Criminal Lawyers

Charged with sexual assault or rape?

There simply is no criminal allegation more frightening to a defendant than the allegation of sexual assault or rape. Whereas with any serious criminal matter a defendant is forced to consider the possibility of significant prison time, with sexually related cases the defendant has to deal with the stigma of an allegation that that makes the possibility of conviction even more threatening. In serious cases like these you need not only an experienced lawyer, but an experienced legal team. Call now and talk with one of our attorneys, and let us help you see that there's some light at the end of the tunnel.

Statutory Provisions Relating to Sexual Asault & Rape

Criminal sexual assault--also known as rape--is a felony that carries with it severe penalties. Sexual assault is intentionally or knowingly penetrating the anus, female sexual organ, or mouth of another person, without that person's consent. Under the law, the victim is said not to have consented to the actions if the assault is under one of the following circumstances:

    * The victim is unable to consent or to resist because of a mental disease or defect

    * The victim is physically unable to resist, unconscious, impaired by ingestion of a substance forced on the victim by the defendant, or unaware that the assault is occurring

    * The assailant uses force, violence, or a threat of force or violence against the victim or against another person
 
    * The defendant is a government official or employee who coerces the victim to submit or participate

Texas law does not distinguish marital rape from general sexual assault.

If the victim is a child under the age of 17, the law presumes the child cannot consent, so any penetration of the child's anus, mouth, or female sexual organ, or causing the anus, mouth, or sexual organ of a child to contact that of another person, is sexual assault. However, if the child is 14 years of age or older and the defendant is no more than three years older than the victim, then there is no crime.

Aggravated criminal sexual assault is first degree felony criminal sexual assault under aggravated circumstances. If the defendant causes or threatens kidnapping or serious bodily injury, threatens death or tries to kill the victim, sexually assaults a child under the age of 14, or uses a deadly weapon, the defendant will be charged with aggravated sexual assault.