sexual Set on of a Child. Kid Sexual Attack is still categorized under the law of Sexual Assault, just it refers specifically to a violation of subsection (a)(two) of the Texas Sexual Assault law (meet the law described above).

The Kid Sexual Set on criminal offence does not list "without consent" equally an element of the crime, and then the state does not accept to show that the sexual run into was nonconsensual. You can, therefore, exist convicted of Child Sexual Assault regardless of whether the person consented. This is why information technology is chosen "Statutory Rape" – the statute defines it every bit "rape" even if it both parties agree that information technology was consensual.

Sexual Set on of a Child covers diverse types of sexual activity, including penetration and unproblematic contact, betwixt a person and a child. The person defendant can be a kid, too. However, the child accuser must be under seventeen years old at the time of the offense for the criminal offense to be considered Sexual Assault of a Child.²

Sexual Assault of a Child does crave the state to bear witness that the accused person engaged in the sexual activeness "knowingly or intentionally."³ So if the human activity was unintentional, the state would have to prove that the human activity was not somehow an accident.

Only certain types of sex covered by the statute. Come across the text of the statute higher up to meet what types of contact and which types of penetration are covered by the law.

How old does someone accept to exist to consent to sexual contact nether Texas Sexual Assault Police?

In Texas, the historic period of consent is, mostly speaking, seventeen years old for purposes of the Sexual Assail law.⁴ Still, the age may sometimes be lower when the ii parties are close in historic period – the shut-in-age exception to the Sexual Assault age of consent that allows a person to have sex with someone nether seventeen as long every bit the older person is not more than three years older than the minor,⁵ but this exception does non utilise to people who have to register every bit sex offenders.⁶ Likewise, note that the age of consent is eighteen years former under for purposes of the Sexual Performance past a Child police.

What is the law on consent in Texas?

Consent is by far the most important aspect of any Sexual Assault case involving adults. Information technology is the one gene that distinguishes legal sex among adults from the Texas criminal offence of Sexual Assail. If the sexual activity is washed with consent, it's legal – if it is done without one party's consent, it'southward illegal.

Generally speaking, consent ways an understanding to engage in an activity. There are ~~eleven~~ twelve (the twelfth state of affairs is constructive starting on September one, 2019⁷) situations in which Texas law says consent is lacking for the purposes of the Sexual Assault police:^eight

(b) A sexual assault under Subsection (a)(i) is without the consent of the other person if:

(1) the histrion compels the other person to submit or participate by the utilise of concrete strength or violence [effective September i, 2017, H.B. 1808 apology this language to expect like this: (1) the histrion compels the other person to submit or participate by the employ of physical force, violence, or coercion];

(2) the actor compels the other person to submit or participate past threatening to utilise force or violence against the other person, and the other person believes that the actor has the nowadays power to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the thespian knows that as a upshot of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the human action or of resisting information technology;

(5) the other person has non consented and the actor knows the other person is unaware that the sexual assault is occurring;

(vi) the actor has intentionally impaired the other person's power to appraise or command the other person's comport past administering whatever substance without the other person's knowledge;

(seven) the actor compels the other person to submit or participate by threatening to use force or violence confronting any person, and the other person believes that the thespian has the ability to execute the threat;

(8) the player is a public servant who coerces the other person to submit or participate;

(9) the player is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the thespian;

(ten) the player is a clergyman who causes the other person to submit or participate by exploiting the other person'due south emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other nether Chapter 2, Family Code; or

(12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses man reproductive material from a donor knowing that the other person has not expressly consented to the use of fabric from that donor. [this subsection (12) refers to what is being called Assisted Reproduction Sexual Assault]

Texas appellate courts regularly examine cases that hinge on legal issues related to consent. In Orgain five. State,⁹ the Second District Court of Appeals outlined the necessary requirements for a consent defense. In that example, the defendant believed he had received consent from his partner. However, she alleged that she had not given consent. The defendant was convicted and appealed his conviction, arguing that the evidence was insufficient to prove that he knew that his partner did not consent.

On entreatment, the courtroom held that the applicable police force is that a sexual assault is without the consent of the other person if the actor compels the other person to submit or participate by the apply of physical strength or violence. The court held that sexual assault is defined by the aggressor's compulsion, non by the victim'due south resistance.

The takeaway from this example is that courts must consider the defendant'due south use of force, not necessarily what the victim did to resist the defendant's actions.

