Sexual assault: Legal definition

According to the Texas Penal Code, Chapter 22, a person commits an offense if the person intentionally or knowingly:

  • Causes the penetration of the anus or sexual organ of another person by any means, without that persons consent
  • Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent
  • Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
  • It is also considered rape, if the victim is intoxicated or unconscious and unable to give consent.

No Report Forensic Exams

  • Health and Safety Code to allow adult sexual assault victims to obtain a medical forensic exam without making a police report.
  • Evidence collected without an accompanying police report will be packaged and sent to the Department of Public Safety (DPS) and stored for a minimum of two years.
  • DPS will pay for the exam and seek reimbursement through the OAG’s (Office of Attorney General’s Office) Crime Victims’ Compensation program.

**Passage Effective as of June 19, 2009**