Rape And Sexual Assault
Rape and Sexual Assault Defense Attorney in Sugarland and Katy, Texas
Sexual assault is defined as physical violence to force someone in a sexual act. A violent crime against a person is commonly referred to as rape. Because Texas has a reputation for harshly penalizing these crimes, if you have been charged with sexual assault in Sugar Land or Katy, you should call a competent rape and sexual assault defense attorney. At the Law Office of Annie Scott, our criminal defense lawyers will strongly defend you against charges of sex crimes, drug crimes, domestic violence, and so much more.
What is the Difference Between Rape and Sexual Assault in Texas?
You’re probably concerned about your future if you’ve been charged with sexual assault or rape. Many people in Texas have a general notion of what rape is, but they may not be aware of the subtle variations between rape and sexual assault. Individualscan be charged with statutory rape in addition to rape and sexual assault, even if both parties agreed to the sexual conduct. Understanding the distinctions between rape and sexual assault in Texas will help you better comprehend the allegations against you.
In Texas, rape is usually referred to as sexual assault by the judicial system. In Texas, the felony recognized as rape in many other jurisdictions is an assaultive sexual offense. When a person is detained in Texas on suspicion of sexual assault, law enforcement authorities may still use rape. On the other hand, prosecutors and judges will continue to use the phrases sexual assault and sexual harassment.
What Are the Elements of the Crime of Sexual Assault?
Sexual assault is one of three kinds of sexual conduct defined under Texas law. These actions are carried out without one of the participants’ permission or when a victim is unable to consent:
- Coercive sexual acts
- Forcible and violent intercourse with penetration or sexual contact, even when both parties consent
- Intercourse and penetration without the consent of one of the parties
- Sexual abuse of someone who is not able to give consent due to mental incapacity or a disability
- Intercourse, penetration of a sexual nature with a minor
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What is Sexual Assault of a Child?
If you suspect someone of having intercourse with someone under the age of 17, you can prosecute them with the sexual assault of a child. Child sexual assault is still classified as sexual assault under the law, but it relates to a breach of the Texas Sexual Assault Law provision.
The state does not have to establish that the sexual contact was nonconsensual since the child sexual assault charge does not include “without consent” as an element of the crime. As a result, regardless of whether the individual consented, you can be charged with child sexual assault. This is why it’s termed “Statutory Rape”: even if both parties agree that it was consensual, the legislation classifies it as “rape.”
The term “sexual assault of a child” refers to various sexual activities involving a person and a child, such as penetration and simple touch. It’s also possible that the person charged is a youngster. However, for the crime to be classified as sexual assault of a child, the complainant must be under the age of 17 at the time of the act.
The state must establish that the accused individual participated in sexual behavior “knowingly or intentionally” when it comes to sexual assault of a child. As a result, if the act was unintentional, the state would have to show that it was not an accident. The law only applies to specific sorts of sexual conduct.
Our rape and sexual assault defense attorney recognizes the necessity of reducing the consequences of criminal sex charges. We recognize the need to conduct an independent investigation, obtain vital witness testimonies, and gather critical evidence to preserve your rights. Our skilled rape and sexual assault defense attorney can assist you to avoid jail time, hefty fines, community service, and sex offender registration requirements.
What is the Penalty for Sexual Assault Conviction in Texas?
Because sexual assault is a reportable crime, sex offender registration laws will apply. Even if you complete the program and the case is subsequently dropped, you may not be eligible for a non-disclosure order if you get deferred adjudication probation. There is a slew of additional possibly undesirable side effects.
For starters, if you are convicted of sexual assault, you will face the same penalties as if you were convicted of any other felony. You will be classified as a convicted felon for the rest of your life. Under federal and Texas state law, you will lose important civil rights, including the ability to vote and the right to own ammunition or guns. A felony conviction makes it harder to find and keep work, resulting in the loss of a person’s eligibility to practice certain professions. Convicted criminals are likewise barred from joining and serving in the country’s armed services.
A criminal conviction, particularly one for sexual assault, will almost certainly affect the outcome of a divorce or child custody case. If it is established that the convicted person was the reason for the divorce, the convicted person may be awarded less money in the divorce and granted little to no time with their children from the marriage.
The necessity to register as a sex offender is perhaps the most commonly discussed effect. Adults and children with “reportable convictions” must register with the local police department in the city or county where they live under the Texas Sex Offender Registration Program. Being in the sex offender registry affects not just your ability to find and keep work, but it also restricts where you may reside and where to go in town (such as locations near children – i.e., schools, parks, etc.) for any reason.
Understanding the law is critical in situations of sexual assault or rape. Even if you did conduct the offense for which you have been charged, you must be informed of your legal options. You need a committed rape and sexual assault defense attorney who will fight hard to preserve your future.
What Are the Best Defense Strategies Against Texas Rape and Sexual Assault Charges?
It is in your best interests to contact a rape and sexual assault defense attorney as soon as possible. Our skilled rape and sexual assault defense attorney at the Law Office of Annie Scott will evaluate the facts of your case and build a winning legal defense plan.
Because the best defense depends on the circumstances, you should consult with a rape and sexual assault defense attorney to discuss the charges leveled against you. However, you may be able to make the following legal claims:
- Lack of Intent. Accidental touching or penetration will not meet the law since it needs a deliberate or knowing interaction. Unless you have a good cause for being near to someone who was undressed, this is a weak justification. A teacher, for example, who is assisting a child who has soiled himself, may inadvertently commit sexual assault.
- Consent. On this question, the state has the burden of proof, which means they must prove beyond a reasonable doubt that you did not have permission. Many sexual assault cases are “he said, she said” scenarios with ambiguous evidence. Because minors cannot consent, consent is not an element of the offense of sexual assault of a child in Texas.
You may be able to refute the aggravating element—such as the use of a firearm—in an aggravated sexual assault case, but you may not be able to defeat the underlying sexual assault accusation. Although you will not get off scot-free, this may minimize your sentence.
Contact a Rape and Sexual Assault Defense Attorney
The Law Office of Annie Scott understands that each person’s narrative must be shared for the judicial system to function correctly. Even if they have poor or no evidence, prosecutors would prefer to silence an individual and force them into taking a plea. An experienced rape and sexual assault defense attorney will actively seek every piece of evidence asserted by the state and build a solid case to raise reasonable doubt, which could lead to the dismissal of charges. Call our criminal defense law firm now for a free free consultation with a reliable attorney. Calls answered 24 hours a day/7 days a week by a live person.
