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One crime Texas isn’t so tuff on

And that’s sexual assault, in the category of crimes Deshaun Watson has been accused of.

As the Houston Police Department investigates at least one criminal complaint against Deshaun Watson, a review of the allegations made in civil court against the Texans quarterback show officials could be limited to pursuing misdemeanor charges for all but a few serious accusations.

More than half of the 23 women who sued Watson say he made sexual contact without their consent. In Texas, that’s a misdemeanor in criminal court, on par with burglary of a vehicle or property theft between $750 and $2,500.

Three plaintiffs allege that Watson either forced or coerced fellatio — a second degree felony punishable by two to 20 years in prison and a fine of up to $10,000.

[…]

Texas lags behind some states in punishing offenders in cases of sexual assault that don’t rise to the level of rape. The Houston Chronicle analyzed a database of sex crimes laws across all 50 states compiled by the Rape, Abuse and Incest National Network. It found that unwanted sexual contact described in more than half the lawsuits — where there is no penetration involved — is a felony in a dozen of them, but not in Texas.

Experts say classifying what Watson is accused of doing as misdemeanor indecent assault minimizes the seriousness of such crimes and discourages victims from coming forward.

“The gravity of indecent assault or indecent acts can vary so substantially,” said Geoffrey S. Corn, South Texas College of Law Houston’s Gary A. Kuiper Distinguished Professor of National Security Law. “Compelling someone to touch your genitals or touching them with your genitals is a much more aggravated crime” than grabbing someone’s buttocks.

[…]

Other states impose harsher punishments than Texas. In Utah, for example, forcible sex abuse — touching a person’s anus, buttock, pubic area or any part of someone’s genitals, or touches a female’s breasts — is a second-degree felony punishable by one to 15 years in prison.

Alaska classifies non-consensual sexual contact as sexual assault in the second degree, a class B felony. It’s punishable by up to 10 years in prison and a $100,000 fine.

But in Texas, the same crime is only a class A misdemeanor. At most, a person found guilty of indecent assault would receive a year in jail and be fined $4,000.

Corn said each offense could be punished separately. But still, “treating it conclusively as a misdemeanor is troubling,” Corn said.

I should note that the penalties cited in this story are the maximum for the given crime. Most likely, an offender who was convicted or accepted a plea for them would get a lesser sentence. I’ve learned enough over the years to be very skeptical of aggressive punishments for most crimes, as they seldom have any positive effect on the frequency with which those crimes are committed, and of course because of the great racial disparities in our criminal justice system. That doesn’t mean Texas has the right idea with its punishments for these non-rape sex crimes. If anything, it tells us more about the state’s attitude towards this kind of crime. (*) There are a lot of reasons why people (mostly but not entirely women) are reluctant to come forward when they are victimized in this fashion, but the prospect of seeing their attacker get off with a light sentence even in the best case scenario is surely one of them.

(*) – Compare, for example, to the multi-year prison sentence Crystal Mason got for voting when she wasn’t eligible. If her conviction is upheld by the Court of Criminal Appeals, she would serve more time than Deshaun Watson would if he were convicted under most of the charges levied against him.

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