Needless to say, being convicted of sexual battery is something that you should avoid at all costs. Sometimes referred to as rape or sexual assault, sexual battery can mean heavy penalties in the state of Texas.
Felony Conviction
It doesn’t matter whether you’re married, single or a stranger in town, sexual battery charges can result in a felony conviction. That’s right. There’s no legal exception for a sexual assault incident when the principle parties are married. Sexual battery is prohibited under Section 22.011 of the Texas Penal Code.
Sexual Battery
Compelling someone to engage in sexual penetration against their will constitutes sexual battery. Sexual battery charges may also be filed if a victim was mentally incapable of consenting to a sexual act. Having sex with someone that passed out after drinking too much alcohol, for example, could lead to a sexual battery charge.
It may also constitute sexual battery if the victim has not reached the age of legal consent. Among the intentional sexual acts that are illegal in the state of Texas are the following:
- Penetration by any means of the anus or sexual organ without a victim’s consent
- Penetration of an unwilling victim’s mouth by the sexual organ of another person
- Causing the contact or penetration of an unwilling victim’s sexual organ with someone else’s mouth or sexual organ
- Causing the penetration by any means of the sexual organ or mouth of a child
- Causing the sexual organ, mouth or anus of a minor child to contact or penetrate someone else’s mouth or sexual organ
Sexual Battery Penalties
Using force, violence or threats to compel someone to participate in a sexual act is a serious crime. The ultimate level of felony charge and degree of punishment for a sexual battery conviction will depend on the nature of the offense and the circumstances surrounding the alleged crime. Sexual battery can result in a sentence of anywhere from two years to life in a Texas state prison. The offender can also be assessed a fine of no more than $10,000.
Especially violent assaults, including intent to kill a victim or causing serious bodily injury, can be charged as a first degree felony. Conviction can result in a fine of up to $10,000 and between five and 99 years in prison. Offenses involving a minor child can also be prosecuted as a first degree felony.
Sexual Battery Defense
Sexual battery cases can often be subjective in nature. One possible defense is to convince a judge or jury that the alleged victim actually consented to participate in a sexual act. A consensual sex defense is not available in cases involving a minor child. There are also instances when it can be shown that someone else committed the alleged crime. If you have been accused of committing sexual battery, then you need professional legal help and fast. Reach out to Brett A. Podolsky today by calling 713.227.0087.