Mental Health Services

What is sexual assault?

Sexual assault is defined as any non-consensual sexual contact or behavior.

Sexual Abuse (a.k.a. Sexual Assault) is defined by Texas Penal Code 22:011:  

Any sex act between persons is sexual abuse by either of the persons when the act is performed with the other person in any of the following circumstances:

1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.
2. Such other person is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
3. Such other person is a child.

What we can all do to help prevent sexual assault:

Think about whether you really want to have sex with someone who doesn't want to have sex with you; how will you feel afterwards if your partner tells you she/he didn't want to have sex.

If you are getting a double message from your partner, speak up and clarify what he/she wants. If you find yourself in a situation with a partner who is unsure about having sex or is saying "no," back off. Suggest talking about it.

Be sensitive to partners who are unsure whether they want to have sex. If you put pressure on them, you might be forcing them.

Do not assume you both want the same degree of intimacy. Your partner might be interested in some sexual contact other than intercourse. There may be several kinds of sexual activity you might mutually agree to share.

Stay in touch with your sexual desires. Ask yourself if you are really hearing what he/she wants. Do not let your desires control your actions.

Communicate your sexual desires honestly and as early as possible.

Do not assume his/her desire for affection is the same as a desire for sex.

A partner who turns you down for sex is not necessarily rejecting you as a person; he/she is expressing his/her decision not to participate in a single act at that time.

No one asks to be raped. No matter how a person behaves, he/she does not deserve to have his/her body used in ways he/she does not want.

The fact that you were intoxicated is not a legal defense to rape. You are responsible for your actions, whether you are drunk or sober.

Be aware that a man's size and physical presence can be intimidating to a woman. Many victims report that the fear they felt based on the man's size and presence was the reason why they did not fight back or struggle.

Legal and adjudicatory concerns following a sexual assault:

In the State of Texas, there is no time limitation for reporting the sexual assault to the police and pursue prosecution. The reality is that a report should be made as soon as possible after the assault. The longer someone waits to make a report of a rape, the less likely there will be a successful prosecution.

Civil court proceedings are another option available to a survivor. This course does not result in criminal action against the accused. Rather, monetary damages can be sought through this avenue. A survivor should check with a qualified attorney to pursue this option.

If medical or other monetary losses result from the assault, the survivor might be able to recoup some losses through the Crime Victims’ Compensation Program at (800) 983-9933.

What to do to help the survivor:

• Let the person be in control of her or his own decisions. Support these decisions.
• Tell him/her over and over again that the assault was not his/her fault.
• Tell her or him that no matter what she or he did when the rape happened, she or he acted in the best manner she or he could.
• Ask the survivor how she/he wants to be treated, especially when doing anything that may violate her/his personal space.
• Be a good listener. Be non-judgmental and non-blaming.
• Assist her/him in getting the help she/he wants and needs.

What NOT TO DO:

• Don't give advice or try to tell her/him what to do.
• Don't tell him/her what you would have done.
• Don't ask why she/he didn't scream, fight, etc. This is blaming.
• Don't ask her or him what they did to "lead him/her on."
• Don't spread gossip to friends about "what happened."
• Don't expect her/him to "get back to normal" right away.