Under Texas law, sexual coercion means intentionally threatening someone, through coercion or extortion, to obtain a sexual act or intimate images from them. Texas treats it as its own crime, separate from sexual assault, and a coerced yes is not the same thing as real consent. Sexual coercion can happen in any relationship, but it often involves a person in power, such as a teacher, coach, landlord, or supervisor, who uses their position to pressure someone into an unwanted sexual act.
Many survivors believe that because they said yes, they do not have a case. That is not how sexual coercion in Texas works under the law. At Crowe Arnold & Majors, LLP, we can help you understand how this law applies to your case and what to do next. Schedule a free consultation today.
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How Texas Law Legally Defines Sexual Coercion
The definition of sexual coercion under Texas law is found in Texas Penal Code 21.18. This statute makes it a crime to intentionally threaten someone, including by coercion or extortion, to obtain intimate visual material or a sexual act.
The law also covers cases where the perpetrator threatens to commit another qualifying sex offense against you, such as exposing themselves to you, secretly recording you, sexually assaulting you, or committing another offense covered by the statute, unless you provide intimate images or agree to a sexual act.
The perpetrator is always the one threatening to commit the underlying offense. It does not matter how the threat is communicated. A text message, a social media post, or an email counts just as much as a face-to-face threat.
Real-World Examples of Sexual Coercion in Texas
Sexual coercion can look like manipulation rather than an obvious crime, which is why many survivors don’t immediately recognize it as illegal. Here are a few real-world examples:
- Sending a threat to leak private or intimate photos, demanding either new images or a sexual act in return
- A property manager secretly recording a tenant, then using the footage as leverage to demand sex
- A student’s professor exposing himself and warning her that refusing a sexual act would have consequences
- An employee discovering her supervisor has been secretly filming her, then being told to send explicit photos or the footage goes public
- A patient whose therapist threatens assault unless she hands over intimate images
These are only a few examples. Any threat to commit an offense under Texas Penal Code Chapter 21 or related statutes, made to obtain a sexual act, intimate images, or another benefit, can qualify as sexual coercion.
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How Sexual Coercion Differs From Other Forms of Sexual Assault
As noted, sexual coercion centers on a threat used to obtain a sexual act or images. It doesn’t require physical contact. Sexual assault under Texas Penal Code Section 22.011 involves actual nonconsensual contact or penetration. The two can overlap, but they’re legally distinct offenses with their own elements.
Texas law also recognizes that consent isn’t valid when specific authority figures, including a public servant, a mental health or health care provider, or a member of the clergy, exploit someone’s emotional dependency on them to obtain sexual contact, under Texas Penal Code Section 22.011(b)(8) through (10).
Knowing the difference between sexual coercion and sexual assault in Texas can help add clarity to your claim, and a consultation with Crowe Arnold & Majors, LLP, can help you weigh your legal options.
Criminal Penalties for Sexual Coercion in Texas
Sexual coercion is a state jail felony in Texas, punishable by 180 days to 2 years in a state jail. If a defendant has a prior conviction for sexual coercion, the offense is elevated to a third-degree felony, punishable by 2 to 10 years in prison. In some cases, defendants with certain prior felony convictions may face enhanced sentences of up to 20 years under Texas’s repeat-offender laws.
Your Civil Rights as a Survivor of Sexual Coercion
A criminal case isn’t the only path forward. Survivors of sexual coercion can pursue a civil claim against the individual who threatened them, an employer or institution that enabled or ignored the abuse, or both, whether or not prosecutors ever file charges.
Under Texas Civil Practice and Remedies Code § 16.0045(b), adult survivors generally have two years from the incident to file a civil claim. This period extends to five years if the coercion also involved sexual assault, aggravated sexual assault, trafficking, or compelling prostitution. Survivors of childhood sexual abuse have 30 years from their 18th birthday to file a claim under § 16.0045(a).
If you’re not sure what to do, it helps to talk through what to do if you were pressured into sex with someone who can discuss your situation without judgment. Compassionate, experienced attorneys at Crowe, Arnold & Majors are ready to help.
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What Damages Can You Recover in a Texas Civil Lawsuit?
Survivors who bring a civil claim for sexual coercion may be able to recover compensation for:
- Medical and mental health treatment costs. This covers therapy, counseling, psychiatric care, medication, and any other treatment connected to the abuse, both what you’ve already paid and what you’ll need going forward.
- Lost income. If the coercion or its aftermath kept you out of work, whether from missed shifts, a leave of absence, or having to leave a job entirely, you may be able to recover the wages you lost.
- Pain and suffering. This is compensation for the physical and emotional toll the abuse caused: fear, anxiety, humiliation, and the lasting distress that doesn’t show up on a medical bill but is just as real.
- Diminished quality of life. This covers the ways the abuse changed your day-to-day life, damaged relationships, disrupted sleep, or made ordinary activities harder than they used to be.
- Exemplary damages in especially egregious cases. These are additional damages a jury can award to punish the wrongdoer, not just compensate you, when the conduct involved fraud, malice, or gross negligence. This isn’t automatic in every case; it depends on how severe and deliberate the conduct was.
The process for filing a sexual coercion claim in Texas starts with a conversation about what happened and what evidence still exists, not with a courtroom.
“People often assume that if something doesn’t rise to the level of a criminal sexual assault charge, they have no legal options. That’s not true under Texas law. Sexual misconduct and sexual assault can both support a civil claim, and survivors deserve to understand which path applies to them”
–Crowe Arnold & Majors, LLP
Why You Should Speak With an Attorney
You don’t need proof, a plan, or the right words before you reach out. Evidence and legal deadlines are time-sensitive, which is why an early conversation with an attorney matters, even if you’re still working out whether what you experienced qualifies as sexual coercion.
At Crowe Arnold & Majors, our attorneys begin with a review of your case and explain your legal options. If you decide to move forward, we investigate the facts, identify the liable parties, and work to preserve the evidence that supports your case. There is no pressure or obligation to move forward after the initial consultation.
We have recovered hundreds of millions of dollars for our clients, and we take sexual coercion cases on contingency, so you owe nothing unless we win your case. If you are looking for a Dallas attorney who will fight for your rights, we are ready to help.
Schedule a Free Confidential Consultation Today
If you experienced sexual coercion, schedule a free confidential consultation with Crowe Arnold & Majors, LLP. A coerced yes is not legal consent, and you deserve an attorney who will treat it that way.
