Charged with Sexual Assault in Texas? Know Your Legal Rights

Facing a sexual assault accusation in Texas is an overwhelming and life-altering experience. Sexual assault charges have many severe legal consequences, social stigma, and emotional distress attached to them. Whether you are accused of sexual assault or want to understand the legal framework surrounding these cases, it is important to know your rights, the legal process, and what to do next.

Texas has strict laws regarding sexual offenses, and it can be challenging to deal with these legal complexities without proper guidance. Let’s understand the legal aspects of sexual assault in Texas, the penalties involved, and the necessary steps to take if you are accused.

While staying informed is an excellent step towards justice, you also need a dedicated sexual assault defense lawyer for effective legal representation. The Law Office of Eric Harron is here to stand with you through your legal journey and help protect your rights with our aggressive representation.

Understanding Sexual Assault Under Texas Law

Sexual assault is defined under Section 22.011 of the Texas Penal Code as engaging in a non-consensual sexual act. This includes any form of penetration or sexual contact where consent was not given or was obtained through coercion, fraud, or incapacitation. The law further clarifies circumstances in which consent is not valid, such as when the victim is underage, unconscious, mentally incapacitated, or when force or threats were used.

Under Section 22.011(a)(1) of the Texas Penal Code, sexual assault among adults refers to any sexual act involving penetration that happens without consent. Section 22.011(b) outlines different ways prosecutors can prove that consent was not given. In many cases, proving a lack of consent goes beyond showing physical force or threats—someone can still face charges even if there is no physical evidence.

Sexual assault cases often rely on one person’s word against another since there are rarely witnesses. Because of this, having a focused defense attorney is crucial. A skilled sexual assault attorney can present evidence to challenge the claim and demonstrate that consent was given.

Under Section 22.011(a)(2) of the Texas Penal Code, any sexual activity with a person under 17 is considered statutory rape. Since the law states that minors under 17 cannot legally consent, consent cannot be used as a defense in these cases. Additionally, an adult can still face charges even if they are unaware of the minor’s age.

However, Texas has a “Romeo and Juliet” law, which is meant to protect young couples from harsh penalties if they engage in consensual sex while close in age. Under Section 22.011(e)(2), a person cannot be convicted of statutory rape if they are no more than three years older than the minor and the minor was at least 14 at the time of the incident.

Texas law takes sexual assault seriously, and the definitions can be broad. Even in cases with a prior relationship between the accused and the accuser, consent must be explicitly given. The legal system treats these cases with great caution, and if you find yourself facing such charges, you need to act immediately and look for a knowledgeable sexual assault attorney to protect your rights.

The Legal Penalties for Sexual Assault in Texas

Facing a sexual assault charge in Texas is a serious matter with severe legal consequences. In most cases, sexual assault is regarded to be a second-degree felony, which means you could be looking at two to twenty years in prison and fines of up to $10,000. But things can get even worse if certain factors come into play. However, the penalties can become even harsher under certain circumstances.

If the crime involves aggravating circumstances—like using a weapon, causing serious injury, or if the victim is a child—the charge is bumped up to aggravated sexual assault, a first-degree felony. That kind of conviction comes with a prison sentence ranging from five years to life, possibly up to 99 years, and hefty fines.

Beyond prison time and fines, a sexual assault conviction has long-term consequences that extend far beyond the courtroom. One of the most severe repercussions is the requirement to register as a sex offender. Being on the sex offender registry can impact where a person can live, as many areas have restrictions on where registered offenders can reside, particularly near schools, parks, or daycare centers. It also affects employment opportunities, as many employers are reluctant to hire someone with a sex offense on their record.

The social and personal impact of a conviction is equally damaging. A person found guilty of sexual assault can struggle with relationships, face community isolation, and have a tarnished reputation that is difficult to rebuild. These consequences make it crucial for anyone accused of sexual assault to seek experienced legal representation immediately. A strong defense can make a substantial difference in fighting the charges or reducing the penalties.

Given the seriousness of sexual assault charges and the consequences that come with a conviction, having the right legal support is non-negotiable. If you or someone you know is facing such allegations, taking immediate legal action can protect your rights and future.

What to Do If You Are Accused of Sexual Assault in Texas

The moment you become aware that you are being investigated or accused of sexual assault in Texas, your actions could impact the outcome of your case. It is important to take the following steps to protect yourself legally and avoid making mistakes that could harm your defense.

