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2003

The Scholar: St. Mary's Law Review on Race and Social Justice

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No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander Mar 2003

No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander

The Scholar: St. Mary's Law Review on Race and Social Justice

In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …