Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.
In Texas, sexual assault is defined under Texas Penal Code Section 22.011 as intentionally or knowingly causing the penetration of the anus or sexual organ of another person by any means, without that person's consent. Aggravated sexual assault, which is a more serious offense, is outlined in Section 22.021 of the Penal Code. It includes circumstances that elevate the severity of the crime, such as the use or exhibition of a deadly weapon, causing serious bodily injury or attempting to cause the death of the victim, or administering flunitrazepam, commonly known as a 'date rape drug,' to facilitate the assault. Additionally, if the victim is under 14 years of age or an elderly or disabled individual, the offense is considered aggravated. The penalties for sexual assault can range from a second-degree felony to a first-degree felony for aggravated cases, with the latter carrying a potential life sentence in prison.
