Sexual assault is a serious criminal violation of Texas state law. Sexual assault, commonly known as rape, occurs when a defendant -- intentionally and knowingly -- commits any of a number of prohibited sexual activities listed under Texas' sexual assault law without the victim's consent.
For purposes of Texas sexual assault law, a "child" is a person younger than 17 years of age. The act is considered to have been without the victim's consent if physical violence was threatened or used in order to get the victim to submit or participate to the defendant's actions. Also, if the victim for any reason is physically unable to resist or appreciate the nature of the act being performed, there is a lack of consent. Consent is lacking in any situation where the defendant is in a place of power or charged with the care of the victim. This includes the defendant being a health care services provider, clergyman, public servant, or an employee of a facility where the victim resides.
This charge may be elevated to that of aggravated sexual assault if any of the following occur during the commission of the sexual assault: The defendant has caused serious bodily injury or attempted to cause the death of the victim; The defendant placed the victim in fear of death, serious bodily injury or kidnapping to the victim's self or to another person; A deadly weapon was used or exhibited during the crime; The defendant acted with another individual in committing the crime; The "date rape drug" also known as rohypnol or ketamine was used with the intent of making the offense easier to commit; The victim is younger than 14 years of age; The victim is an elderly or disabled individual.