You may already understand that, in Texas, the crime of rape is considered “sexual assault.”
But what, then, is deviate sexual assault in Texas?
Let us explain.
What is sexual assault in Texas?
First, let’s examine what constitutes sexual assault in Texas.
Texas law holds that sexual assault means a person intentionally or knowingly:
- “causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent,” or
- “causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent,” or
- “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.”
What is “deviate” sexual intercourse in Texas?
The Texas Penal Code for sexual offenses defines “deviate sexual intercourse” as “any contact between any part of the genitals of one person and the mouth or anus of another person” or “the penetration of the genitals or the anus of another person with an object.”
In addition, deviate sexual intercourse in the first degree occurs if the complainant was unconscious, if the defendant knew that the complainant was unaware of the sexual intercourse, or the defendant substantially impaired the complainant via drugs, intoxicants or other means for the purpose of preventing resistance.
These actions are not the only sexual activities which are considered to be deviate in Texas, as you shall see.
Deviate sexual intercourse involving children
Texas law also holds that a person commits involuntary deviate sexual intercourse with a child when engaging in deviate sexual intercourse with a complainant who is less than 13 years of age. That is a first-degree felony, with punishment of 5 to 99 years in prison, or a lifetime sentence.
Deviate sexual intercourse in the first degree in Texas also occurs if the complainant is under 16 years old and the defendant is 4 or more years older than the complainant and the 2 are not married to each other.
It is also a crime in Texas to knowingly solicit a minor under 17 years old via email, text message or the Internet with the intention of engaging in sexual contact, sexual intercourse or deviate sexual intercourse. Such online solicitation could result in a fine of as much as $10,000 and prison time of 2 to 20 years.
Same-sex “deviate” sexual activity in Texas
It might surprise you to learn that Texas law also holds that “A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.” Enacted as law in 1973, the “anti-sodomy” law considers this sexual activity a Class C misdemeanor, with punishment of up to a $500 fine.
However, Texas’ ban on homosexual conduct has been unenforceable since 2003. That is when the United States Supreme Court struck down the state’s anti-sodomy law in Lawrence v Texas, a case arising after sheriff’s deputies in the Houston area charged 2 men with a misdemeanor for having sex in an apartment.
Time after time, some Texas officials have tried to get the now-ineffectual law removed from the Texas Penal Code on the grounds that it is unconstitutional and signals that Texas is an anti-homosexual state. However, again in the 2019 legislative session, Democrats in the legislature tried to excise the 1973 law, but it never moved beyond the committee stage.
Contact a sexual assault defense lawyer
As you can see, much sexual activity falls under the label “deviate” in Texas. Whether deviate or not, all sexual assault charges should be taken seriously, especially those that involve children.
Persons who face such a charge, which may be unfair or unfounded, should get a sex crime defense attorney to protect their legal rights.
If you live in Houston, Sugar Land, The Woodlands, Conroe or elsewhere in Harris County, Fort Bend County or Montgomery County, and you face a sexual assault or deviate sexual assault charge, contact the Neal Davis Law Firm for a legal review of your case.
