How Long Do You Go to Jail for Sexual Assault?

Wondering how long do you go to jail for sexual assault charges in Texas? The sentence can be anything from 2 years to life. Learn the details in our article.

Texas Law on Sexual Assault

Under Texas Penal Code Section 22.011, sexual assault occurs when a person intentionally or knowingly engages in sexual contact, penetration, or other sexual acts with another person without consent. Unlike some states, Texas does not legally distinguish different forms of sexual assault under separate names like "rape" or "indecent assault." Instead, all non-consensual sexual activity falls under this statute.

What Constitutes Sexual Assault in Texas?

Sexual assault under Texas law includes any of the following when done without consent:

• Sexual intercourse or penetration
• Unwanted sexual contact or sexual touching
• Engaging in sexual acts through coercion, force, or threats
• Engaging in sexual activity when the victim is unconscious, incapacitated, or unable to consent

Texas also criminalizes statutory rape under its sexual assault laws, meaning that even if a minor appears to consent, it is still considered a crime if the age difference is too great.

However, Texas does have a three-year age gap exception, meaning that consensual sexual relationships between minors who are close in age may not always result in criminal prosecution.

What Is Aggravated Sexual Assault?

Some cases involve additional aggravating factors, elevating the offense to aggravated sexual assault under Texas Penal Code Section 22.021. A sexual assault charge becomes aggravated if any of the following apply:

• The victim suffered serious bodily injury
• A deadly weapon was used or exhibited during the offense
• The victim was under the age of 14
• The perpetrator acted with another person to commit the offense
• The victim was drugged or rendered unconscious by the perpetrator
• Threats of death, serious bodily injury, kidnapping, or human trafficking

Aggravated sexual assault carries much harsher penalties than a standard sexual assault conviction in Texas.

How Long Is the Prison Sentence for Sexual Assault in Texas?

The prison sentence for sexual assault crimes depends on whether the offense is classified as a second-degree felony or a first-degree felony.

Factors That Affect Sentencing

The years in prison a person faces for sexual assault depends on several factors, including:

• The age of the victim: The younger the victim, the harsher the penalties.
• Use of force: If physical force, a weapon, or threats were used, it may result in aggravated sexual assault charges.
• Bodily injury: If the victim suffered serious bodily injury, the penalties increase.
• Repeat offenses: If the offender has prior convictions for similar crimes, sentencing may be much harsher.
• Victim’s ability to consent: If the victim was unconscious, mentally disabled, or under the influence, it can lead to more severe consequences.

Sex Offender Registration and Other Consequences

Beyond years in prison, a conviction for sexual assault or aggravated sexual assault results in mandatory sex offender registration. This requirement impacts:

• Employment opportunities
• Housing eligibility
• Public records and background checks
• Parole and probation conditions

In many cases, sex offender registration is for life, even after the individual has served their sentence.

Protect Your Future with Legal Help

A sexual assault conviction carries life-changing consequences, from years in prison to sex offender registration and permanent damage to your reputation.

Ryan H. Deck has extensive experience with Texas law and building strong defenses for those accused of sexual assault. Whether negotiating for reduced charges, arguing for reasonable doubt, or taking your case to trial, Attorney Deck is prepared to go all the way to defend your rights.

If you or a loved one has been accused of sexual assault in Williamson County, time is crucial. Contact us today for a confidential free consultation and start building your defense.