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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER ADEFINITIONS
RULE §705.1005How is sexual abuse defined?

(a) In this chapter, when an alleged perpetrator is a caretaker or paid caretaker, family member, or other individual who has an ongoing relationship with the alleged victim, sexual abuse is defined as nonconsensual sexual activity, which may include, but is not limited to, any activity that would be a sexually-oriented offense per Texas Penal Code, Chapters 21, 22, or 43.

(b) There is no consent when:

  (1) the alleged perpetrator knows or should know that the alleged victim is incapable of consenting because of impairment in judgment due to mental or emotional disease or defect;

  (2) consent is induced by force or threat against any person;

  (3) the alleged victim is unconscious or physically unable to resist;

  (4) the alleged perpetrator has intentionally impaired the alleged victim by administering any substance without the person's knowledge; or

  (5) consent is coerced due to fear of retribution or hardship, or by exploiting the emotional dependency of the alleged victim on the alleged perpetrator.


Source Note: The provisions of this §705.1005 adopted to be effective September 1, 2012, 37 TexReg 6316

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