Sexual Assault and Family Violence.

Sexual assault under Penal Code 22.011 has two forms. Against an adult, the person intentionally or knowingly causes penetration of the anus or sexual organ of another by any means, penetration of the mouth by the actor’s sexual organ, or contact or penetration between the other person’s sexual organ and the mouth, anus or sexual organ of another, and does so without that person’s consent. Against a child, the same kinds of acts are an offense with no consent element at all, and regardless of whether the actor knows the child’s age.

In Section 22.011 a child is a person younger than 17. That is not the only definition you will meet. The Family Code’s juvenile justice definition in Section 51.02 is a person ten or older and under 17. The meaning of child varies between statutes, so check the statute that applies to your victim.

Sexual assault is a felony of the second degree. It is a felony of the first degree if the victim was a person the actor was prohibited from marrying or from having sexual intercourse with under Penal Code 25.01 or 25.02.

Sexual assault is an aggressive act even when no physical force or weapon is used. It can be facilitated by intoxicating substances, verbal threats, guilt tactics, emotional manipulation or coercion. In most cases the perpetrator is someone the victim knows, which is why you will hear the term adult non-stranger sexual assault. Most cases will not have signs of physical violence.

On child sexual abuse, the outline makes two points. Approximately 40 percent of child sexual abuse victims are abused by older or more powerful children. And most abusers choose victims they have easy access to, and spend time establishing trust before the abuse.

The Penal Code defines consent as assent in fact, whether express or apparent. The rest of this objective is about what does not count.

It is not consent if the act is accomplished through coercion, physical force, violence, intoxication tactics or threats of violence. It is not consent because the victim is silent. It is not consent if the offender knows the victim is unconscious or physically unable to resist, or has a mental disturbance or diminished mental capacity. It is not consent if the person is intoxicated and unaware that the act is occurring.

Section 22.011(b) puts these into law. The act is without consent when, among other things, the actor compels submission by force, violence or coercion, or by a threat the other person believes the actor can carry out; when the actor knows the other person is unconscious, physically unable to resist, or unaware that the assault is occurring; when the actor knows a mental disease or defect leaves the person unable to appraise the act or resist it; and when the actor knows the person is intoxicated or impaired to the point of being incapable of consenting. It also covers actors who exploit a position, such as a public servant who coerces, or a clergyman, health care provider, coach, tutor or caregiver who exploits dependency.

Any sexual act against a victim younger than 17 is nonconsensual. The narrow “Romeo and Juliet” exception is an affirmative defense: the actor was not more than three years older than the victim, the victim was 14 or older, the actor was not a registered sex offender of the kinds the statute lists, and the victim was not someone the actor was barred from marrying or having intercourse with. Being the child’s spouse at the time is also an affirmative defense.

Some groups face a higher risk of sexual assault and extra barriers to reporting it. The outline lists children, the elderly, immigrants, the LGBTQ+ community, males, people of color, people with disabilities, sex workers and tribal communities, and notes the list is not complete.

Four habits apply to every group. Be mindful of your own biases and beliefs. Educate yourself on the culture of the communities you serve, because accurate terminology promotes trust. Build partnerships with service providers before you need them. And do not take it personally if a victim is more comfortable with an officer of a different gender or race.

Then the specifics. With immigrants, do not assume legal status, and know that some state sponsored programs may not be available to them. With LGBTQ+ victims, do not ask about gender unless it is pertinent to the investigation, use the pronouns the victim uses, and do not assume family or friends know the person’s orientation or identity. With male victims, information about how common male sexual assault is can show the victim he is believed and not alone.

With people with disabilities, ask about accommodations before a meeting when you can, remember many disabilities are not visible, and know the ADA requirements. With sex workers, follow your agency’s reporting protocols if you suspect human trafficking. Members of tribal communities may have access to traditional healers, tribal court, free health care through I.H.S. and tribal advocacy programs.