The criminal justice system in Texas has zero-tolerance for any type of sexual offense. A conviction in a sexual assault crime in Texas could derail you forever from the normal course of your life. You could face imprisonment, stiff fines, and get your name registered as a sex offender, apart from potentially losing your job and reputation.
If you are faced with this challenging situation, your immediate focus should be on choosing the most competent Houston sexual assault attorney to protect your rights.
Sex Offenses in Texas
The following acts are treated as sex crimes under the Texas Penal Code:
- Rape and sexual assault
- Prostitution or promoting prostitution
- Unlawful promotion or disclosure of sexual material
- Invasive visual record
- Indecent exposure
- Public lewdness
- Child sex crimes (including a child’s continuous sex abuse, sexual assault, statutory rape, aggravated kidnapping, child prostitution, sex trafficking, sexual messaging, sexual performance by the child)
- Possession/distribution of child porn
- Online solicitation of minors
- Indecency with a child by way of contact or exposure
- Improper relationship between a student and teacher
A vast majority of sexual crimes in Texas will be treated as felonies. A conviction may result in severe penalties, including jail time of multiple years. Sex crime sentencing in the state will vary according to the case, and you should have a competent Houston sexual assault lawyer by your side to fight the government’s charges.
Sexual Assault in Texas – Legal Elements
Under Texas law, a sexual assault is said to occur without the consent of the victim or if there was a threat to obtain the victim’s participation or submission in the act. Consent will also be considered as lacking if the victim is unable to physically resist or recognize the nature of the act being carried out.
If the defendant is in charge of the victim’s care or has a position of power over the victim, consent will be considered to be lacking. These situations may include where the defendant is a public servant, medical care provider, clergyman, or worker at a facility where the victim is residing.
If you are facing the charges of sexual assault in Texas, you should hire a knowledgeable Houston criminal defense attorney who will formulate a solid defense strategy in accordance with the facts of your case.
Aggravated Sexual Assault in Texas
If as part of the sexual assault, any of the following has occurred, the defendant may be charged with an aggravated sexual assault:
- The defendant’s action resulted in serious bodily harm to the victim or posed a risk of the victim’s death.
- The defendant’s action caused the victim to fear death, bodily harm, or kidnapping for themselves or another individual.
- The defendant exhibited or used a deadly weapon during the assault.
- The crime was committed by the defendant, along with another individual.
- A date rape drug was used to make it easier to commit the assault.
- The victim is up to 13 years of age.
- The victim is disabled or elderly.
Call Flood-Lewis & Associates If You’ve Been Accused of Sexual Assault
An arrest doesn’t mean you’re guilty. Your case can be fought, and it can be won. Flood-Lewis & Associates has a team of dedicated criminal defense attorneys that will fight tooth and nail for victory on your behalf. Call our team 24/7, 365 at 713-224-5529 for a free case review or contact us online to request a free consultation with one of our attorneys.