Students and Sexual Assault Charges
Sexual assault occurs more frequently than many people might expect on college campuses, and sexual assault cases can also arise in high school settings. According to statistics from the Rape, Abuse & Incest National Network (RAINN), more than one-quarter of all female undergraduate students report experiencing some form of sexual violence, but students of all sexes and genders are at higher risk of experiencing sexual assault. In general, RAINN suggests that young adults between the ages of 17 and 24 are most likely to be victims of sexual assault although only about 20 percent make a report to law enforcement. When victims do make reports of sexual assault or other forms of sexual violence, other students are often questioned, arrested, or charged in those cases.
If your high school or college student was recently questioned in connection with a sexual assault case, or if your child has already been arrested or charged, it is critical to understand the charges your child may be facing and how you can help your child to build the strongest possible defense strategy to avoid having a criminal record.
Students Charged with Sexual Assaults Are Typically “Adults” Under Texas Law
It is important to know that most students who face sexual assault charges are considered adults under Texas law since a person is no longer a juvenile once they reach the age of 17. Accordingly, for nearly all sexual assault cases on college campuses, and even when a high school senior faces charges, the student will be facing charges within the criminal justice system rather than the juvenile justice system.
Sexual Assault is an Assault Offense Under Texas Law
Sexual assault and other related offenses are typically charged under Chapter 22 of the Texas Penal Code, which outlines “assaultive offenses.” Sexual assault will typically be charged as a second-degree felony at a minimum, but some cases that may be colloquially described as sexual assault are actually “indecent assault” under Texas law, which is a Class A misdemeanor. In general the offense of sexual assault involves penetration, while indecent assault involves unwanted touching or exposure but generally does not involve penetration.
It is important to know that a Title IX case is separate from a criminal case under Texas law. Even if a Title IX case does not move forward, your child may still be facing criminal charges under Texas law that can result in imprisonment and other serious penalties.
Contact Our Texas Sexual Assault and Sex Crimes Defense Attorney Today for Assistance with your Student’s Defense
If your high school or college student has been accused of sexual assault, it is critical to work with an attorney on your child’s defense. One of the experienced Texas sexual assault defense lawyers at John Reed, Attorney at Law can speak with you today to learn more about the details of the case and to begin developing a defense strategy based on the facts of your child’s arrest. Contact our firm today to have your questions answered and to get started on your child’s defense.
Sources:
statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm
rainn.org/facts-statistics-the-scope-of-the-problem/statistics-campus-sexual-violence/
