The key evidence in the 2005 sexual assault case of an Ennis gastroenterologist was appalling, Ellis County prosecutors say.

But despite finding Dr. Aniruddha Ashok Chitale's semen on the face of one of his female patients, the district attorney's office says, it decided against taking the case to trial, in part because the evidence did not meet the state's definition of sexual assault.

"Those were obviously horrifying facts, but they still do not specifically allege penetration of her mouth or an organ, which was required for sexual assault under any circumstance," said Assistant District Attorney Patrick Wilson, who handled the case. "We would have had to ask the jury to connect those dots."

A bill filed this week by Waxahachie state Rep. Jim Pitts could permanently connect those dots by creating a new offense of assault with bodily fluids.

Current Texas law requires evidence of penetration for a felony sexual assault conviction. In the Ennis case, Dr. Chitale's semen was found on the patient's face, but there was no evidence that the doctor penetrated his victim. He pleaded guilty to two counts of sexual assault and misdemeanor charges of indecent exposure and public lewdness.

Mr. Pitts' proposal addresses offenses committed with the blood, semen, vaginal fluid, saliva, urine or feces of either the actor or another person or animal.

Under the bill, if the assault is committed with the intent to arouse or gratify the sexual desire of any person, the penalty is a third-degree felony, punishable by up to 10 years in prison, and the perpetrator must register as a sex offender. If the assault is committed with the intent to assault, harass or alarm the victim, the penalty is a Class A misdemeanor, punishable by up to one year in the county jail.

"The specific intent was to solve the problem that the doctor caused," Mr. Pitts said, referring to Dr. Chitale's case. "To help the district attorney prosecute someone that did something like the doctor."

If a third- or second-degree felony is committed by a law enforcement officer, corrections officer or any of a variety of health care providers, the crime could be elevated to a higher category of offense.

"It envisions victims who are particularly vulnerable to that authority figure, be they a health care provider or law enforcement figure," said Mr. Wilson, who helped draft the legislation.

The proposal comes on the heels of the Texas House's approval of its version of "Jessica's Law," which includes death sentences for habitual child predators. Mr. Pitts' bill includes harsher penalties if the victim is a child.

Keith Hampton, secretary for the Texas Criminal Defense Lawyers Association, said one potential problem with the bill is that someone who spits on another person might be charged with a Class A misdemeanor. But he acknowledged that the wording of the proposal goes a long way to address that concern.

"There's really no legal objection to it because he's tied it to specific intent," Mr. Hampton said, adding that he believes the bill will face little opposition in the House.

Dr. Chitale, 40, pleaded guilty in May 2005 to sexually assaulting Sherri Simpson and another female patient the previous year. He also pleaded guilty to misdemeanor charges of indecent exposure and public lewdness related to medical procedures on two other women. All of his victims were sedated for procedures at Ennis Regional Medical Center.

The Dallas Morning News generally does not identify victims of sexual assault. Mrs. Simpson, the victim in the only criminal case against the doctor that included DNA evidence, agreed to be identified.

Under the plea agreement, the doctor was sentenced to six months in the county jail and 10 years' probation, a punishment Mrs. Simpson said was far too lenient.

To prosecutors, the deal – which also stripped Dr. Chitale of his Texas medical license and requires him to register as a sex offender – was perhaps the only way to ensure the doctor didn't walk away with a lesser punishment, or none at all.

Prosecutors said they were confident a jury would have convicted Dr. Chitale of sexual assault based on the horrifying nature of the evidence in Mrs. Simpson's case. But such a verdict could have been overturned on appeal, they said. The fact that Mrs. Simpson was sedated could have cast further doubt, prosecutors and other experts said.

"It seems to me even if you didn't have the fact problems with the witness being under anesthesia or things like that, the conduct that occurred still doesn't fit neatly within our definition of sexual assault," said Shannon Edmonds, director of governmental affairs for the Texas District and County Attorneys Association.

Twelve women, including Mrs. Simpson, are part of a pending lawsuit against Dr. Chitale, Ennis Regional and the doctor's employer, Digestive Health Associates. The hospital has settled with some of the women.

Ennis Regional CEO Bernard Sweet and chief nursing officer Jennifer Humpal resigned in October after The News reported that Dr. Chitale practiced for at least two years after patients and nurses first accused him of misconduct.

Mrs. Simpson said she supports the Pitts measure and is prepared to testify in Austin if needed.

"I'm happy that anything good comes out of this," she said.

The fact that health care providers could face severe penalties, she said, is particularly important.

"Maybe it will be a greater deterrent," Mrs. Simpson said. "But if anything, if it does happen, it's going to put the person behind bars, which is what as a victim helps you to heal."