Facing an allegation or charge for a sex crime in Texas can change your life forever. You are at risk for ending your professional career and face the potential of going to prison. The biggest mistake you can make when a sex crime allegation is made against you is to talk to your accuser, their family, or the police in an attempt to “clear things up.” Now is the time to hire an experienced lawyer to help fight for you during this overwhelming time.
When you hire The Wilder Law Firm, you are hiring a skilled team that has more than 25 years of experience with a winning record. We are tenacious, detail oriented, and fight for those who have trusted us with their future. My job, as your lawyer, is to establish the most effective defense for you, given the facts of your case. I will ensure everything is done to most effectively defend you. Call us at 469-551-8609 for immediate help.
Common Sex Crimes
There are many types of sexual allegations that can be made against a person. Here we give a brief overview of some of the more common allegations we defend. To learn more, please click on the link(s) below.
There are three main situations in which sexual assault may occur. First, when a person knowingly or intentionally penetrates a sexual organ of another person without their consent. Second, when a person knowingly or intentionally uses their sexual organ to penetrate another person’s mouth without their consent. Third, when a person knowingly or intentionally comes into contact with or penetrates a person’s anus, sexual organ, or mouth with their sexual organ without the other party’s consent. You can learn more on the sexual assault page of this site.
Sexual Assault of a Child (Statutory Rape)
An adult having sex with a minor is a situation commonly known as Statutory Rape (Sexual Assault of a Child). In Texas, an 18 or 19 year old can legally have sex with a person who is under 17 years of age in limited circumstances. If you are 20 years of age or older, you cannot legally have sex with a minor, even if the minor consents to the sexual activity. Learn more on our sexual assault of a child page.
Indecency with a Child
This offense occurs when an adult has sexual contact with a child. Contact can be as simple as just touching, and penetration is not required. Sexual contact, penalties, and other issues surrounding indecency with a child are detailed on our indecency with a child page.
Possession of Child Pornography
It is illegal for someone to create, own, use, distribute, sell, or promote visual images of those under 18 years of age engaged in sexual activities. I discuss this offense and the potential penalties more on the child pornography page in this section.
Online Solicitation of a Minor
Knowingly communicating with a minor (anyone under the age of 17) through internet/electronic means in a sexual way, or sharing sexually explicit material through the internet, could result in an online solicitation of a minor charge. Knowingly soliciting a minor to meet up and engage in sexual activities could also result in an online solicitation of a minor charge. We have more information on our online solicitation of a minor page.
If you face a sex crime involving a minor charge in Texas, you may be subject to an investigation by Child Protective Services (CPS). Please visit the CPS investigations page to learn more about how to protect your rights.
Exposing yourself with the intention of engaging in sexual contact or arousing another person in a place where a third party might be offended or alarmed by the act is considered indecent exposure in Texas. Have questions about indecent exposure? Get them answered on our indecent exposure page.
Prostitution occurs when a person offers, agrees, or actually engages in sexual conduct in exchange for money/valuable items. There are other crimes associated with prostitution including solicitation of prostitution, promotion of prostitution, aggravated promotion of prostitution, and compelling prostitution. I discuss all of these crimes on our prostitution page.
Revenge Porn and Improper Photography or Visual Recording
Revenge porn is a sex crime in the state of Texas! If you post a sexually explicit visual of a person without that person’s consent with the intention of embarrassing them, you could face a revenge porn charge. Learn more about revenge porn in this section. A similar crime is improper photography. Photographing, recording, or transmitting images of someone in a changing room or bathroom could result in an improper photography charge. The same goes for photographing, recording, or transmitting images of someone’s intimate parts, if that person believed that the public would not see the image. Visit the improper photography page of this site for more information.
Failure to Register as a Sex Offender
Consequences for sex crimes are serious, and you should not take them lightly. You may have to register for the sex offender list in Texas if convicted of a sex crime. Failure to register for the sex offender list can have serious consequences, which you can learn about on our page devoted to this issue by clicking the link.
