Like in most states, Texas considers rape as sexual assault.
Texas, however, also has a charge of deviate sexual assault.
What is the difference between sexual assault and deviate sexual assault?
Sexual assault
Texas law defines sexual assault as the intentional or knowing assault of another person in a sexual manner. This includes:
- Penetrating the anus or sexual organ of another person without consent
- Penetrating the mouth of another person with a sexual organ without consent
- Causing the sexual organ of one person to penetrate the mouth, anus or sexual organ of another person without consent
Deviate sexual intercourse
According to the Texas Penal Code, deviate sexual intercourse is “any contact between any part of the genitals of one person and the mouth or anus of another person” or “the penetration of the genitals or the anus of another person with an object.”
Additionally, first-degree deviate sexual intercourse includes if the victim was unconscious at the time of the intercourse, if the defendant was aware that the victim wasn’t aware sexual intercourse was happening or if the victim was impaired by drugs, intoxicants or alcohol as a means to prevent them from resisting.
If you need assistance with your sexual assault claim, reach out to an experienced and trusted attorney in your area right away.