In some states, a person may face criminal charges of “gross sexual imposition” when they engage in sexual conduct with another individual against that individual’s will. When a person engages in sexual conduct with someone against that individual’s will in Texas, they may face prosecution under Texas law for the crime of “sexual coercion.”
What Is Gross Sexual Imposition?
“Gross sexual imposition” refers to a crime under some states’ criminal codes that occurs when a person makes sexual contact with another person against their will. For example, in Ohio, gross sexual imposition occurs when a person engages in sexual activity with another person (other than their spouse) or causes someone other than their spouse to engage in sexual contact against their will through:
- Threat or physical force
- Impairing the victim’s judgment by administering alcohol or drugs by force or deception
- Knowing that the victim could not give consent due to alcohol or drugs administered as part of a dental/medical treatment, examination, or surgery
- Victimizing a person under 13
- Knowing that the victim could not resist or give consent due to advanced age or a mental/physical condition
In Texas, if a person commits the crime of sexual coercion, then they intentionally threaten, including through coercion or extortion, to commit an offense and, in exchange for not committing the threatened offense, obtain intimate visual material or an act involving sexual conduct causing arousal or gratification.
Examples of Gross Sexual Imposition
Examples of conduct that might lead to criminal charges of sexual coercion include:
- A person threatens another individual with physical force or to commit another crime upon that individual to get the individual to submit to sexual activity.
- A person forces or coerces another individual into consuming drugs or alcohol that incapacitates them so the person can engage in sexual activity with the individual.
- A person engages in sexual activity with someone they know cannot resist or lack the capacity to consent to sexual activity due to age or physical/mental conditions.
Gross Sexual Imposition vs. Sexual Assault
Sexual coercion under Texas law involves using threats of force or criminal activity to induce someone into submitting to sexual activity or taking advantage of a person’s incapacity to engage in sexual activity. Conversely, sexual assault under Texas law occurs when a person intentionally or knowingly:
- Penetrates another person’s sexual organ or anus without their consent
- Penetrates another person’s mouth with the perpetrator’s sexual organ without consent
- Causes another person’s sexual organ to penetrate an individual’s mouth, anus, or sexual organs without the person’s consent
Both sexual coercion and sexual assault involve a lack of consent from the victim. However, in sexual coercion, the lack of consent occurs due to the use of threats, physical force, or a person’s incapacity to secure their submission to sexual activity.
Penalties for Gross Sexual Imposition
In Texas, the crime of sexual coercion constitutes a state jail felony, which carries a sentence of 180 days to two years in state jail, plus a potential fine of up to $10,000. However, a second or subsequent conviction for sexual coercion constitutes a third-degree felony, which carries a penalty of two to ten years in prison and a potential fine of up to $10,000.
A conviction for sexual coercion may also include the requirement for the defendant to register as a sex offender. Sex offender registration requirements can require an offender to regularly report and update their basic information with law enforcement officials, such as their residential and mailing addresses, employment, phone numbers, email addresses, social media accounts, and vehicle registration information. You can deregister yourself from being a sex offender once you are eligible for removal.
Defenses to Gross Sexual Imposition Charges
A defendant facing charges of sexual misconduct in Texas may pursue various factual and legal defenses or case strategies to pursue a dismissal/acquittal or minimize the consequences of their charges. Common defenses used in sex crime cases include:
- Affirmative, uncoerced consent
- Lack of threats or physical force
- Lack of knowledge of incapacity
- Lack of intent
- Lack of sexual contact
Defense strategies may also focus on challenging the admissibility of the prosecution’s evidence. For example, a defendant may contest the reliability of forensic evidence tying them to the crime scene or identifying them as the perpetrators. Defendants may also argue that law enforcement investigators obtained evidence or statements from them through unlawful searches or questioning, including when investigators lacked probable cause for a search or failed to inform the defendant of their rights before questioning.
Contact an Experienced Criminal Defense Attorney Today
When you get arrested and charged with committing a non-consensual sex offense in Texas, you need experienced legal guidance to protect your rights, reputation, and future from the consequences of charges or a conviction. Call our law firm today at (214) 845-7007 for a free, confidential consultation with a sex crimes defense lawyer to discuss your legal options for seeking a favorable resolution to your sexual misconduct charges. With our compassionate and understanding representation, you’ll feel better knowing we’re working tirelessly to gather evidence and build a robust defense to help you clear your name. Ask us anything about your case.
