Allegations of sexual assault otherwise known as rape can be life-changing. The negative stigma behind the crime could impact your career, educational opportunities and close relationships. You will also be required to face statutory penalties such as expensive fines and incarceration.
Sexual assault allegations in themselves are hard to dispel. If you’re convicted, the crime could still be affecting your life years later. You can, however, decide to fight these charges. If you or someone you know has been charged with sexual assault, it’s important you seek legal representation.
Attorney for Sexual Assault in Houston, Texas
Sexual assault charges can devastate your lifestyle and reputation. It’s important you have a strong defense to fight back these allegations. Find that today with an attorney from Tyler Flood & Associates, Inc.. Our attorneys are skilled in criminal defense. We can do the legal groundwork necessary to help you get your life back.
Don’t wait another moment and contact Tyler Flood & Associates, Inc. today. We can schedule a case consultation to overlook your charges. One of our attorneys can then review the criminal process and all your available legal options. Call us today at (713) 224-5529 to speak to a practiced attorney.
Tyler Flood & Associates, Inc. defends people accused of sex crimes throughout the greater Harris County area including West University Place, Houston, Bellaire and Hunters Creek.
Overview of Sexual Assault in Texas
- What is Sexual Assault in Texas?
- Texas’s Issue of Consent
- Penalties for Sexual Assault
- Aggravated Sexual Assault
- Additional Resources
What is Sexual Assault in Texas?
Rape under Texas law is referred to as sexual assault. It’s when a person intentionally and knowingly commits a prohibited sexual act on another without their consent. Texas Penal Code § 22.011 states you’re committing sexual assault if you:
- Penetrate the anus or sexual organ of another without consent;
- Penetrate another’s mouth with a sexual organ without their consent; or
- Having another person’s sexual organ penetrate or come into any sort of contact with the anus, mouth or sexual organ of another without consent
Texas law states you’re incapable of giving consent until you reach the age of 17. People who have committed assault against a child under 17 years old will be charged with statutory rape. Statutory rape tends to have much harsher penalties than sexual assault between two adults.
Texas’s Issue with Consent
A big component to a sexual assault case is consent. It’s established by Texas law that people under the age of 17 are too young to give consent. Texas Penal Code also states a person cannot give consent if they:
- Were forced into sexual acts by violence, physical force or coercion;
- Had been threatened with violence against them or another person into sexual acts;
- Are unconscious or physically unable to resist and don’t give consent;
- Have a mental disease or defect which causes them to be incapable of resisting or giving legitimate consent;
- Haven’t consented and are unaware that sexual assault is occurring;
- Were impaired by a controlled substance such as roofies;
- Are a patient or former patient of a mental health services or health care provider;
- Were coerced into sexual acts by a clergyman because of their emotional dependency;
- Were coerced by a public servant into sexual acts; or
- Are a resident of a facility and were coerced into sexual acts by an employee
Penalties for Sexual Assault in Texas
Texas doesn’t take sexual assault charges lightly. Sexual assault is a felony-level charge, so there’s a possibility of prison time. In addition, you’ll have to struggle with the label of “felon” after you’re released. It could affect your housing, employment, education or ability to get loans from the federal government.
Sexual assault is a second-degree felony, which is punishable by:
- A possible fine of up to $10,000; and
- Maximum prison sentence of up to 20 years
It’s important to note you could be required to register as a sex offender as a condition to your sentencing. You could be a registered sex offender for years or even for life. Registered sex offenders have a difficult time functioning in society because of the negative stigma. In addition, you might be forced to disclose your status as a sex offender every time you move to a new community.
Aggravated Sexual Assault Penalties in Texas
Aggravating factors could reclassify your crime to the next level of offense. A sexual assault charge could turn into aggravated sexual assault if:
- A date rape drug was involved;
- You used a deadly weapon during the crime;
- The victim suffered from serious bodily injury; or
- The victim had a substantial fear of death or serious bodily injury
Serious bodily injury is when an injury creates a substantial risk of serious permanent disfigurement, death or impairment or loss of a bodily member or organ. A few examples of serious bodily injury include facial disfigurement, amputations or paralysis.
Aggravated sexual assault is a first-degree felony, which is punishable by:
- Minimum prison sentence of 5 years;
- Maximum prison sentence of 99 years or life in prison; and
- A possible fine of up to $10,000
Additional Resources
RAINN – Visit the official website of the Rape, Abuse & Incest National Network (RAINN) to access resources for survivors of rape. Access their site to find resources for victims, ways to get involved and safety and prevention tips.
Texas Sexual Assault Laws – Visit the official website of the Rape, Abuse & Incest National Network (RAINN) to learn more about rape laws in Texas. Access the site to learn sexual assault definitions, the statute of limitations for sexual assault, confidentiality laws and consent.
Lawyer for Sexual Offenses in Houston, Texas
If you have been wrongly accused of sexual assault, it’s imperative you contact an attorney from Tyler Flood & Associates, Inc.. Our attorneys have defended numerous sex crime cases, including sexual assault. Don’t wait another moment to defend your future. Call us at (713) 224-5529 today.
Tyler Flood & Associates, Inc. can overlook your charges with a case consultation. Our attorneys will evaluate the circumstances of your crime to discover your next step. Contact us now to begin creating a strong defense.
We accept clients throughout the greater Harris County area and surrounding communities including Bellaire, Pasadena, River Oaks and Uptown.
This article was last updated on March 11th, 2019.
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