Reply #27: What constitutes "sexual Assault child" in TX?

[Gormy Cuss]

Here's a brief summary.

The crime of sexual assault as it applies to a child younger than 17 mirrors the adult sexual assault statute, except it removes the notion of consent. A person commits the offense of sexual assault against a child if he or she:

(1) causes the penetration of the anus or sexual organ of a child younger than 17 years of age by any means;

(2) causes the penetration of the mouth of a child younger than 17 years of age by the sexual organ of the actor;

(3) causes the sexual organ of a child younger than 17 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(4) causes the anus of a child younger than 17 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(5) causes the mouth of a child younger than 17 years of age to contact the anus or sexual organ of another person, including the actor.

As compared to sexual assaults involving adults, consent is absolutely and wholly irrelevant....

In your example, Mr. Gaudreau was ~20-21 at conviction -- young enough to think teenagers are dating material. What remains unsaid in the sex offender summary is whether his conviction was based on consensual sex with a 16 year old, because the law excludes consent in the determination, or whether it was with a much younger child. While he was guilty of the offense either way an idiot unaware that sex with a 16 year old can land him in jail is not as worrisome as a community risk as someone who rapes a 5 year old.

eta clarification