Sexual assault is one of the most serious crimes under Texas law. If you have been falsely accused and convicted, you can face harsh penalties that can include prison time, fines and the requirement to register as a sex offender. If you are being investigated for sexual assault in Harris County, you should contact The Gonzalez Law Group as soon as possible. Our attorneys are experienced with defending sexual assault and they will fight to clear your name. We defend clients in the greater Harris County Area that includes Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and numerous others. Call us today at (832) 530-4070 or submit your information in our online form for a free case consultation.
Overview of Sexual Assault in Houston, TX
What is Considered Sexual Assault?
Sexual assault, also known as rape, is defined as intentionally and knowingly committing a number of prohibited sexual activities without the consent of the victim. Under Texas Penal Code 22.011, sexual assault is considered intentionally and knowingly doing the following:
- Penetrating the sexual organ or anus of another person without consent
- Penetrating the mouth with your sexual organ without the person’s consent
- Causing another person’s sexual organs to come into contact or penetrate the sexual organ, anus, or mouth of anyone without their consent.
A sexual assault charge of an adult can be upgraded to aggravated sexual assault under certain conditions that can include:
- The victim suffered serious bodily injury
- The victim was placed in fear of death or serious bodily injury
- The offender used a deadly weapon while committing the crime
- A date rape drug was used
An adult can be charged with sexual assault of a child (statutory rape) if he or she commits any of the above acts on a child who is under 17, regardless of whether or not there was consent. Texas law establishes that a child is not capable of consenting to sexual acts. Statutory rape is broken into several categories: sexual assault, indecency with a child and aggravated sexual assault.
If convicted of sexual assault involving a minor, you could be charged with a second-degree felony and penalties that include at least two years and up to 20 in prison and up to $10,000 in fines.
Indecency with a child involves sexual touching of a minor and is classified as a second-degree felony and entails at least two and up to 20 years in prison and fines up to $10,000.
Aggravated sexual assault of a child involves sexual penetration of a child younger than 14 and is considered a first-degree felony that is punishable by at least five and up to 99 years in prison and up to $10,000 in fines.
The Issue of Consent
One of the main issues in sexual assault cases is the issue of consent. The Texas Penal Code provides a number of provisions that allow prosecutors to prove a lack of consent in numerous ways. Several different ways include:
- The defendant had the victim participate or submit to the sexual act through acts of physical violence or physical force
- Even if no physical force was used, the defendant compelled the victim to participate or submit to the sexual act by threatening the use of violence or physical force.
- The defendant knew the victim did not consent due to unconsciousness or was physically unable to resist, even if no violence or threat was used.
- The victim did not consent and the defendant knew the victim was unaware of the sexual assault taking place, even if no force or threat of force was used.
- The defendant administered any chemical or controlled substance without the victim’s knowledge in order to affect the victim’s power of control or appraise the defendant’s conduct.
If another adult is accusing you of sexual assault but you believe your sexual activity was consensual, contact an experienced sexual assault defense attorney right away.
Possible Penalties for Sexual Assault in Houston, TX
The possible penalties for sexual assault in Texas are some of the harshest of any criminal offense in the state. If convicted of sexual assault, it is considered a second-degree felony and can lead to the following:
- Incarceration in prison for two to 20 years
- A fine up to $10,000
- Mandatory lifelong registration as a sex offender
If you are convicted of aggravated sexual assault, sexual assault of a child, or sexual assault of a dependent or employee, you could face elevated charges. Depending on the specifics of the case the charges can be elevated to a first-degree felony with a possible prison sentence of five to 99 years or life in prison.
Additional Sexual Assault Resources in Houston, TX
Texas Association Against Sexual Assault– The Texas Association Against Sexual Assault is a non-profit organization that is committed to ending sexual violence in Texas through prevention, raising public awareness, and advocacy. TAASA considers itself the voice of the sexual assault movement in Texas.
Texas Penal Code Section 22.011 Sexual Assault– Follow the link to the Texas Constitution and Statutes website and read the full text of the Penal Code regarding sexual assault in the state. The code establishes what is considered sexual assault and consent in Texas.
Lawyer for Sexual Assault in Houston, TX
If you think you have been wrongly accused of sexual assault in the greater Harris County area, you should contact the experienced defense attorneys at The Gonzalez Law Group. Attorneys with The Gonzalez Law Group will fight to prove your innocence and achieve the best possible outcome for your situation.
Call us today at (832) 530-4070 or submit your information in our online form for a free case evaluation. We proudly defend clients in the greater Harris County area including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and numerous others.