Sexual Assault in Texas Penal Code §22.011 — Charges and Defense
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
The §22.011 elements
Penal Code §22.011 has multiple offense theories. The basic offense (a)(1):
A person commits an offense if the person intentionally or knowingly:
- (A) Causes penetration of anus or sexual organ of another person without that person's consent
- (B) Causes penetration of mouth of another person by sexual organ of actor without that person's consent
- (C) Causes sexual organ of another person to contact or penetrate mouth, anus, or sexual organ of another person, without that person's consent
"Without consent" is defined at §22.011(b) with 11 enumerated circumstances:
- By force
- By threat of force
- By deception
- By incapacitated victim
- By intoxicated victim
- Various specific circumstances
Penalty: second-degree felony (2-20 years TDCJ); first-degree felony (5-99 or life) for specific aggravators.
The consent question
Consent is the central battleground in most sexual assault cases. Texas defines lack of consent through specific statutory circumstances at §22.011(b). Defense work analyzes:
Was force used? Force can be physical or threatened. Where neither, this prong fails.
Capacity to consent. Intoxication, sleep, mental incapacitation. Where the alleged victim was capable of consenting and circumstances suggest consent was given, the case may fail.
Communication of consent. Texas law focuses on actual consent rather than communicated consent in some contexts. Defense framework considers what was actually communicated, body language, and circumstances.
Mutual mistake. Where both parties had different understandings of the encounter, the consent analysis becomes complex. Defense argues the defendant's reasonable belief in consent.
Post-encounter context. Communications, behavior, and statements after the encounter sometimes inform the consent question.
Defense investigation priorities
Sexual assault defense requires aggressive investigation:
SANE exam analysis. Sexual Assault Nurse Examiner reports. Medical findings can support or undermine allegations. Defense expert review of findings.
Forensic evidence. DNA evidence, clothing, photographs. Whose DNA, in what location, in what amount — all relevant.
Witness statements. Other witnesses to the encounter, prior interactions, post-encounter behavior.
Communications. Text messages, social media DMs, phone records before, during, after the alleged encounter. Often decisive in cases involving acquaintance assault.
Forensic interview. If the alleged victim was interviewed at a forensic facility, the recording becomes a critical defense review item.
Background investigation. Of the alleged victim, witnesses, and circumstances. Relevant under specific Texas Rules of Evidence (Rule 412 limits but doesn't eliminate).
Expert consultation. Medical experts on injuries, forensic toxicology if intoxication issue, false memory or psychological experts when relevant.
Sexual assault defense routinely requires $25,000-$100,000 in defense expense for serious cases. The investigation is intensive and the procedural complexities substantial.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Is "rape" the same as sexual assault?
"Rape" is colloquial; Texas uses "sexual assault" formally under §22.011. Texas no longer has a separate "rape" statute (replaced in modernization). Aggravated sexual assault under §22.021 covers what would historically be called aggravated rape.
Can sexual assault be defended on consent?
Yes. The state must prove lack of consent under one of the statutory circumstances at §22.011(b). Where the encounter was consensual, the prosecution fails. Consent defense requires careful evidence management — communications, witness testimony, post-encounter behavior all matter.
What about cases involving alcohol?
Alcohol cases require careful analysis. Statutory "intoxication" doesn't mean any alcohol consumption — it requires impairment to a degree that affects capacity to consent. Defense focuses on actual capacity at the time of the encounter, not generic intoxication. Forensic toxicology consultation often important.
Will the alleged victim's history come up at trial?
Texas Rule of Evidence 412 (Rape Shield Rule) limits admissibility of sexual history evidence in these cases. Generally not admissible to prove consent or to show character. Specific exceptions (prior false allegations, evidence directly relevant to the charged offense) may apply but require specific procedures.
How do I find a sex assault defense lawyer?
Specialist representation is critical. Look for lawyers who handle these cases regularly — not as occasional matters within general criminal practice. Forensic interview analysis, SANE evidence interpretation, Rule 412 procedure all require specialist knowledge. The lifetime consequences of conviction justify substantial investment in specialist defense.
