Texas Laws regarding Sexual Assault


Sexual Assault – Texas laws define as intentionally or knowingly causing penetration without the person’s consent

  • “Penetration” includes oral, anal, or vaginal penetration by genitals or an object
  • The act is considered “without consent” if there is threat or use of force, the person is unconscious or physically unable to resist, or the person is a child

Aggravated Sexual Assault – sexual assault combined with:

  • serious bodily injury
  • attempts to cause death
  • threatens serious bodily injury, death, or kidnapping
  • a deadly weapon is exhibited
  • more than one offender act in concert with each other
  • the offender administers Rohypnol, GHB, or Ketamine
  • the victim is under the age of 14
  • the victim is elderly or disabled.

Sexual Assault Statute of Limitations

Felony indictments must be presented within these time limits:

No limitation

  • Continuous sexual abuse of a young child/children
  •  Aggravated sexual assault of a child
  • Sexual assault of a child
  • Indecency with a child
  • Sexual assault of an adult if DNA evidence is present

20 years from the victim’s 18th birthday:

  • Sexual performance by a child
  • Aggravated kidnapping with intent to commit sexual offense
  • Burglary of habitation with intent to commit sexual offense

10 years from the date of the commission of the offense:

  • Sexual assault of an adult
  • Aggravated sexual assault of an adult