Texas Sexual Assault
Montgomery County Sexual Assault Attorneys
Defending Clients in Montgomery County and Surrounding Counties
Sexual assault is a serious crimes for which you can face harsh penalties if convicted. Any sex related offense can impact your life in very negative ways due to the damage to your reputation and the potential requirement of having to register as a sex offender. The arrest alone can cause a person to have their reputation damaged when their case has not been completed and the outcome is unknown. It is critical to have an attorney represent you and begin an investigation into the accusations against you as soon as possible so that you have the best opportunity to defend your case.
Sexual Assault in Texas
Sexual assault is defined under Section 22.011 of the Texas Penal Code. This law covers the sexual assault of adults as well as child sexual assault. Consent and its absence is a key factor in the matter of sexual assault.
Under this law, sexual assault occurs through penetration of the sexual organs of the alleged victim without his or her consent by the offender.
Sexual assault can occur through the use of or because of the following:
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The use of physical force
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The use of violence
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The use of coercion
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Threats of physical force or violence against the alleged victim or his or her family
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The alleged victim was unconscious or physically unable to resist
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The alleged victim was mentally incapable of understanding the act or able to resist
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The alleged victim was drugged or made unconscious so as to not be able to resist
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The alleged offender was in a position of authority over the victim, such as a health provider, clergyman, coach, teacher, caregiver, or in a similar capacity
Age of Consent and Sexual Assault
In Texas, the age of consent is generally viewed as 17 years old or older. However, when the ages of the parties are close, such as with teens where the “victim” is under 17 and the “offender” is not more than three years older, this consent consideration may not apply.
Sexual assault is generally charged as a second-degree felony in Texas. It is punishable by a prison sentence of two to 20 years and a fine of up to $10,000. You will also be likely made to register as a sex offender for life.
Contact us today at
936-225-5043
Aggravated Sexual Assault
Certain factors can increase the charge of sexual assault up to an aggravated sexual assault.
These factors can include the crime being committed by multiple offenders acting together, committing the assault on someone younger than 14, drugging the victim to carry out the crime, or putting the victim in fear of death so as to carry out the crime.
Aggravated sexual assault is charged as a first-degree felony. It is punishable by up to life in prison, a fine of up to $10,000, and mandatory sex offender registration for life.
