Texas House Bill HB3555

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of the criminal offense of sexual assault.

Impact

The changes brought by HB3555 are expected to have significant implications on how sexual assault cases are prosecuted in Texas. By broadening the definitions of coercion and incapacity, the bill aims to provide clearer legal grounds for prosecution, thereby supporting victims who may feel that their circumstances are not adequately recognized under previous laws. It emphasizes the importance of obtaining affirmative consent and attempts to remove ambiguity regarding what constitutes consent in various contexts, particularly in cases that involve individuals unable to resist due to incapacitation.

Summary

House Bill 3555 relates to the prosecution of the criminal offense of sexual assault, specifically focusing on the definitions and criteria for understanding consent. The bill amends Section 22.011(b) of the Penal Code, expanding the circumstances under which a person is considered to not have given consent for sexual activity. This includes definitions related to physical force, coercion, and the ability of the victim to resist or communicate consent. The revisions are intended to strengthen the legal framework surrounding sexual assault cases and enhance the protection of victims.

Contention

Notable points of contention around this bill may arise from the inclusion of definitions that some stakeholders might view as overly broad. For example, the language specifying that an actor coercing a victim could be a public servant or a health care provider—exploiting the victim's dependency—raises discussions regarding professional ethics and safeguarding against potential overreach. Additionally, the new provisions may invoke debate as to the balance between protecting victims and ensuring that defendants have sufficient legal rights in sexual assault cases.