What is the affirmative consent debate?

One of the major ongoing debates in the sexual assail police field is with respect to the idea of affirmative consent. Some people argue that the current organisation allows "passivity" (due to sleep, incapacitation, or unconsciousness) to be sufficient in establishing consent because the victim did not affirm nonconsent.

The motility to establish affirmative consent as the footing of consent laws has non been successful in Texas to date. There was a bill filed in the 85th Legislature to establish affirmative consent, but information technology was ultimately unsuccessful. Yet, the affirmative consent movement won in 2015 in California, condign the first country to prefer a stringent affirmative consent constabulary. Since so, many other states accept followed the trend.

California defines affirmative consent as an "affirmative, conscious, and voluntary agreement to appoint in sexual practice."¹⁰ The Texas Tech Police force Review explained:

The policy explicitly states that each person is responsible to ensure that he or she has affirmative consent to engage in a sexual human action. California provides fifty-fifty more guidance by adding that lack of protestation, lack of resistance, or silence does not constitute affirmative consent. Moreover, it requires that the affirmative consent be ongoing throughout the sexual run across, the affirmative consent tin can exist revoked at whatsoever time, and a dating human relationship or past sexual relationship cannot "by itself be causeless to be an indicator of consent.^xi

New York added to California's definition stating the affirmative consent "can be given by words or actions, as long as those words or deportment create clear permission regarding willingness to engage in the sex activity.¹²

Opponents to these reforms contend that affirmative consent will not eliminate sexual assault, and at that place are too many ambiguities in sexual situations. For example, it can be unclear when a person gives consent when under the influence of alcohol. If someone affirmatively consents while intoxicated, does this count equally consent? What if they consent merely only forget about it? If someone who is not acting intoxicated gives consent, but it turns out that the person in fact intoxicated, does that change anything?

What is statutory rape in Texas?

In that location is no criminal offense in Texas constabulary called "Statutory Rape," merely when a person has consensual sexual activity with someone under a sure historic period, they can be charged with Texas offenses including Sexual Set on, Sexual Functioning past a Child and Indecency with a Child.

Indecency with a Kid is more closely related to what is commonly referred to every bit child molestation because it does not crave penetration or contact between sexual organs. Therefore, groping of a female child'southward breasts or a male child'southward buttocks would exist covered under Indecency with a Kid, not Sexual Assault of a Kid. Acquire more nearly Indecency with a Kid here

Sexual Performance past a Kid is a more unusual constabulary. It covers the activeness implied by the name – performances of a sexual nature – only also all other sexual contact likewise. It is, therefore, duplicative of both Sexual Assail and Indecency with a Child, and this can lead to some odd results, especially because the age of consent for Sexual Performance by a Child is unlike from that of Sexual Assault. Learn more virtually Sexual Operation past a Child hither

All of these statutory rape laws are strict liability crimes, meaning that the intention of the parties is not considered. Consequently, fault of age is normally non allowed equally a defense.

This tin lead to some cool outcomes, and the courts accept done little to remedy this trouble. Some younger people appear to exist much older, and so how is a person supposed to ascertain someone'southward age? Are you supposed to demand an ID afterwards your first date? What if they produce a fake ID?

To make matters worse, the courts have held that the sexual assault statute does not contain a provision assuasive for a error-of-fact defense.^xiii The burden is on you (whether yous are a child or an adult) to discover your sexual partner'southward truthful age, and you assume the run a risk of prosecution if information technology turns out that your sexual partner is under the applicable legal age of consent, regardless of whether they lied or provided ample proof of their age that turned out to be fake.

What is the departure betwixt sexual assault and rape?

Sexual Assail is the Texas law that is closest to the meaning of "rape." In Texas, there is no police force defining the word "rape" or an law-breaking called rape. Under Texas constabulary, if you lot are accused of rape, y'all would nigh likely be charged with Sexual Attack or Aggravated Sexual Assail. The Sexual Attack crime does non require intercourse or penetration, but instead can include only sexual contact.

What is the difference between Sexual Assault and Aggravated Sexual Assault?

Aggravated Sexual Assault requires the state to evidence certain "aggravating" factors in addition to the underlying sexual assault. For case, Aggravated Sexual Assault occurs under violent circumstances, including when a weapon was used in the commission of the criminal offense. Unsurprisingly, Aggravated Sexual Assail carries a more substantial punishment than Sexual Attack. Learn more about the Aggravated Sexual Assault law here

What is the statute of limitations for Sexual Set on in Texas?

There is no "statute of limitations" for Child Sexual Assault (technically, the way the police force works in Texas, we say there is no fourth dimension limitation).^xiv This ways that tin can you be arrested and charged at whatever time for any blazon of Child Sexual Attack afterwards anyone accuses you, no thing how long ago they say information technology happened, fifty-fifty if information technology was fifty years ago or more. The accuser gets all of the leeway in making the accusation.

There is too no limitation catamenia for Sexual Assault of an adult nether certain circumstances. In 2019, the Texas legislature removed the limitations period for Sexual Assault cases where biological matter has been nerveless only not nevertheless subjected to testing.¹⁵ So, now you lot can be accused of Sexual Assault (of an adult) without any limitation on how long ago the accuser says it happened (1) if the country alleges that Deoxyribonucleic acid bear witness was collected during the investigation but no suspect is found with matching DNA or if the Deoxyribonucleic acid has not nevertheless been subjected to Dna testing or (two) if the state alleges that there is probable cause to believe that you committed the same or like crime against 5 or more victims.¹⁶

Also in 2019, the legislature set a new limitations period of "two years from the date the offense was discovered" for Sexual Assault punishable as a state jail felony nether Section 22.011(f)(ii), Penal Code" (which is a new category of Sexual Attack created in the aforementioned legislative session).¹⁷

All other types of Sexual Assail must be prosecuted within x years of the date the offense was committed.^xviii Then, other than the specific exceptions described above, the accuser must choose an offense date within the last ten years in social club for the land to prosecute yous.

Where can Sexual Set on be prosecuted?

The Texas Code of Criminal Procedure says, "Sexual Attack may be prosecuted in the canton in which it is committed, in the county in which the victim is abducted, or in any county through or into which the victim is transported in the class of the abduction and sexual assault."¹⁹

For case, if a victim was kidnapped in Dallas County, taken in a car from Dallas County to Collin Canton, and sexually assaulted in Denton County, the accused could exist prosecuted in Dallas County (where the victim was abducted), in Collin County (a county that the victim was transported through), or in Denton County (the canton the sexual assault occurred in).

The law also says the State has the brunt of proving venue by a preponderance of the show (the lowest burden in criminal constabulary).²⁰

What are the defenses to a sexual assault charge?

At that place are 2 affirmative defenses available to a Sexual Assault charge. An "affirmative defense force" requires the defendant to evidence the facts related to the affirmative defense by a preponderance of the evidence – this swaps the normal burden from the state to the defense. The land still has to prove each element of the offense beyond a reasonable doubt, but if the defendant is able to convince a jury that the facts supporting an affirmative defence force are true, then a jury should find the accused Not Guilty and behave the defendant, significant that the person charged with the crime will not have to go to prison, jail or be placed on probation.

The affirmative defenses for Sexual Assault are applicable just to the Kid Sexual Assail subsection (a)(2) charge. The first affirmative defense is that you are are married to the child.²¹ Yous volition not be convicted if, for instance, you can prove by a preponderance of the evidence that a person you had sex with was your spouse, even if the person was underage.

The second affirmative defense is (under current law): (1) the age difference is three years or less, (ii) you are not already a sex offender, (three) the accuser-child was at to the lowest degree fourteen years old, and (4) the parties were not prohibited from beingness married (under the Bigamy law) or prohibited from engaging in sexual contact (under the constabulary against Incest).²² The final element of this affirmative defense regarding Incest was added past the legislature in 2019,²³ and is effective as of September 2019.²⁴ So that final requirement should not utilize to earlier offenses.

And then if an eighteen-year-quondam has a sexual meet with a fifteen-year-old, the eighteen year sometime should non exist bedevilled of Kid Sexual Assault because there was not more than a 3 year historic period gap between the older and younger person, assuming the 18-twelvemonth-old was not a registered sex offender, related to the younger person or married to someone else.

There are no available defenses when the kid is under fourteen, regardless of the child's willingness to engage in the sex activity because of the police force'due south position that a fourteen-year-onetime (or younger) person is legally incapable of consenting to sex.

