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About Sexual Assault

Generally

In Texas, there are numerous offenses that can be classified as “sex crimes”: sexual assault, aggravated sexual assault, indecency with a child, public lewdness, and indecent exposure.

Sexual assault is unconsensual sex, including vaginal, anal, or oral, and including penetration by a penis, finger, or something else. A person under the age of 17 cannot legally consent to sex and a person who engages in sex with such a person can also be charged with sexual assault, even if that person did not resist. Aggravated sexual assault is unconsensual sex that causes serious bodily injury, involves the use of a deadly weapon, or is with a person under the age of 14, elderly, or disabled.

Additionally, other contact that is not considered sexual assault, such as inappropriate touching or exposure of private parts, is also a crime. Examples include indecency with a child, public lewdness, and indecent exposure.

When an adult allows the above crimes to happen to a child, that adult can be investigated and prosecuted themselves for child abuse. A person can be prosecuted for child abuse even if that person did not actually commit the act, but knew it was happening and did nothing to prevent it. Child abuse includes:

• allowing sexual conduct harmful to a child’s mental, emotional, or physical welfare, including indecency with a child, sexual assault, or aggravated sexual assault to  occur;
• failure to make a reasonable effort to prevent sexual conduct harmful to a child; compelling or encouraging the child to engage in sexual conduct;
• causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of a child if the person knew or should have known that the  resulting photograph, film, or depiction of the child is obscene or pornographic;
• or causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child.

According to the Texas Association Against Sexual Assault (TAASA), the occurrence of rape in our country appears to be on the rise. However, only two percent of rapists are actually imprisoned. The majority of rapes go unreported, because we as a community often doubt the validity of victims’ experiences.

TAASA reports that the United States has the highest rape rate of any industrialized nation and that more than 226,000 children and 104,000 adults are raped every year in Texas. A survey of college men found that 35 percent anonymously admitted they would commit rape if they knew they could get away with it.

TAASA notes that the most concerning part of these trends is that most rape victims are younger that 18. Typically, the victim is a teenage girl who has been raped in a home by someone she already knew. Far too often in our own community, the victims of sexual assault and other sex crimes are children under the age of 14 and the offender is someone in the child’s home.

Community outreach and response to sexual assault is vital to the welfare of the victim and the community as a whole. Victims of sexual assault commonly experience emotional and spiritual trauma, even Post Traumatic Stress Disorder or depression, which can affect their daily lives and involvement in our community. Young children who are sexually assaulted or around such behavior commonly become offenders themselves as they become older.

For more information and resources about sexual assault, please click here to visit the TAASA website. If you think that you or someone you know has been a victim of sexual assault or another sex related offense, please contact your local law enforcement to discuss.

Local Statistics:

As our community has grown and has become more aware and educated about sex crimes, so has the number of sex-related crimes reported to our local law enforcement agencies.

NEW BRAUNFELS POLICE DEPARTMENT – All Sex Related Crimes Reported

2007 – 71
2008 – 89
2009 – 136
2010 – 140

COMAL COUNTY SHERIFF’S OFFICE – All Sex Related Crimes Reported

2009 – 45
2010 – 61

Additionally, the Crisis Center of Comal County has an entire program solely dedicated to providing services to families and survivors of sexual assault. In 2008, the Sexual Assault Program served 1,201 adults and children, almost half of which were new cases.