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What the law says about sexual assault

On Behalf of | Aug 3, 2022 | Criminal Defense |

If you are accused of engaging in unwanted touching, groping or other types of physical contact, Texas law says that you may have committed sexual assault. Each year, millions of people in the United States are victims of this type of crime, and those who are convicted of such conduct may face jail time or other penalties.

What are the elements of sexual assault?

To prove that this crime occurred, a plaintiff will simply need to show that sexual contact occurred against that person’s will. The plaintiff can also claim that a crime occurred because he or she was unable to consent to kissing or having sex with another person when the alleged assault took place. This may be because the alleged victim was under the influence of drugs or alcohol or otherwise not of sound mind when an incident occurred.

The law doesn’t make exemptions for spouses

Sexual assault can take place regardless of the relationship between the perpetrator and the victim. This means that you could be charged with sexual assault against your spouse. Furthermore, state law clarifies that a crime can occur regardless of the gender or age of the person who commits it. Therefore, those who are in same-sex marriages, domestic partnerships or who are simply cohabitating are also covered by existing sexual assault statutes.

If you are charged with sexual assault, it doesn’t necessarily mean a crime took place. It may be possible to cast doubt upon the victim’s testimony or other testimony given during a trial. You may also be able to cast doubt on forensic evidence or anything else used to justify charging you with a crime.