What’s the Difference Between Rape and Sexual Assault?

The topic of sexual violence is frequently in the news. Some reporters unflinchingly use the term “rape.” In conversation, rape denotes non-consensual sexual intercourse. It is often understood to convey that force or a date rape drug like was used. Others use the term sexual assault. This is more ambiguous when used on the news and by victim advocate organizations. It regularly denotes a wider range of non-consensual sexual activity.

If you are accused of a sex crime in Houston, TX, it is essential you understand exactly charges you might face, and the law surrounding that crime. For example, you may be told you are accused of committing rape. However, Texas does not use the term rape. Under Texas law, you will most likely be face sexual assault or aggravated sexual assault charges.

To schedule a free consultation of your case, call a Houston sexual assault lawyer from The Law Offices of Ned Barnett at (713) 222-6767, or reach out via our online form.

What is Rape?

There are varying definitions of rape. Merriam-Webster defines rape as unlawful sexual activity carried out forcibly, under threat of injury, or through deception and against the someone’s will, or with a person who is beneath a certain age or incapable of valid consent due to various factors.

The U.S. Department of Justice defines rape as the “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

In Texas, if you are accused of this type of conduct, you may be charged with sexual assault. If this is your situation, you should contact a Houston rape lawyer immediately. A skilled criminal defense attorney can protect you throughout the entire legal process.

Sexual Assault Under Texas Law

Sexual Assault in prohibited in Texas Penal Code Section 22.011. You will be charged with sexual assault if you intentionally or knowingly cause:

• The penetration of a victim’s sexual organ or anus, by any means, without their consent
• The penetration of the victim’s mouth with your sexual organ, without their consent
• The sexual organ of the victim to contact or penetrate the mouth, anus, or sexual organ of another person without their consent.

You also can be charged with sexual assault of a child if, regardless of whether you knew the age of the child at the time or not, you intentionally or knowingly cause:

• The penetration of the sexual organ or anus of a child by any means
• The penetration of the mouth of a child by your sexual organ
• The sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ or another person
• The anus of a child to contact the mouth, anus, or sexual organ of another person
• The mouth of a child to contact the anus or sexual organ of another person

Contact a Houston Sexual Assault Lawyer for Help

If you are accused of any type of unlawful sexual conduct with another adult or a child, the first step you should take is not to answer any questions from law enforcement. You should invoke your right to remain silent. Next, you should call a criminal defense attorney for help with your case.

If a prosecutor charges you with sexual assault, you face a second-degree felony. This is punishable by at least two years in prison and up to 20 years in prison and $10,000 in fees. However, if you are accused of causing the victim bodily injuries, using a deadly weapon, or another aggravating factor, you will face a first-degree felony, which brings with it much harsher consequences.

Given the penalties for a rape conviction, it is essential you hire an experienced and Houston sexual assault lawyer. To schedule a free, initial evaluation of your case, contact The Law Offices of Ned Barnett today at (713) 222-6767, or reach out online.