Sexual Assault Law: Frequently Asked Questions & How a Lawyer Can Help
Table of Contents
- What is sexual assault?
- How a sexual assault lawyer can help
- What if I was intoxicated during the assault?
- Is There a Time Limit for Reporting Sexual Assault?
- What if the Assault happened on a college campus?
- What if the abuse happened online?
- How will you handle my case sensitively?
- What if I am afraid to come forward?
- How is sexual assault different from rape?
What is sexual assault?
Sexual assault law encompasses the legal statutes and protections designed to hold perpetrators accountable for non-consensual sexual acts while securing justice for survivors. Under Texas law, sexual assault is defined as the intentional or knowing penetration of another person without their consent. Sexual assault attorneys play a critical role in advocating for survivors, ensuring their rights are protected, and pursuing legal action against offenders.
Understanding Sexual Assault Law In Texas
Sexual assault law in Texas outlines various circumstances under which sexual acts are deemed unlawful due to lack of consent. These include:
- Use of force, threats, or coercion to engage in non-consensual sexual activity.
- Sexual acts involving individuals who are unconscious, intoxicated, or otherwise unable to provide consent.
- Sexual exploitation by professionals in positions of power, such as public servants, medical professionals, therapists, clergy, or employers.
- Cases involving minors or individuals with cognitive disabilities who cannot legally consent.
- Sexual misconduct in institutional settings, such as care facilities, correctional institutions, and educational environments.
How a sexual assault lawyer can help
- Filing a civil lawsuit against the perpetrator or negligent institutions.
- Pursuing financial compensation for medical expenses, therapy, lost wages, and emotional distress.
- Assisting with protective orders to ensure survivor safety.
- Guiding survivors through the legal system with compassion and advocacy.
If you or a loved one has been sexually assaulted, legal action can be a critical step toward justice. Our experienced Texas and California sexual assault attorneys are committed to helping survivors navigate the legal process and fight for the compensation and justice they deserve.
What if I was intoxicated during the assault?
If you were intoxicated during a sexual assault, it does not mean you consented to what happened, and it does not limit your ability to pursue legal action. Both Texas and California laws recognize that a person who is intoxicated—whether due to alcohol, drugs, or any other substance—may be incapable of giving legal consent to sexual activity
Texas Law on Intoxication and Consent
Under Texas Penal Code § 22.011, a person commits sexual assault if they engage in sexual activity with someone who is unable to resist or understand the nature of the act due to intoxication. If an offender knowingly exploits your intoxicated state, they can be held criminally and civilly liable for their actions.
California Law on Intoxication and Consent
Similarly, California Penal Code § 261(a)(3) states that sexual intercourse with someone who is prevented from resisting due to intoxication—and where the perpetrator knew or reasonably should have known about the victim’s condition—is classified as rape. California law does not require the victim to be fully unconscious—if intoxication impaired your ability to give informed consent, legal action can still be taken.
Is there a time limit for reporting sexual assault?
In both Texas and California, the statute of limitations for reporting sexual assault depends on several factors, including whether the case is criminal or civil.
- Texas: There is no statute of limitations for criminal prosecution of sexual assault if there is DNA evidence, the victim was a minor, or the assault involved aggravated circumstances. For civil lawsuits, survivors generally have up to five years to file a claim, though exceptions may apply.
- California: As of 2023, there is no time limit for criminal prosecution of sexual assault in most cases. For civil claims, survivors now have up to 10 years from the date of the assault or three years from the date they discovered the harm to file a lawsuit.
If you’re unsure about your timeline, our Texas and California sexual assault attorneys can assess your case and help you take action.
What if the assault happened on a college campus?
Sexual assaults on college campuses fall under Title IX, a federal law that requires educational institutions to address and prevent sexual misconduct. Both Texas and California colleges must provide survivors with support services, accommodations, and a process for reporting misconduct. If your school fails to take appropriate action, you may have grounds for a legal claim. Our legal team can help you navigate both Title IX complaints and civil lawsuits to seek justice.
What if the abuse happened online?
Online sexual abuse—including harassment, revenge porn, child exploitation, or coercion—can be prosecuted under both state and federal law.
- Texas Penal Code § 21.16 makes it illegal to share intimate images without consent (revenge porn).
- California Penal Code § 647(j)(4) criminalizes the non-consensual distribution of explicit images.
If you’ve been a victim of online sexual abuse, our firm can help you explore civil and criminal legal options to protect your rights and hold perpetrators accountable.
How will you handle my case sensitively?
We understand that coming forward about sexual assault is an incredibly personal and difficult decision. Our team prioritizes confidentiality, trauma-informed advocacy, and survivor-centered legal strategies. We will guide you through the process at your own pace, ensuring your voice is heard while protecting your rights.
What if I am afraid to come forward?
Fear of retaliation, stigma, or reliving the trauma can make it difficult to report sexual assault. However, both Texas and California offer protections for survivors, including:
- Protective Orders to keep the perpetrator away.
- Victim Compensation Programs to cover medical and counseling expenses.
- Legal anonymity options in some cases to protect your identity.
You are not alone, and we are here to support you. If you’re unsure about taking legal action, our team can provide confidential consultations to discuss your options and help you move forward in a way that feels right for you.
How is sexual assault different from rape?
Texas Law
The terms sexual assault and rape are often used interchangeably, but they have distinct legal definitions in Texas and California.
Under Texas Penal Code § 22.011, sexual assault refers to any non-consensual sexual contact or penetration, including cases where the victim is unconscious, intoxicated, under duress, or unable to give legal consent. Aggravated sexual assault (Texas Penal Code § 22.021) involves additional factors such as the use of a weapon, causing serious bodily harm, or targeting a child or elderly individual.
Texas law does not specifically use the term “rape” in its penal code but classifies all non-consensual sexual penetration under sexual assault or aggravated sexual assault.
California Law
California law, however, makes a distinction between rape and sexual assault:
- Rape (California Penal Code § 261) refers to non-consensual sexual intercourse involving force, fraud, coercion, threats, or the victim’s incapacity to consent due to intoxication or unconsciousness.
- Sexual assault is a broader term that includes unwanted sexual touching, groping, coercion, or penetration, even if it does not meet the legal definition of rape.
Key Differences
- Sexual assault is a broader category that includes rape, groping, forced sexual acts, and other forms of non-consensual sexual contact.
- Rape specifically refers to non-consensual penetration (in California), whereas Texas law classifies rape under sexual assault.
- Both offenses are serious crimes with severe criminal and civil consequences.
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