At that place is one defense to prosecution of Child Sex Assault. What this means is that if there is a defence to prosecution issue, the court must instruct the jury that fifty-fifty but a reasonable dubiety on the issue requires that the defendant be acquitted. Unless the prosecution is able to convince a jury that the facts supporting the defense force are not true across a reasonable doubt, then a jury should find the defendant Not Guilty and acquit the accused, meaning that the person charged with the crime will non accept to become to prison, jail or be placed on probation.

The defense to prosecution of Child Sex activity Assail is "that the acquit consisted of medical treat the kid and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party."²⁵

What is the penalty for Sexual Assault conviction in Texas?

Sexual Assail is by default a 2nd-degree felony.²⁶ This default punishment may be enhanced to a first-caste felony if the victim was a person whom the defendant was prohibited from marrying or related to the defendant.²⁷ Also, it is just a state jail felony if it is a Subsection (b)(12) (Sexual Assault by lack of consent for Assisted Reproduction) case.²⁸ Learn more than about the Range of Punishments for each grade of felony

Sexual practice Attack is a reportable offense under Affiliate 62,²⁹ then sex offender registration requirements will utilise. You may not be eligible for an gild of not-disclosure if y'all receive deferred adjudication probation, even if you successfully consummate the program and the charge is eventually dismissed.³⁰ At that place are many other potentially negative collateral consequences.

For starters, a Sexual Assault conviction volition carry with it all of the consequences of any other felony conviction. If yous are convicted of a felony, you will be labeled as a convicted felon for the remainder of your natural life. You volition lose certain ceremonious rights, such as the right to vote³¹ and the rights to possess armament or firearms nether federal³² and Texas state law.³³ The felony conviction also makes it difficult to gain and maintain employment and may result in an individual'southward loss of ability to be licensed in certain professions. Convicted felons also lose their ability to join and served in the country'southward armed forces.

A conviction for any felony, but especially one for Sexual Assault, will very probable touch the consequence of a divorce or kid custody case. In these situations, the ane bedevilled may exist awarded less money in the divorce if it is determined he or she was the reason for the divorce and given less to no fourth dimension with his or her children of the marriage.

Perhaps the almost widely talked most event is the requirement to register as a sex offender. The Texas Sex Offender Registration Program requires adults and juveniles with "reportable convictions" to register with the local police department in the urban center or county in which they reside.³⁴ This is a significant consequence because information technology will impact not only your ability to proceeds and maintain employment, but also it limits the places where yous can live and areas of boondocks you are permitted to become (such as areas near children – i.e. schools, parks, etc.) for whatsoever purpose.

Tin I get probation instead of prison time?

Whether you tin can get probation after beingness convicted of Sexual Assault depends on who assesses punishment, what the length of confinement is that would be suspended what your prior criminal history is, and the historic period of the victim.

Under the Texas Code of Criminal Process, a jury may generally recommend that a judgement exist probated, but in that location are a list of limitations to this.³⁵ If (1) you are given a judgement of more than 10 years³⁶; (2) you have been previously been bedevilled of a felony³⁷; or (3) the alleged victim in your case was not under xiv years old.³⁸

However, a judge may not judgement you to probation later a confidence considering Sexual Assault is one of so-called "3g offenses," which do non allow for judge-ordered community supervision.³⁹

What are typical atmospheric condition of probation?

Weather of probation are often agreed on by the state and your defense attorney. This situation is platonic because it allows your attorney to accept some say on the type of conditions that will be imposed upon you while you are on probation. In a case where the approximate or jury places you on probation, neither your attorney nor the state volition get to choose your conditions.

One thing that is true of probation across the lath is that information technology is costly. Defendants must pay a supervision fee every month, which varies depending on the county. The accused will as well exist required to pay a fine, court costs, and attorney's fees. In addition, at that place are often costs associated with doing customs service and taking the required classes. Typically, at that place volition be a stay away order issued against you. A stay-away social club is an instruction from a judge to a accused telling him or her not to go almost or have any contact with an alleged victim.

For well-nigh all types of probation in Texas, the defendant is required to complete a certain number of hours of customs service. These hours must exist done in person at a nonprofit, nonreligious arrangement. Typically, this community service involves picking upwards trash, cleaning graffiti, and other activities aimed to make the community cleaner and look nicer.

Some other mutual condition of probation are classes. These classes are usually targeted to bargain with the specific offense that the defendant was charged with. For case, in a Sexual Set on case, the defendant would probable be required to accept a a class on how sexual assault affects victims and the customs at large or a form on making better life choices and getting back on the right rail.

