In the state of Texas, gross sexual imposition is a severe sex crime that involves compelling someone to engage in sexual contact without their consent. It is a complex offense with specific legal elements that the prosecution must prove to secure a conviction. Understanding what constitutes gross sexual imposition is crucial for anyone facing such charges or seeking to understand the legal implications of this offense.
What is Gross Sexual Imposition?
Texas Penal Code § 21.05 defines gross sexual imposition as sexual contact with another person under certain circumstances, including:
- Compulsion – The offender compels the other person to submit by force or threat of force. This means the sex offender uses physical force, violence, or coercion to make the victim engage in sexual contact against their will.
- Substantial Impairment – The offender knowingly administers drugs, alcohol, or a controlled substance as a way of purposely impairing the victim’s judgment or self-control. The alleged perpetrator could give the substance to the victim secretly, such as by slipping it into a drink. Alternatively, they could force the substance upon the victim by threat. In cases of gross sexual imposition, the defendant allegedly commits the act of substantial impairment to render the victim unable to resist sexual contact.
- Mental Disability or Incapacity – The offender knows the other person suffers from a mental disease or defect that renders them incapable of appraising the nature of the act. This applies to situations where the victim’s mental state prevents them from understanding the sexual nature of the act or from giving informed consent.
- Exploitation of an Anesthesia or Other Incapacity – The offender knows the other person is unaware the sexual contact is occurring due to anesthesia or another similar impairment. This covers situations where the victim is unconscious or otherwise physically unable to resist the sexual contact.
It is important to note that this does not require penetration. It can involve any form of sexual contact, including touching of the genitalia, anus, or breast.
Examples of Gross Sexual Imposition
To further illustrate the concept, here are some examples of situations that could constitute gross sexual imposition in Texas:
- An individual forces another person to engage in sexual touching by threatening them with physical harm.
- Someone drugs another person’s drink and then engages in sexual contact with them while they are incapacitated.
- A caregiver takes advantage of a person with a mental disability and engages in sexual contact with them, knowing they cannot understand the nature of the act.
- A medical professional engages in sexual contact with a patient while they are under anesthesia.
Gross Sexual Imposition Against a Victim Under 13
When the victim of gross sexual imposition is younger than 13 years old, the offense becomes even more severe. In these cases, the offender faces a first-degree felony charge, punishable by imprisonment for life or a term of not more than 99 years or less than 5 years.
This enhanced penalty reflects the vulnerability of child victims and the severe consequences of such abuse.
Gross Sexual Imposition Sentence
The penalties for this in Texas vary depending on the specific circumstances of the offense. It is a felony offense that can result in imprisonment and significant fines.
- Third-Degree Felony – If the victim is 13 years or older, the offense is typically a third-degree felony, punishable by imprisonment for 2 to 10 years and a fine of up to $10,000.
- Second-Degree Felony – If the offender has a prior conviction for a sexually violent offense, the offense is elevated to a second-degree felony, punishable by imprisonment for 2 to 20 years and a fine of up to $10,000.
Gross Sexual Imposition vs. Sexual Assault
Gross sexual imposition is sometimes mistaken for sexual assault. However, there are some critical differences between the two. For one, the crime of sexual assault must include non-consensual penetration. Gross sexual imposition, on the other hand, does not include penetration. Instead, it focuses on a broader range of non-penetrative acts, usually related to touching or forcing the victim to touch the accused party.
As a result, sexual assault is a more severe offense and comes with harsher penalties and sentences than gross sexual imposition. Regardless, both of these charges carry significant legal penalties, and differentiating between these two related but different charges requires the expert guidance of a Texas defense attorney.
Gross Sexual Imposition vs. Sexual Imposition
Gross sexual imposition is also distinct from sexual imposition, a lesser offense that involves sexual contact with another person under certain circumstances. These include when the offender knows the alcohol or drugs impair the other person’s judgment or when the offender uses deception to gain consent.
Sexual imposition is typically a misdemeanor offense with less severe penalties than gross sexual imposition.
Defenses to Gross Sexual Imposition Charges
If you are facing charges of gross sexual imposition, there are several potential defenses that your attorney may be able to explore:
- Consent – An essential element is the lack of consent. If the alleged victim gave consent, there was no crime.
- Mistake of Fact – This defense may apply if the defendant genuinely believed that the victim was consenting to the sexual contact, even if that belief was mistaken.
- Lack of Intent – The prosecution must prove that the defendant acted intentionally or knowingly. This can be a defense if evidence shows that the defendant did not have the required mental state.
- Insufficient Evidence – If the prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt, the defendant may be acquitted.
It is important to note that successfully raising these defenses requires a thorough understanding of the law and skilled legal representation. An experienced criminal defense attorney can investigate the facts of the case, identify potential weaknesses in the prosecution’s case, and present a compelling defense strategy.
Facing Charges of Gross Sexual Imposition in Texas?
If you or someone you know is facing charges of gross sexual imposition in Texas, it is crucial to seek legal representation immediately. The experienced sex crime defense attorneys at Rosenthal Kalabus & Therrian can help you understand the charges against you, build a strong defense strategy, and protect your rights throughout the legal process. Check out our recent case results to know why you should trust us.
Contact us today at (972) 369-0577 for a confidential consultation with one of our attorneys.