Comments on: An Open Letter to Sexual Assault Victims in Texas http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/ The blog of the Texas Association Against Sexual Assault. Wed, 11 Jan 2012 18:18:21 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Katie http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-320 Katie Tue, 15 Dec 2009 16:49:04 +0000 http://taasa.org/blog/?p=1024#comment-320 Amanda, I am sorry to hear that that happened to you, and it is awesome that you want to write about it and spread the word. There is a lot of information out there that needs to get out to a lot of people. But first, I just want to make sure that you are ok, and that you are taken care of. If you need to, you can go onto the RAINN website, and find places and people that are near you, and can just sit and listen to you and your story. Take care of yourself as well ok? :) Amanda, I am sorry to hear that that happened to you, and it is awesome that you want to write about it and spread the word. There is a lot of information out there that needs to get out to a lot of people. But first, I just want to make sure that you are ok, and that you are taken care of. If you need to, you can go onto the RAINN website, and find places and people that are near you, and can just sit and listen to you and your story. Take care of yourself as well ok? :)

]]> By: Amanda http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-309 Amanda Tue, 10 Nov 2009 08:12:31 +0000 http://taasa.org/blog/?p=1024#comment-309 I was a victim of Sexual Assuault last week. And I am going threw hell and I cant ever sleep. I feel like I should write an article in the newspaper so that the girls and women near my area need to be safe. It is not safe out there and these rapist need to be put away. I was a victim of Sexual Assuault last week. And I am going threw hell and I cant ever sleep. I feel like I should write an article in the newspaper so that the girls and women near my area need to be safe. It is not safe out there and these rapist need to be put away.

]]> By: Christopher Kaiser http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-308 Christopher Kaiser Mon, 09 Nov 2009 21:58:05 +0000 http://taasa.org/blog/?p=1024#comment-308 The offense of “sexual assault” is defined in Section 22.011, Texas Penal Code. Generally, there are two main legal components of sexual assault. The first is the criminal conduct or act, and the second is the victim’s lack of consent. However, where the victim is under 17 years of age and not the actor’s spouse, the law presumes the victim cannot consent. Therefore, in a case involving a victim under 17, the definition of sexual assault generally boils down to the criminal conduct. There are 5 general categories of conduct with a child under 17 that constitute sexual assault: A. A person intentionally or knowingly causes the penetration of a child’s anus or sexual organ by any means; B. a person intentionally or knowingly causes the penetration of the mouth of a child by the sexual organ of the actor; C. a person intentionally or knowingly causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; D. a person intentionally or knowingly causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; E. or a person intentionally or knowingly causes the mouth of a child to contact the anus or sexual organ or another person, including the actor. If a person has engaged in any of the conduct listed above against a child under 17 who is not the actor’s spouse, the person has committed sexual assault. There is also a narrow exception to the presumption of the child's lack of consent where the child involved was at least 14 years old at the time of the act. An actor who neither has been convicted of sexual assault in the past nor is required to register for life as a sex offender has an affirmative defense to prosecution, as long as the actor is not more than 3 years older than the child. In that case, the state would have to prove there was actually no consent--not just rely on the child's age to prove lack of consent. Follow this link to see the full text of the Texas sexual assault statute: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm The offense of “sexual assault” is defined in Section 22.011, Texas Penal Code. Generally, there are two main legal components of sexual assault. The first is the criminal conduct or act, and the second is the victim’s lack of consent. However, where the victim is under 17 years of age and not the actor’s spouse, the law presumes the victim cannot consent.

Therefore, in a case involving a victim under 17, the definition of sexual assault generally boils down to the criminal conduct. There are 5 general categories of conduct with a child under 17 that constitute sexual assault:

A. A person intentionally or knowingly causes the penetration of a child’s anus or sexual organ by any means;
B. a person intentionally or knowingly causes the penetration of the mouth of a child by the sexual organ of the actor;
C. a person intentionally or knowingly causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
D. a person intentionally or knowingly causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor;
E. or a person intentionally or knowingly causes the mouth of a child to contact the anus or sexual organ or another person, including the actor.

If a person has engaged in any of the conduct listed above against a child under 17 who is not the actor’s spouse, the person has committed sexual assault.

There is also a narrow exception to the presumption of the child’s lack of consent where the child involved was at least 14 years old at the time of the act. An actor who neither has been convicted of sexual assault in the past nor is required to register for life as a sex offender has an affirmative defense to prosecution, as long as the actor is not more than 3 years older than the child. In that case, the state would have to prove there was actually no consent–not just rely on the child’s age to prove lack of consent.

Follow this link to see the full text of the Texas sexual assault statute: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm

]]> By: Melissa Heald http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-304 Melissa Heald Mon, 09 Nov 2009 16:21:20 +0000 http://taasa.org/blog/?p=1024#comment-304 Basically, sexual assault is any sexual contact against someone's will. The Texas penal code states that a person commits sexual assault if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; 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. http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.22.htm Basically, sexual assault is any sexual contact against someone’s will.

The Texas penal code states that a person commits sexual assault if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; 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. http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.22.htm

]]> By: P Baker http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-303 P Baker Mon, 09 Nov 2009 14:08:25 +0000 http://taasa.org/blog/?p=1024#comment-303 I am writing an editoral for a newspaper about the "sexual Assault" convection of the Polygamist Raymond Jessop. Would you tell me just what is considered Sexual Assault in Texas? P N Baker I am writing an editoral for a newspaper about the “sexual Assault” convection of the Polygamist Raymond Jessop.
Would you tell me just what is considered Sexual Assault in Texas?
P N Baker

]]> By: Charli Schauseil http://taasa.org/blog/announcement/an-open-letter-to-sexual-assault-victims-in-texas/comment-page-1/#comment-191 Charli Schauseil Fri, 15 May 2009 16:22:46 +0000 http://taasa.org/blog/?p=1024#comment-191 Thank you so much for responding and please understand that the outrage was not misplaced. There have been previous problems in other states that the National Center for Victims of Crime acknowledged a year ago that go beyond "human error." Even the perception of a problem has to be addressed. All too often it is not. So, again, thank you. Thank you so much for responding and please understand that the outrage was not misplaced.

There have been previous problems in other states that the National Center for Victims of Crime acknowledged a year ago that go beyond “human error.”

Even the perception of a problem has to be addressed. All too often it is not. So, again, thank you.

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