Is Sexual Assault Involving A Spouse Legal in Texas

Dallas, USA, 11/17/2021 / Broden Mickelsen Attorneys at Law /

Dallas Sexual Assault defense lawyers – Sexual assault of a spouse is illegal under Texas law. In Texas,”Marital rape” is considered sexual assault and may be charged as aggravated sexual assault if there were aggravating factors present when the assault took place.

When one spouse commits a sexual assault upon the other, this is charged as sexual assault or aggravated sexual assault under Texas law.

The sexual assault law in Texas is gender-neutral, which means a sexual assault between spouses can include an assault by a husband upon a wife, a wife upon a husband, or same-sex spouses.

Sexual assault – Under Texas law, a person can be charged with sexual assault, which can include the sexual assault of a spouse, if they knowingly or intentionally cause the penetration of the other person’s mouth, anus, or sexual organs without that person’s consent.

Aggravated sexual assault – Under Texas law, sexual assault, including the sexual assault of a spouse, can be charged as aggravated sexual assault when an individual commits a sexual assault in the presence of aggravating factors.

These aggravating factors can include carrying out a sexual assault that involves kidnapping, causing serious injury to the other person during the assault, using a deadly weapon to carry out the assault, a sexual assault where the victim is over the age of 65, using a date rape drug during the sexual assault, or making the other person fear for their lives during the sexual assault.

Because Texas law does not distinguish between marital rape and other types of sexual assault, the penalties for sexual assault and sexual assault involving a spouse are the same.

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Source: Story.KISSPR.com

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