Round Rock Sexual Assault Lawyer

What Is Sexual Assault in Texas?

In Texas, sexual assault is legally defined as non-consensual sexual contact, commonly referred to as rape. This offense involves intentionally or knowingly causing physical, sexual contact or penetration without the other person's consent.

According to the Texas Penal Code, Texas law distinguishes between different types of sexual assault, each carrying severe legal consequences:

Sexual Assault (Rape)

This charge applies when someone knowingly or intentionally engages in sexual contact or penetration without consent. Consent is absent if the victim is physically forced, threatened, drugged, unconscious, or otherwise unable to resist.

Sexual assault is typically charged as a second-degree felony in Texas but can be enhanced in certain situations. Convictions can lead to severe consequences, including:

Imprisonment

2 to 20 years in state prison

Fines

Up to $10,000

Sex Offender Registration

Mandatory enrollment in the Texas Sex Offender Registration Program

Aggravated Sexual Assault

A more severe offense, aggravated sexual assault occurs when the assault involves:

• Causing serious bodily injury or death to the victim.
• Using or exhibiting a deadly weapon during the assault.
• Threatening to kill, seriously harm, or kidnap the victim or someone else.
• Drugging the victim to impair resistance.
• Victims under 14 years old or elderly/disabled individuals.

Aggravated sexual assault is a first-degree felony, punishable by 5 to 99 years or life in prison and fines up to $10,000.

Statutory Rape (Sexual Assault of a Child)

Statutory rape occurs when a person engages in sexual activity with a minor under 17, regardless of whether the minor consented. Texas has a "Romeo and Juliet" exception, which allows for consensual sexual activity between individuals within a three-year age difference if both parties are over 14 years old.

Victims under 14 result in aggravated sexual assault of a child (first-degree felony, 5 to 99 years or life in prison), while victims aged 14-16 result in sexual assault of a child (second-degree felony, 2 to 20 years in prison); both require mandatory sex offender registration.

Situations That Can Lead to Sexual Assault Charges

Several circumstances may result in sexual assault charges, including:

Non-Consensual Sexual Activity

Engaging in sexual acts without clear and voluntary consent.

Incapacitated Victim

The alleged victim is unconscious, under the influence of drugs or alcohol, or otherwise unable to consent.

Use of Force or Threats

Employing physical force, violence, or threats to compel someone into sexual activity.

Underage Participants

Engaging in sexual activity with individuals below the legal age of consent (which is 17 years old in Texas), regardless of perceived consent.

Texas Sex Offender Registration Program

Texas law mandates that individuals convicted of certain sexual offenses register with the local law enforcement authority in their area. This registration includes providing personal information, such as name, address, and details of the offense. Failure to comply with registration requirements can lead to additional criminal charges.

Given the lifelong implications of sex offender registration, it's imperative to vigorously defend against sexual assault charges to avoid this outcome.

Defense Strategies Against Sexual Assault Charges

Defending against sexual assault allegations requires a comprehensive and tailored approach. Potential defense strategies include:

Consent

Demonstrating that the alleged victim consented to the sexual activity.

False Allegations

Challenging the credibility of the accuser and presenting evidence of ulterior motives.

Mistaken Identity

Providing evidence that the accused was not the perpetrator.

Insufficient Evidence

Highlighting inconsistencies or lack of concrete evidence in the prosecution's case.

How We Can Help You

Our legal team is dedicated to providing proven, comprehensive defense strategies for individuals accused of sexual assault. We offer:

Confidential Consultations

Discuss your case in a private and secure setting

Thorough Case Evaluation

Analyze all evidence to identify strengths and weaknesses in the prosecution's case.

Aggressive Representation

Advocate for your rights in court and negotiate with prosecutors on your behalf.

Support and Guidance

Navigate the legal process with a team committed to your defense and well-being.

Attorney Ryan Deck has 20+ years of experience in Texas criminal law, first as a prosecutor and then as a criminal defense attorney. Since 2014, the National Trial Lawyers Association has consistently named him a Top 100 Trial Lawyer. In 2016, Mr. Deck received special recognition from the Williamson County Bar Association for excellence in criminal defense. 

Further, out of the tens of thousands of lawyers practicing in Texas, Attorney Deck is part of a small handful who have been declared Board Certified in Criminal Law by the Texas Board of Legal Specialization (TBLS), a great professional honor.