Seek Legal Representation: Find Qualified Sexual Assault Attorneys in Texas

One of the most critical steps is to hire a qualified sexual assault attorney as soon as possible. Do not attempt to navigate the legal process alone or assume that the truth will automatically clear your name. Texas law enforcement and prosecutors take sexual assault accusations very seriously, and without proper legal representation, you could be at risk of severe penalties.

The Law Office of Eric Harron has extensive knowledge in defending individuals accused of sexual assault and offers the legal assistance needed to fight for your rights. With a deep understanding of Texas law, we provide strategic defense, personalized guidance, and strong courtroom representation to ensure you get a fair trial.

Exercise Your Right to Remain Silent

If law enforcement contacts you regarding an accusation, you should remain calm and politely decline to answer any questions without an assault attorney present. Anything you say can be used against you in court, and even innocent statements can be misinterpreted or taken out of context. Make sure you politely inform law enforcement that you want to exercise your right to remain silent and that you will only speak with your attorney present.

Preserve Any Evidence That Supports Your Defense.

Evidence is crucial in sexual assault cases. If you have a record of any text messages, emails, phone records, social media interactions, or witness statements supporting your side of the story, keep them safe and inform your attorney about the same. In some cases, accusations stem from misunderstandings, false claims, or personal conflicts. If you have solid proof that displays consent or casts doubt on the accuser’s claims, it can dramatically strengthen your defense.

Understanding the Legal Process in a Sexual Assault Case in Texas

Handling a sexual assault case in Texas involves going through multiple stages. Each of these stages requires a well-planned legal strategy.

Investigation and Arrest

The legal process of a sexual assault case typically begins with an investigation. Law enforcement tries to gather evidence, interview witnesses, and sometimes request a forensic examination. An arrest warrant will be issued if sufficient evidence is found, and the accused may be taken into custody. At this point, it is very important to be prepared and have a sexual assault lawyer who can communicate with law enforcement on your behalf.

Arraignment and Bail Hearing

Once arrested, you will attend an arraignment where formal charges are read. Depending on the case details, a bond will be se. If posted, that allows you to remain out of custody while awaiting trial.

Pre-Trial and Plea Bargaining

During the pre-trial phase, your attorney will review evidence, file motions to suppress evidence if necessary and negotiate with the prosecution. In some cases, plea agreements may be offered, but accepting one should only be done under the guidance of your attorney.

Trial and Sentencing

If the case goes to trial, the prosecution and defense will offer their arguments, call witnesses, and submit evidence. A jury will then decide the outcome. If convicted, the sentencing will be decided based on the severity of the crime and any aggravating factors.

Possible Defenses in a Sexual Assault Case in Texas

Many defenses may be applicable in a sexual assault case, depending on the following specifics of the case:

• Consent: Evidence like messages or witness testimonies can support the claim that the encounter was consensual.
• False Allegations: In some cases, the accusations are made due to personal disputes, revenge, or misunderstandings. Your sexual assault attorney can investigate and challenge the credibility of the accuser.
• Mistaken Identity: Sometimes, wrongful accusations occur due to misidentification, particularly in cases where DNA or other forensic evidence is lacking.

Why Legal Representation Matters for a Sexual Assault Case in Texas

Being accused of sexual assault can have serious, devastating consequences, so it is crucial to have a skilled assault lawyer on your side. The Law Office of Eric Harron is committed to providing experienced and dedicated legal representation, ensuring that your rights are protected and every possible defense is explored. We understand the emotional and legal challenges of such accusations and will support you throughout the legal process with compassionate yet strategic defense services.

You Are Not Alone! The Law Office Of Eric Harron Is With You.

Dealing with a sexual assault case in Texas is a deeply stressful and frightening experience, but you are not alone. The Texas legal system is complex, but you can fight for justice with the right defense strategy and a skilled sexual assault attorney. You need to act swiftly, remain silent, and seek professional legal guidance to ensure your rights and future are protected.

The Law Office of Eric Harron is committed to standing by your side, offering the knowledge, dedication, and support needed to navigate this challenging time. If you or a loved one is facing such charges, reach out today for a FREE confidential legal consultation. Your future depends on your current choices—choose to defend yourself with experienced legal representation and the right sexual assault attorney.