Rucker v. State

In Rucker v. State, 599 S.W.2d 581 (Tex. Crim. App. 1979), the Court held that an attacker who beat his victim after he raped her did not commit an aggravated rape because there was no evidence that a threat of serious bodily injury or death had been used to compel her submission. Rucker, 599 S.W.2d at 582. By 1983, the Legislature had made substantial changes to the rape statutes. First, it combined sexual abuse and rape into one statute, and both were treated uniformly. Act of May 29, 1983, 68th Leg., R.S., ch. 977, 3, 1983 Tex. Gen. Laws 5311-5321. The same was done with the aggravated rape and aggravated sexual abuse statutes. Ibid. The titles of the statutes were changed to sexual assault and aggravated sexual assault, and moved to Chapter 22 with the other assaultive offenses. Ibid. The nature of the threats used to compel submission was amended to permit conviction if the defendant either used force to compel the victim to submit or threatened to use force or violence against the victim and the victim believed the defendant had the present ability to carry out the threat. Ibid. Other changes include making the language gender neutral and extending the period of limitations from three to five years. Ibid.