Houston Aggravated Sexual Assault Defense Attorney

//Aggravated Sexual Assault & Aggravated Sexual Assault of a Child in Texas
Aggravated Sexual Assault & Aggravated Sexual Assault of a Child in Texas 2018-02-27T19:41:40+00:00

Aggravated Sexual Assault & Aggravated Sexual Assault of a Child in Texas

The full Aggravated Sexual Assault text can be found in section 22 of the Texas Penal Code.

A person commits a sexual assault offense under this section if they intentionally and knowingly:

  • Causes the penetration of the sex organ or anus of another person by any means without their consent
  • Causes the penetration of the mouth of another by the sex organ of the accused without their consent
  • Causes the sex organ of another, without their consent, to contact the anus, mouth, sex organ of another (including the actor)

Regardless of whether the person knows the age of the child at the time of the incident, intentionally or knowingly:

  • Causes the penetration of the anus or sex organ of a child by any means
  • Causes the penetration of the mouth of a child by the sex organ of the actor
  • Causes the sex organ of a child to contact or penetrate the mouth, anus, or sex organ of another, including the actor
  • Causes the anus of a child to contact the anus, mouth, sex organ of another (including the actor)
  • Causes the mouth of a child to contact the sex organ or anus of another (including the actor) AND

If the person:

  • Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode
  • By acts or words, makes the “victim” feel as if any person will become the victim of an offense, or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person
  • By acts or words occurring in the presence of the “victim” threatens to cause any person to become the victim of an offense, or to cause the death, serious bodily injury, or kidnapping of any person.
  • Uses or exhibits a deadly weapon in the course of the same criminal episode
  • Acts with another who engages in conduct towards the same “victim” and occurring during the course of the same criminal episode, OR
  • With the intent of committing the crime, gives the “victim” any substance capable of impairing their ability to understand or resist the act

If the person:

  • Is a child younger than 14 years of age, regardless is the accused know the age of the victim at the time, OR
  • The victim is an elderly or disabled individual (elderly is 65 years of age or older)

There is no consent if:

  • Consent is given by physical force, violence or coercion
  • Consent is given because of a threat of force or violence (and the person believes that they have the ability to go through with that threat)
  • The person is unconscious or physically unable to resist
  • The actor knows that as a result of mental disease or defect the person cannot understand the act or resist it
  • The person is unaware that the sexual assault is occurring
  • The actor has intentionally impaired the other person’s power to understand the situation by giving them a substance without them knowing
  • Consent is given after a threat of violence against another 3rd party
  • The actor is a public servant who coerces the other person to submit
  • The actor is a mental health services provider or a health care provider who causes the person (who is a patient or former patient) to submit by exploiting the other person’s emotional dependency on the actor
  • The actor is a clergyman who causes the other to consent by exploiting the emotional dependency o the clergyman in their character as a spiritual adviser, OR
  • The actor is an employee of a place where the other person is a resident, unless they are formally or informally married

It is an affirmative defense to the section typically known as “statutory rape” if the “child” was the spouse of the accused at the time or if the accused was not more than 3 years older than the victim at the time of the offense and also was not required to register as a sex offender for life, had no prior convictions under this section of law, AND the “victim” was 14 years old or older and was not a person who the accused would be prohibited from marrying by law.

If you are charged with aggravated sexual assault or aggravated sexual assault of a child in Texas, it is a First Degree Felony.  A First Degree Felony is punishable by 5-99 years, or life in prison and a fine of up to $10,000.

However, the minimum term increased to 25 years if:

  • The victim is younger than 6 years of age at the time of the offense …OR …
  • The victim is younger than 14 years of age at the time of the incident and the actor commits the offense by displaying a deadly weapon, committing serious bodily injury, threatening human trafficking, etc.

A conviction of aggravated sexual assault or aggravated sexual assault of a child in Texas can also be subject to mandatory life sentence if you have a prior conviction for a sexually violent offense.

What do I do if I am charged with Aggravated Sexual Assault or Aggravated Sexual Assault of a Child?

The first thing you obviously want to do if charged with aggravated sexual assault is to hire a lawyer, but you know this and that is why you are here.  These cases tend to last a very long time.  If you have a family member in jail, then it is best to bond him/her out if possible.  If the bond is too expensive, or the case is set at no bond, then we will just have to fight the case while your loved one is in jail.

Whether my client is in jail for aggravated sexual assault or is free on bond we fight the case the same way.  We do everything in our power to get the best possible result as quickly as possible.  I have been through the process with so many clients on so many different types of cases, that I know the stress and hardship that is caused to the family and to the person accused.  I will fight the case to the best of my ability to hopefully get this cased putted behind you.

If you are on bond and an officer or anyone else wants to do an interview with you do not do it.  Tell them you have a lawyer and have no interest in talking without counsel.

These are obviously very serious cases with very real consequences.  We typically assemble a team to defend these matters to maximize our effectiveness.  I would be happy to talk to you in person if you have been charged with aggravated sexual assault, or if you have a loved one who has been charged with aggravated sexual assault.  We will develop a plan together and figure out the best way to proceed on your case.  These cases are very fact specific and it is essential to make a unique plan to best address your situation.

Get a Free Consultation

Your life is on the line, and I will treat the case with that understanding. Please reach out to me, Houston Criminal Defense Attorney Eric J. Benavides at 713-222-2828 and we will set up a time to talk. You can also contact me about your case by filling in the following information. My aggravated sexual assault case consultation is free.