What is the difference betwixt Child Sexual Assault and Indecency with a Child?

Indecency with a Kid covers a much broader range of sexual comport than the Texas Sexual Attack law does. Indecency with a Kid covers all sexual contact betwixt an adult and a minor under 17 besides every bit simple exposure-related conduct. Learn more virtually Indecency with a Child here

In many cases involving child accusers, a jury is asked to determine whether an adult's finger penetrated or only fabricated contact with a child's sexual organ. If the jury believes there was penetration, you lot would be convicted of sexual assault. Otherwise, it would exist Indecency with a Kid.

How one-time is a child under the Sexual Assail law?

For purposes of the Texas Sexual Assault police force, "kid" is defined as a person younger than 17 years of historic period.^xl

Changes to the Sexual Set on police Effective in 2019

The 86th Texas Legislature made several changes to the Sexual Assault police in Texas. HB viii removed the limitations menses for sex assault cases where biological affair has been nerveless only not yet subjected to testing. Learn more almost the limitations period for Sexual Set on

HB 667 made changes to both the penalty scheme for Sexual Assault and provided a limitation on an affirmative defense. Both of those changes applied only in cases of incest (more specifically, violations of the Prohibited Sexual Contact police force). Learn more than most the affirmative defenses

SB 1259 created some other category of Sexual Assault that applies when a health care professional uses human reproductive cloth from a donor knowing that the other person has not expressly consented to the use of cloth from that donor. Learn more about this new category

Oft Asked Questions About Sexual Attack in Texas

What will the police practise if it is reported?

If a sexual assault is reported, the police volition typically kickoff collect as much testify as possible. Adult cases are handled much differently than cases involving children. Cases involving children typically aren't investigated much past the police because typically the cases don't have much actual prove. The police usually refer the kid to a facility that will conduct a recorded interview. The police volition and then mostly interview the parents or caregivers or, if the defendant person is the parent or caregiver, they will interview whatsoever other adult that might have information about the child. If information technology's an adult case, the will interview the lament witness and any other witnesses. The police volition likewise try to obtain any surveillance footage that might have captured the incident. If the case involved the alleged employ of alcohol or other drugs, the police might take a blood sample from the complaining witness and seek other people who might have been in the vicinity where the substance was used. If the defendant person had a pre-existing relationship with the accuser, the police might obtain phone records betwixt the ii people or witnesses that could speak to the nature of their relationship. Whether it'due south an adult case or a kid case, the law will refer the complaining witness to a sexual assault nurse examiner to attempt to collect concrete biological prove from the complaining witness'southward body. This tin include evidence of tearing or biological residue, including semen. Sometimes the police will collect other concrete evidence if the incident occurred recently enough for it to be useful. For instance, if the activity allegedly occurred in a bed, the police might collect bedsheets to inspect for bodily fluids. Police unremarkably take photos of the scene where the incident took place. Oftentimes, somewhen the police will attain out to the accused person and inquire for a statement. This is oftentimes the time that my clients first get enlightened that they're being accused. But remember that by that bespeak, the police have already collected or attempted to collect a lot of evidence. They will be confident that they know what happened. Sometimes the law might call back the case doesn't merit farther investigation and just want to hear you deny information technology. Other times, they accept already decided to arrest you lot regardless of what yous say in an interview.

If I was charged with sexual assail in Texas, should I contact a criminal defense force lawyer?

You need to contact a criminal defense force attorney immediately if you are charged with sexual assault. At that place is a tremendous amount of show that could be lost if you lot do not accept affirmative legal steps to salve information technology. And this tin sometimes exist the difference between spending the residuum of your life as an innocent person convicted of sexual assault in jail and being a falsely defendant person who had a unfortunate brush with the law.

Legal References:

¹ Texas Penal Code §22.011(a), as amended by H.B. 1808, 85th Legislature, Department 6, effective September i, 2017. The version of the law prior to this update was as follows:

(a) A person commits an criminal offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of some other person by any ways, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of some other person, without that person'due south consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the thespian;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(Due east) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

² Texas Penal Code §22.011(c)(1)

³ Texas Penal Lawmaking §22.011(a)(2)

⁴ Texas Penal Code §22.011(c)(1)

^five Texas Penal Lawmaking §22.011(e)(2)(A)

⁶ Texas Penal Code §22.011(e)(2)(A)(i)&(ii)