Our Top Priority is Protecting Your Future
When you are charged with a sex crime, you need my firm on your side – to get all the facts straight and tell your side of the story so we can best defend you. Your freedom, reputation, and livelihood are on the line. From the onset, we will make sure you know what needs to be done and ensure that your rights are protected. We will set your expectations as we prepare you for the road ahead. When you put The Wilder Law Firm in your corner, you will know what needs to be done to develop the most effective defense to protect you and your future. Call us now at 469-551-8609 so we can start defending you today.
Common Questions About Texas Sex Crime Laws
Is sexual assault a federal crime?
As with other crimes, sex crimes charges can be based on state or federal law. Law enforcement professionals will process sex crime charges in the jurisdiction in which the crime took place. If a sex crime occurs in Texas, Texas prosecutors will bring charges. However, some sex crimes are considered state and federal violations. Sex crime cases can be tried in state and federal courts at the same time, which the Supreme Court has ruled does not constitute double jeopardy.
Federal courts have more power than state boards when laws overlap. For example, federal courts can decide which cases they would like to try, but they do not always choose to investigate and prosecute a crime over which they have jurisdiction. When they have the opportunity, Federal prosecutors are more likely to take on sex crime cases that involve an activity that crosses state lines, including the use of the internet or sex trafficking.
Federal prosecutors also like to take cases that affect minors. In many cases, federal sex crimes will be prosecuted in conjunction with other types of federal charges, such as drug trafficking, kidnapping, and terror threats. Sex-related crimes that the federal courts typically process include the following:
- Buying or selling of children and sexual exploitation of minors
- Child pornography, including possession and distribution
- Aggravated sexual abuse or aggravated rape
- Online solicitation of a minor, especially when conducted across state lines
- Transportation of individuals, including minors, between states or to another country with the intent of engaging in criminal sexual activity
Investigating and trying a sex crime cases in federal court can be more complicated than in a Texas court. The FBI and DEA commonly participate in federal cases and can engage in long investigations before bringing federal charges. If you suspect that federal agents are investigating you, or you have already been charged with a federal sex crime, it is crucial that you hire a criminal defense lawyer with experience in federal court as soon as possible.
If I am falsely accused of sexual assault, how can I prove my innocence?
Being accused of sexual assault in Texas is a serious matter. While many rape cases are based on incidents that happened, sometimes people bring false rape or sexual assault charges. A spouse might accuse another spouse of rape to gain an advantage in a divorce or legal custody matter. Alternatively, the alleged victim may accuse someone of rape, seeking revenge for an unrelated matter. If you have been falsely accused of sexual assault in Texas, you can take the following steps to try to protect yourself:
- Hire a criminal defense lawyer as soon as possible
- Do not make contact with the alleged victim or their family
- Do not discuss the case with anyone except your attorney
- Do not mention the case on any social media website, and text messages, or emails
- Document all of the aspects of your case
It is essential to keep track of any records of the event you have after being falsely accused of rape. For example, if you have any text messages you exchanged with the alleged victim, you should record them so that your defense lawyer can review them. The same goes for any emails, phone calls, or social media interactions between yourself and the alleged victim. Most sexual assault cases come down to the issue of consent. Suppose your defense lawyer can introduce evidence showing that the alleged victim consented to the sexual activity in question. In that case, the prosecutor will not be able to prove the elements of sexual assault, and you will not be convicted.
For that reason, you must record any conversations between you and the alleged victim. Anytime there is a false accusation of rape, the defendant will suffer intense scrutiny from the media, friends, family members, and even employers. Your lawyer can work with you to establish your alibi with evidence. Is there security camera footage or ATM receipts proving that you are not in the area of the alleged incident? Are there eyewitness accounts that can help you establish that you could not have engaged in a sexual assault? Finding evidence that proves you were not there can be crucial to proving your innocence.