League City Rape/ Sexual Assault Defense Lawyer
Sexual assault, also known as rape, is a serious criminal offense in Texas. The Texas Penal Code clearly defines several categories of sexual assault, including indecent assault and aggravated sexual assault, each carrying severe legal penalties if convicted. For anyone facing such charges, getting skilled legal help from a knowledgeable and dedicated legal professional is crucial. In the Galveston Bay area, contact John Reed, Attorney at Law, for help from an experienced League City rape/sexual assault defense lawyer who provides strong and effective defense for individuals accused of these crimes.
Sexual Assault in Texas – Penal Code 22.011
Texas Penal Code Section 22.011 defines sexual assault as intentionally or knowingly causing another person to engage in sexual activity without their consent. This can involve the following actions:
- Penetrating the anus or sexual organ of another person without consent
- Penetrating the mouth of another person with a sexual organ without consent
- Causing another person to penetrate the perpetrator’s sexual organ or anus without consent
Lack of consent may occur due to various circumstances, such as force or coercion, the victim’s incapacity to consent (e.g., due to age or mental impairment), or a situation where the victim is unconscious. Texas law is particularly strict about sexual assault involving minors, where consent is not considered valid if the victim is younger than 17 years of age and not married to the accused.
Sexual assault is generally charged as a second-degree felony in Texas. If convicted, penalties include imprisonment for 2 to 20 years, fines up to $10,000, and mandatory sex offender registration.
Indecent Assault – Penal Code 22.012
Indecent assault, as outlined in Texas Penal Code Section 22.012, involves non-consensual sexual contact that does not meet the level of sexual penetration or full sexual assault. Indecent assault can occur when the accused:
- Touches another person’s intimate areas (breasts, genitals, or buttocks) without consent
- Causes someone to touch the accused’s intimate areas without consent
- Exposes or causes another person to expose their intimate areas with the intent to sexually arouse or gratify
This offense does not involve penetration but focuses on unwanted sexual touching or exposure.
Indecent assault is a Class A misdemeanor, which may result in up to 1 year in jail and fines up to $4,000.
Aggravated Sexual Assault – Penal Code 22.021
Aggravated sexual assault, covered under Texas Penal Code Section 22.021, occurs when sexual assault is committed under particularly dangerous or violent circumstances. These aggravating factors may include:
- Use or display of a deadly weapon
- Causing serious bodily injury or threatening to cause such injury
- Administering drugs or intoxicants to the victim without consent
- Committing the assault against a child under 14, an elderly individual, or a disabled person
Aggravated sexual assault can also occur if the perpetrator acts in conjunction with another person during the assault or if the assault causes significant injury to the victim.
Aggravated sexual assault is classified as a first-degree felony in Texas, punishable by imprisonment for 5 to 99 years or life, fines up to $10,000, and mandatory sex offender registration. In cases involving minors, especially if the victim is under the age of six, the minimum sentence may be significantly increased.
Possible Defenses Against Sexual Assault Charges
Defending against a charge of sexual assault, indecent assault, or aggravated sexual assault requires a careful examination of the facts and circumstances. While every case is unique, some common defenses might include:
- Consent: If the accused can prove that the alleged victim consented to the sexual activity, this may be a valid defense. Consent is a complex legal issue, and evidence supporting mutual agreement can play a key role in the defense.
- False Allegations: In some cases, individuals are falsely accused of sexual assault due to ulterior motives such as revenge or child custody disputes. A thorough investigation of the accuser’s background and the circumstances of the case can help expose false allegations.
- Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there is insufficient evidence to demonstrate that the sexual act occurred without consent, the defense can challenge the validity of the charges.
- Mistaken Identity: In cases where the identity of the alleged perpetrator is in question, the defense may argue that the wrong person has been accused.
- Mental Incapacity: If the defendant suffers from a mental condition that renders them incapable of understanding their actions or determining right from wrong, this may serve as a defense to the charges.
Why You Need a Criminal Defense Lawyer
Facing sexual assault charges is an overwhelming and life-altering experience. A conviction can lead to years in prison, hefty fines, and a lifelong requirement to register as a sex offender, which limits personal and professional opportunities. In Texas, you could even be indefinitely committed to a civil commitment facility, even after serving a sentence in prison. Given the severity of the potential consequences, it is critical to seek representation from an experienced criminal defense attorney.
John Reed, Attorney at Law, provides skilled legal defense for individuals in League City facing these charges. With a deep understanding of Texas criminal law, he carefully evaluates each case, seeking every opportunity to build a strong defense strategy tailored to the facts of the case.
If you or someone you know is facing sexual assault charges, contact League City sexual assault attorney John Reed at 281-928-8228 to discuss your legal options and fight for your rights.