⁷ S.B. 1259, 86th Texas Legislature, Sections 2, iv & v

⁸ Texas Penal Code §22.011(b)

⁹ Orgain v. Country, No. 02-15-00174-CR, 2016 Tex. App. LEXIS 1712 (App.—Fort Worth Feb. 18, 2016)

^ten CAL. EDUC. Lawmaking § 67386(a)(1) (West 2014)

¹¹ Affirmatively Replacing Rape Culture with Consent Culture, 49 Tex. Tech L. Rev., one, 8 (p. 6)

¹² Affirmatively Replacing Rape Culture with Consent Civilization, 49 Tex. Tech L. Rev., 1, 8 (p. vii)

^xiii Fleming v. Land, 455 S.West.3d 577 (Tex. Crim. App. 2014) ("Because Department 22.021 requires no culpability every bit to the historic period of the victim, there is zip for the accused's mistaken belief to negate, and his mistake cannot be a defense to prosecution"). The court held that at that place is not a fundamental right to a mens rea component or a mistake-of-age defense in a statutory rape case. The court farther held that strict liability regarding the historic period of the pocket-sized furthers the legitimate government interest in protecting children from sexual abuse past placing the risk of error on the actor.

¹⁴ Texas Code of Criminal Procedure Art. 12.01(1)(B)

^xv H.B. viii, 86th Legislature, Section 2

¹⁶ Texas Code of Criminal Procedure Art. 12.01(1)(C)

¹⁷ S.B. 1259, 86th Legislature, Section 1

¹⁸ Texas Code of Criminal Procedure Art. 12.01(2)(E)

¹⁹ Texas Code of Criminal Procedure Art. xiii.xv(1)(C)

²⁰ Texas Code of Criminal Procedure Art. 13.17

²¹ Texas Penal Code §22.011(e)(i)

²² Texas Penal Code §22.011(e)(two)

²³ H.B. 667, 86th Texas Legislature, Section 2

²⁴ H.B. 667, 86th Texas Legislature, Sections three & four

²⁵ Texas Penal Lawmaking §22.011(d)

²⁶ Texas Penal Code §22.011(f)

²⁷ Texas Penal Code §22.011(f)(one)

²⁸ Texas Penal Code §22.011(f)(2)

²⁹ Texas Code of Criminal Process Art. 62.001(five)(A)

^xxx Texas Authorities Code §411.074(b)(ane)(A)

³¹ Texas Ballot Code §eleven.002(4)

³² 18 U.Southward.C. §922(g)

³³ Texas Penal Code §46.04

³⁴ Texas Lawmaking of Criminal Process Art. 62.051(a)

³⁵ Texas Code of Criminal Procedure Art. 42A.055

³⁶ Texas Code of Criminal Procedure Art. 42A.056(1)

³⁷ Texas Code of Criminal Procedure Art. 42A.055(b)

³⁸ Texas Code of Criminal Procedure Art. 42A.056(4)

³⁹ Texas Lawmaking of Criminal Procedure Art. 42A.054(a)(7)

^xl Texas Penal Code §21.011(c)(i)

Contempo Case Results

2019 Non Guilty in Collin County DWI >0.fifteen
2019 Not Guilty in Dallas Canton Indecency with a Child
Oral Argument at the United states of america Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Merits arising out of Northern District of Texas
2018 Not Guilty in Martin County Aggravated Assail with a Mortiferous Weapon on a Peace Officeholder
Non Guilty in 2018 Dallas Canton DWI Trial
Customer cleared in Dallas Law Shooting wrongful accusation
Federal sentencing results in 10 Twelvemonth Downward Divergence from Sentencing Guidelines in 2018
Non Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
Instance Dismissed after picking jury in Aggravated Sexual Assault of Kid case in 2017
United States Chaser dismisses case confronting client charged in El Paso Federal Court with Possession of Kid Pornography
ALL CHARGES DISMISSED confronting our client in the Twin Peaks Waco Biker case
Client "No-billed" by grand jury investigating shooting death case
Coverage of Example Involving Waco teacher sending messages to pupil
Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
Rare Not Guilty verdict in Rockwall County DWI
2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
Hill County Money Laundering case Dismissed and civil nugget forfeiture assets returned
Coverage of teen Lewisville client charged with hit-and-run death
Two Montague Canton Indecency with a Kid cases Dismissed

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Source: https://saputo.law/criminal-law/texas/sex-crimes/sexual-assault/