Houston Sexual Assault Defense Lawyer

//Sexual Assault & Sexual Assault of a Child
Sexual Assault & Sexual Assault of a Child2018-02-27T19:55:39+00:00

Sexual Assault & Sexual Assault of a Child in Texas

The full Sexual Assault & Sexual Assault of a Child text can be found in section 22.021 of the Texas Penal Code.

A person commits Sexual Assault & Sexual Assault of a Child if the person intentionally or knowingly:

 

  • Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent
  • Causes the penetration of the mouth of another person by the sexual organ of the person accused, without the person’s consent, OR
  • Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the anus, mouth, or sex organ of the other person (including the actor), OR

Regardless if the person knew the age of the child at the time of the incident,

  • Causes the penetration of the anus or sexual organ of a child by any means
  • Causes the penetration of the mouth of a child by the sex organ of the accused
  • Causes the sex organ of a child to contact the mouth, sex organ, or anus of another
  • Causes the anus of a child to contact the mouth, anus, or sex organ of another, OR
  • Causes the mouth of a child to contact the sex organ or anus of another

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 Sexual Assault & Sexual Assault of a Child, it will be as a 2nd Degree Felony.  A 2nd Degree Felony has a range of punishment of 2-20 years in prison and a fine of up to $10,000.

However, if the “victim” was a person who the accused was not allowed to marry by law, then the case would be a 1st degree felony.  A 1st Degree Felony has a range of punishment of 5-99 years in prison and a fine of up to $10,000.

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

These case are extremely serious, so you need a lawyer who is serious about helping you.  If you are lucky enough to be out on bond then we will hit the floor running.  If your loved one is in jail, then we will still defend him the same, but unfortunately for them they will be in jail.

To me it doesn’t matter if you are in jail or you are out on bond.  The goal is to do everything we can to make sure that you get the best outcome for you.  These cases can take a toll on an individual and on a family.  It is extremely stressful to be looking at potentially years in prison.  I am here not only as your lawyer but as a guide to help you through the process.

Again, these are very serious charges.  Charges that can lead to prison and a lifetime of being labeled as a sex offender.  I typically evaluate the case and make a decision on the best possible way to defend you.  Whether that be fighting the case because you are innocent, or doing damage control if you are guilty, I will do my job to the best of my capability.  Every case is very different, and I will be prepared for whatever scenario may be in front of us.

Get a Free Consultation

My office number is 713-222-2828.  This is the type of situation we need to talk about face to face.  Whether you are on bond, or whether you are considering hiring me for your loved one.  Call me today and let’s talk.  We will figure out a way to deal with the situation in a manner beneficial for you. You can also contact me about your case by filling in the following information. The first consultation is always free.