Abstract
Sexual assault is the sexual act in which a person is intimidated or physically forced to involve against their will. The word rape is a word that stems from the Latin word rapere. Rapere means to take away or seize. At common law, rape was a capital offense. In the 1970’s there were several changes in the rape statutes. These changes did override the common law approach and increased the possibility of conviction.
SEX OFFENSES 2 Law in the area of sex offenses is undergoing significant changes and reforms. The commission of sex offenses is not new, the concern and awareness have grown. The concerns and awareness of this commission has implemented new statutes, rules, and procedures. …show more content…
The offenders were charged with more than 579,000 criminal offenses during their criminal career. The Texas Criminal Alien Arrest Data reports that 6,190 were sexual assault charges. The number of criminal offenders that were convicted of sexual assault was 2,812. Sexual assault is a very critical and serious criminal violation to Texas state law. Sexual assault is generally known as rape. The sexual assault rape occurs when the defendant intentionally and knowingly violates any of the prohibited sexual activities that are listed under the Texas sexual assault law without the victim’s consent. Texas Penal Code on sexual assault elements states “a “child” is a person younger than 17 years of age. The act is considered to have been without the victim’s consent if physical violence was threatened or used in order to get the victim to submit or participate to the defendant’s actions. Also, if the victim for any reason is physically unable to resist or appreciate the nature of the act of being performed, there is a lack of consent. Consent is lacking any situation where the defendant is in a place of power or charged with the care of the victim. This includes the defendant being a health care services provider, clergyman, public servant, or an employee of a facility where the victim resides”( http://statelaws.findlaw.com/texas-law/texas-sexual-assault-laws.html ). Texas Penal Code also address the elements of aggravated sexual assault during the commission of the offense as follows, the defendant caused serious bodily injury, or tried to end victim’s life, the defendant put the victim life in fear of death, critical damage to the body, or kidnapping the victim, the defendant exposed or used a weapon during the time of the commission, a