Accused of Sexual Assault in Texas? Here's What to Expect

If you have been accused of sexual assault in Texas, it is important to understand the legal process and what to expect. Sexual assault is a serious crime that can have lifelong consequences, including prison time and sex offender registration. If you are facing sexual assault charges, you need an experienced criminal defense lawyer who can protect your rights and fight for a favorable outcome.

• What is Sexual Assault in Texas?
• Sexual assault
• Aggravated sexual assault
• Penalties for Sexual Assault in Texas
• False Accusations of Sexual Assault in Texas
• Statute of limitations for Sexual Assault in Texas
• Defenses to Sexual Assault Charges in Texas
• The Sexual Assault Charges Process in Texas
• Conclusion

In Texas, sexual assault is defined as any intentional or knowing sexual contact with another person without that person's consent. Sexual assault can occur even if there was no physical force used and even if the victim did not resist. Sexual assault includes rape, child molestation, sexual abuse, and indecency with a child.

Also read: 10 Surprising Things That Could Make You A Sex Offender

In these cases, any kind of sexual contact is considered sexual assault if it is done without the victim's consent. This can include:

• Unwanted sexual touching
• Fondling or unwanted sexual arousal
• Forced or non consensual penetration
• Sexual harassment
• Indecent assault
• Unwanted oral sex
• Any sexual manner touching

It can also include forcing someone to take part in sexual activity against their will, such as prostitution or creating sexual images (including child pornography).

In Texas, there are two types of sexual assault: aggravated sexual assault and sexual assault.

In Texas, sexual assault is the nearest thing to rape that the state legislature has identified. Sexual assault refers to any non-consensual sexual contact, which can include anything from unwanted touching to penetration. The penalties for sexual assault are very serious, and the stakes are high.

The term "sexual assault", non-consensual sexual activity or forced sexual intercourse can be anything that is done without the other person's consent or that is done by force, threat of force, or intimidation. Intimidation can include using a position of power or authority over the other person. This can be against one or more than one person.

Also, this includes if the victim:



• Is unconscious or physically unable to resist
• Is a child younger than 17 years old
• Has a mental disability that prevents them from consenting
• Is intoxicated (drunk, drugged, etc)

The penalties for sexual assault in Texas depend on the age of the victim that experienced sexual assault, and the severity of the crime.

This refers to any sexual act that includes any of the following aggravating factors:



• The use or exhibition of a deadly weapon during the crime
• The use or exhibition of force that results in serious bodily injury to the victim
• The victim is younger than 14 years old (child sexual abuse)
• The offender is HIV positive and knew it at the time of the crime
• The offender is a public servant, such as a police officer, teacher, or doctor
• The victim is elderly or disabled
• The offender committed the crime during a burglary, kidnapping, or robbery

The penalties for aggravated sexual assault are much harsher than for sexual assault. If there are no reasonable grounds or the victim (or victims) are physically helpless, then the penalties are even more severe. If convicted of aggravated sexual assault, you could be facing a lifetime in prison.

The penalties for sexual assault in Texas are severe. If convicted of sexual assault, you'll be facing a second-degree felony, which is punishable by 2-20 years in prison and a fine of up to $10,000.

In case of aggravated sexual assault in Texas, you'll be facing a first-degree felony, which is punishable by 5-99 years or life in prison, and a fine up to $10,000. As well, you might be incarcerated in a state jail facility.

If you are convicted of either crime, you will be required to register as a sex offender. This means that your name and address will be included in a public database that can be accessed by anyone. Being on the sex offender registry can make it difficult to find a job or housing, as well as damage your reputation. 

You might be interested: What to Do If You Have Been Charged with a Federal Crime: A Guide

Although it is possible to be wrongfully accused of sexual assault, it does happen very often. If someone alleges that they have been sexually assaulted it is important to know that the justice system takes these cases very seriously. Once an accusation has been made, the police will likely get involved and you could be arrested and charged with a crime, even if there is no initial evidence to support the claim.

If you have been wrongfully accused of sex offenses, sexual violence or any kind of sexual intrusion, you can be facing lifelong consequences. It is important to contact an experienced criminal defense attorney as soon as possible to help you navigate the criminal justice system and protect your rights.

Hiring a criminal defense lawyer that helps you understand the charges against you, builds a defense and fights for your rights can make all the difference in the outcome of your case.

This is the amount of time you have to file a lawsuit after an injury. In Texas, the statute of limitations for sexual assault is 2 years from the date the crime was discovered.

For child abuse, there is no limit on when the victim can bring charges against their abuser, since there is no Statute of Limitations for child sexual abuse in Texas.

The same applies for adult sexual abuse, but only under certain circumstances. The Texas legislature lifted the statute of limitations for Sexual Assault cases in 2019, whereupon biological matter was collected but hadn't been DNA tested yet.

This means that if someone was sexually assaulted, but the evidence wasn't DNA tested until years later, they may still be able to bring charges against the abuser, no matter how much time has passed. Furthermore, if the state argues that DNA evidence was gathered during the inquiry but no possible perpetrator is found with correlating DNA, if the DNA has not yet been put through DNA testing or if it is probable that you committed a similar criminal offense against five victims or more.

In Texas, all other sorts of sexual assault have a ten-year statute of limitations.

If you have been accused of sexual assault, it is important to understand that there are defenses available. Some common defenses to sexual assault charges include:

• Mistaken identity
• False accusations
• Legally consent

If you have been already convicted and registered as a sex offender, you may be eligible for removal from the Texas Sex Offender Registry, but this only applies for some specific cases, and is not always possible.

If you have been accused of sexual assault, the first thing you need to do is contact a criminal defense attorney who specializes in sexual assault cases. Your attorney will review the facts of your case and advise you on the best course of action.

If the police have not already done so, they will likely contact you to ask questions about the alleged incident. It is imperative that you speak to an attorney before giving any statements to the police as anything you say can be used against you in court.

Once the police have gathered enough evidence, they will submit their findings to the District Attorney's Office who will then decide whether or not to file charges. If charges are filed, you will be given a court date and will be required to appear in court.

At this point, it is still possible to reach a plea agreement with the District Attorney's Office. A plea agreement is when both parties agree to certain terms and conditions outside of court. If a plea agreement cannot be reached, your case will go to trial. 

In Texas, just like in other states, the burden of proof is on the prosecution to prove that you are guilty beyond a reasonable doubt. This is a high standard and if the jury has any doubt that you are guilty, they must find you not guilty.

If you have been accused of sexual assault in Texas, it is important to contact an experienced criminal defense lawyer as soon as possible. An experienced lawyer will be able to protect your rights and fight for a favorable outcome.

Sexual assault is a serious crime with severe penalties in Texas. If you have been accused of sexual assault, it is important to understand the legal process and what to expect. An experienced criminal defense lawyer can protect your rights and fight for a favorable outcome.

At The Law Office of Rolando Cantu, we have extensive experience handling sexual assault cases in Texas. We will thoroughly review your case and advise you on the best course of action. We will fight for a favorable outcome. We are committed to providing the best legal advice and defense Contact us today to schedule a consultation.