Austin Sexual Assault Defense

Friends, family, judges & prosecutors offer little remorse for people charged with a sexual assault. In fact, public opinion concerning sex crimes is so highly charged that many criminal defense lawyers won't take these cases. I know this because many of them refer their sexual assault cases to me.

I provide strong legal representation to individuals charged with sexual assault and other sex crimes. Please contact me to arrange a free consultation with an experience Austin sexual assualt lawyer.

Sexual assault convictions can carry long sentences and severe consequences that go well beyond a person's release from prison. Texas now mandates a life time on the Sexual Offender Registration list for people convicted of these kinds of charges. Factoring in the social consequences and dim employment prospects, you can see why having an experienced lawyer represent you is so essential.

§21.011 – Sexual Assault

A person commits an offense if he:
1. Intentionally or knowingly
a. Causes the penetration of another person by any means without that person=s consent, OR
b. Penetrates the mouth of another person without consent, OR
c. Engages in sexual contact with another person without that person=s consent, OR
2. Intentionally or knowingly:
a. Causes the penetration of a child by any means, OR
b. Penetrates the mouth of a child, OR
c. Causes a child to penetrate another party including the actor, OR
d. Causes a child to engage in sexual contact with another person, including the actor.

A sexual assault under Offense 1 is without consent if any of the following are true:
1. The actor compels victim to submit or participate through use of force.
2. The actor compels victim to submit or participate by threatening force against victim AND victim believes the actor has the ability to execute the threat.
3. Victim has not consented and actor knows victim is unconscious or physically unable to resist.
4. Actor knows that because of mental disease or defect at time of assault, victim is incapable of appraising nature of act or of resisting.
5. Victim has not consented and actor knows that victim is unaware that assault is occurring.
6. Actor has intentionally impaired victim=s ability to appraise or control conduct by administering any substance without victim=s knowledge.
7. Actor compels victim to submit or participate by threatening force against any person and victim believes actor has ability to execute the threat.
8. Actor is public servant who coerces victim to submit or participate.
9. Actor is mental health or health care provider who causes victim, who is current or former patient of actor, to submit by exploiting victim=s emotional dependency on actor.
10. Actor is clergyman who causes the victim to submit by exploiting victim=s emotional dependency on clergyman in professional character as spiritual adviser.
11. Actor is employee of facility (e.g. home for elderly or mentally disabled) where victim is a resident unless employee and resident are married.

It is a defense to prosecution under Offense 2 that the conduct consisted of medical care for the child and did not include sexual contact between child and the actor or a third party.

It is an affirmative defense to Offense 2 that the actor:
1. Was not more than three years older than victim at time of offense, AND
2. Was not required to register as a sex offender, AND
3. Victim was at least 14 years of age.

This is a felony of the second degree.
Second-degree felony: No more than 20 years or less than 2 years

§22.021 – Aggravated Sexual Assault

A person commits an offense if a person commits sexual assault and either:
1. Causes serious bodily injury or attempts to cause death of victim or another person during same criminal episode, OR
2. By acts or words places victim in hear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person, OR
3. By acts or words in presence of victim threatens to cause death, serious bodily injury or kidnapping of any person, OR
4. Uses or exhibits a deadly weapon in course of same criminal episode, OR
5. Administers rohypnol, GHB, or ketamine to victim with intent to facilitate the offense, OR
6. Victim is under 14 years of age, OR
7. Victim is elderly or disabled individual.

This is a felony of the first degree.
First-degree felony: No more than 99 years or less than 5 years

§25.02 – Prohibited Sexual Conduct

An individual commits an offense he knowingly engages in sexual intercourse or deviate sexual intercourse with:
1. His ancestor or descendant by blood or adoption, OR
2. Stepchild or stepparent, while marriage creating that relationship exists, OR
3. Parent’s brother or sister by whole or half blood, OR
4. Brother or sister by blood or adoption, OR
5. Children of brother or sister by blood or adoption.

This is a felony of the third degree.
Third-degree felony: No more than 10 years or less than 2 years