July 10, 2025

Texas' Summer Willis Act: A New Era for Consent in Sexual Assault Law

Effective September 1, 2025, Texas law is undergoing a significant and crucial change regarding the definition of "consent" in sexual assault cases. Known as the Summer Willis Act (House Bill 3073), this new legislation aims to close critical loopholes that previously left many survivors without legal recourse and to provide greater clarity for prosecutors and courts. If you are involved in a sexual assault case, either as an accuser or accused, understanding this new law is paramount.

Larman Law provides discreet, compassionate, and aggressive defense for clients facing sexual offense allegations in Rockwall County, Dallas County, Kaufman County, Collin County, and Hunt County. Click here to learn more. Keeping current with legislative changes like the Summer Willis Act is vital to offering the most effective legal representation.

What is the Summer Willis Act?

Named after sexual assault survivor and advocate Summer Willis, this legislation directly amends Texas Penal Code Section 22.011(b), which defines when a sexual assault occurs "without the consent of the other person."

Before this act, Texas law contained a list of circumstances where consent was legally absent (e.g., force, threats, unconsciousness). However, a significant gap existed, particularly concerning victims who were intoxicated or impaired. For instance, if a person voluntarily consumed alcohol or was drugged by one individual and then sexually assaulted by another, the previous law often made it extremely difficult to prosecute the assault as a non-consensual act.

The Summer Willis Act addresses this by clarifying that consent is legally absent if the actor knows or reasonably should know that the other person cannot consent because of intoxication or impairment by any substance. This applies regardless of who provided the substance or whether the perpetrator actively caused the intoxication. It shifts the focus to the victim's capacity to consent, not solely on the perpetrator's actions related to their intoxication.

Additionally, the act further clarifies that if a person knows that consent has been withdrawn, they must not persist in the sexual act. This underscores the principle that consent must be ongoing and freely given throughout any sexual encounter.

Why is This New Law Important?

The Summer Willis Act represents a significant step forward in Texas sexual assault law for several reasons:

• Clarity: It provides a clearer legal framework for prosecuting sexual assault cases that previously fell into "gray areas," particularly those involving intoxication or impairment where the perpetrator did not directly cause the impairment.

• Greater Protection for Survivors: It ensures that more survivors, like Summer Willis herself, have a clearer legal path to justice, irrespective of the specific circumstances surrounding their incapacitation.

• Affirmative Definition of Consent: While Texas still relies heavily on defining what is not consent, this act moves towards an understanding that the perpetrator's knowledge of the victim's inability to consent is key.

• Alignment with Modern Understanding: It brings Texas law closer in line with a modern understanding of consent, acknowledging that a person cannot consent if they are incapacitated, and that consent can be withdrawn at any time.

When Does the Summer Willis Act Take Effect?

The Summer Willis Act (HB 3073) was signed into law by Governor Greg Abbott and takes effect on September 1, 2025. It's important to note that the changes made by this Act apply only to offenses committed on or after this effective date. Any offenses committed before September 1, 2025, will be governed by the law in effect at the time the offense occurred.

Implications for Sexual Assault Cases in Texas

For individuals accused of sexual assault, this new law underscores the critical need for robust legal defense. The prosecution may now have additional tools to pursue charges in cases that were previously harder to prove. Understanding the nuances of "reasonable knowledge" regarding intoxication and the implications of withdrawn consent will be central to many defenses.

If you are facing accusations of sexual assault under existing law or have concerns about how the Summer Willis Act might impact your situation, it is paramount to consult with an experienced attorney.

Protecting Your Rights and Future in North Texas

Sexual offense charges are complex and carry severe, life-altering consequences, including the possibility of lengthy prison sentences and mandatory sex offender registration. Navigating these charges requires a deep understanding of Texas law and aggressive advocacy.

Larman Law is dedicated to providing comprehensive and discreet defense for those accused of sexual offenses in Rockwall County, Dallas County, Kaufman County, Collin County, and Hunt County. Jason Larman's experience in criminal law and appeals ensures that he can meticulously examine the evidence, challenge the prosecution's case, and explore every available legal avenue to protect your rights and future.

If you or a loved one is under investigation or has been charged with a sexual offense, especially in light of these new legal developments, do not delay. Contact Larman Law immediately for a confidential and urgent consultation.

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Disclaimer: The blog posts on this website are intended for informational purposes only and do not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and strives to timely update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this post does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.