Sex Crimes

Texas Sexual Assault Laws Breaking Down the Statutes

Facing accusations or dealing with the aftermath of sexual assault can be an overwhelming experience. In Texas, the laws surrounding sexual assault are complex, but it is crucial to understand them in order to navigate the legal system. Whether you are someone who has been accused or a victim of this crime, knowing your rights and the details of Texas sexual assault laws can help you take the right steps. This page will break down the key aspects of Texas sexual assault statutes, providing you with the information you need to make informed decisions.

Understanding Sexual Assault in Texas

Sexual assault is a serious criminal offense in Texas. It involves an individual intentionally or knowingly engaging in sexual acts with another person without their consent. The law is clear on what constitutes sexual assault, and it is considered a felony under Texas law. The act itself can be physical or verbal, and the victim’s lack of consent is central to the crime. Consent is a voluntary agreement to engage in sexual activity, and it must be given freely, without coercion, force, or manipulation. In Texas, a person can be charged with sexual assault even if there is no physical injury to the victim. The lack of consent is the critical element, and this means that the law applies whether the victim was physically harmed or not. It is important to recognize that consent can be withdrawn at any time during an encounter, and if that happens, the sexual act must cease immediately.

The Legal Definition of Sexual Assault in Texas

The Texas Penal Code outlines the specific criteria that must be met for an individual to be charged with sexual assault. In Section 22.011 of the Penal Code, sexual assault is defined as an individual knowingly or intentionally engaging in sexual intercourse, oral sex, or other sexual acts with another person without their consent. The law makes it clear that consent is a crucial factor, and a lack of consent is enough to charge someone with sexual assault. In addition to the lack of consent, there are several circumstances under which sexual assault can occur. For instance, if the victim is underage, intoxicated, or mentally incapacitated, the law presumes that they cannot consent to sexual activity. In such cases, the person engaging in the sexual act can be charged with sexual assault, regardless of whether the victim actively resisted or not.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

The Penalties for Sexual Assault in Texas

Sexual assault in Texas is a felony, and the penalties for being convicted can be severe. The punishment for a conviction of sexual assault can vary depending on the specifics of the case, but it generally involves a lengthy prison sentence. In most cases, sexual assault is classified as a second-degree felony. This means that if a person is convicted, they could face between 2 and 20 years in prison and a fine of up to $10,000. If the victim of sexual assault is a child or if the perpetrator has a prior history of sexual offenses, the penalties may be more severe. In such cases, the individual may face a first-degree felony charge, which carries a punishment of 5 to 99 years in prison or life imprisonment. In addition to prison time, those convicted of sexual assault may also be required to register as sex offenders, which can have long-lasting consequences on their personal and professional lives.

Aggravating Factors in Sexual Assault Cases

Certain factors can make a sexual assault case more serious under Texas law. These aggravating factors can result in harsher penalties if the defendant is convicted. Some of the most common aggravating factors include the use of a weapon during the assault, the infliction of bodily harm on the victim, or the assault occurring in the presence of other individuals. These circumstances can elevate the charges and lead to increased sentences. One of the most significant aggravating factors in a sexual assault case is if the victim is a child. In Texas, any sexual act involving a person under the age of 17 is considered a serious offense, and the penalties for such offenses can be much more severe. If the defendant has a history of committing sexual offenses or has been convicted of other serious crimes, this can also result in an enhanced sentence.

Defenses to Sexual Assault Charges in Texas

Accusations of sexual assault can be life-altering, and those facing charges may look for ways to defend themselves. Texas law provides several potential defenses to sexual assault charges. One of the most common defenses is that the act was consensual. In such cases, the defense will argue that the victim agreed to engage in sexual activity, and therefore, there was no crime committed. However, it is important to understand that proving consent can be difficult, and the burden of proof falls on the defendant. Another potential defense is that the defendant was falsely accused of sexual assault. In some cases, people are wrongfully accused of this crime due to misunderstandings, personal conflicts, or other motives. False accusations can have devastating effects on the accused, and proving the innocence of someone facing such allegations requires a thorough investigation and legal representation. In some cases, the defense may also argue that the defendant was mentally incapacitated or intoxicated at the time of the offense, making it impossible for them to form the necessary intent to commit the crime. This defense is typically used when the defendant claims they were unaware of the victim’s lack of consent due to being under the influence of drugs or alcohol.

What to Do if You Are a Victim of Sexual Assault in Texas

If you are a victim of sexual assault in Texas, it is important to take immediate steps to protect yourself and preserve evidence. First and foremost, seek medical attention if needed. A medical professional can treat any injuries and collect important evidence that may be used in the investigation. If you are able, try to avoid showering or changing clothes before seeking medical attention, as this can help preserve evidence of the assault. Once you have received medical care, it is important to report the assault to law enforcement as soon as possible. In Texas, sexual assault is a serious crime, and the authorities take these cases very seriously. By reporting the assault, you can help ensure that the perpetrator is held accountable and that justice is served. Additionally, reaching out to a support network of friends, family, or a counselor can provide emotional support during this difficult time. There are also many victim support organizations in Texas that offer services to individuals affected by sexual assault.

How Wilder Law Firm Can Help

If you are facing charges of sexual assault or are a victim of this crime, understanding Texas sexual assault laws is critical. Whether you are seeking justice or trying to defend yourself against allegations, having experienced legal representation can make all the difference. Wilder Law Firm is here to help. Our team of dedicated legal professionals is committed to providing the support and guidance you need during this challenging time. Don’t navigate this complex legal process alone. Contact Wilder Law Firm today to learn more about your rights and options moving forward.

To learn more about this subject click here: Key Evidence in Defending a Sexual Assault Charge in Texas