Sexual assault, commonly referred to as rape, is a felony that will bring very serious consequences and penalties in Texas. Some other sexual offenses are less serious. If you have been accused of a sexual crime, you need to contact a Texas criminal defense attorney as soon as possible.
Call the Texas sex crime lawyers at Rush & Gransee to determine what you need to do to protect your rights. Early intervention by a criminal defense attorney can mean the difference between a long prison sentence and your freedom. You have rights and they need to be aggressively defended.
Contact us as soon as possible to aggressively fight the charges against you. Call us at 210-223-9200 or toll free at 888-501-9299.Proactive and Aggressive Defense Against Accusations of Sexual Assault
If you are contacted by an investigator or police officer who wants to take your statement, you should ask him or her what the purpose of the investigation or interview is. Upon learning why the officer wants to talk to you, tell the investigator that you are undecided and need to talk to a lawyer first. Tell the officer you will call him or her back. Immediately contact a Texas sexual assault defense attorney to discuss your rights and options. Do not talk to the investigator or officer without first talking to a criminal defense attorney. A criminal defense attorney should be able to describe your options and what action should be taken to protect you or other family members.
There are 11 factual scenarios listed in the Texas Penal Code where any consent obtained is not valid. There are various people who cannot legally consent and sexual contact with them is criminal. As an example, a mental health provider cannot obtain consent from a former patient by exploiting the other person's emotional dependency.
An employee of a primary or secondary school cannot have any sexual contact with a student. This prohibition was enacted in the Texas Penal Code in 2003. This is an absolute prohibition. It obviously was enacted because of the publicity that resulted from the few cases of female teachers having sexual relationships with young male students.
Most sexual assaults described above are second-degree felonies. Second-degree felonies can result in a prison sentence of up to 20 years. Furthermore, a sexual assault conviction will require that you register as a sex offender for the rest of your life.
Aggravated sexual assault is more serious than sexual assault. Sexual assault becomes aggravated sexual assault when additional factors are present. Additional factors can include: causing serious bodily injury; placing a person in fear of death, causing serious bodily injury or kidnapping; exhibiting a deadly weapon; the victim is younger than 14 years; or the victim is disabled or elderly.
If someone is placed on deferred adjudication, regular probation, or sent to prison for a sex assault, they will have to register as a sex offender for the rest of their life. A no-contest plea with a plea bargain for deferred adjudication will still require lifetime registration.
Legislation being discussed may require a minimum sentence of 25 years in prison for a sexual assault conviction.