Practical Help From a Sexual Assault Lawyer Serving San Antonio and the Central Texas Area
A sexual assault charge is a serious charge that requires serious legal attention. The fallout of the charge alone can be significant, but the consequences associated with a conviction can dramatically alter your life as you know it. If you are facing sexual assault charges, you need the professional legal counsel of a dedicated sexual assault lawyer with the fortitude, conviction, and resources to zealously protect your rights and freedoms throughout the legal process.
Types of Sexual Assault Charges
In the State of Texas, sex crimes are categorized into sexual assault charges and aggravated sexual assault charges. Sexual assault refers to the intentional and knowing commission of a prohibited sexual act that is undertaken without the consent of the victim. Consent is multilayered and involves all of the following important factors:
- Consent is considered absent if the defendant used violence or threatened to use violence as a means of coercing the victim.
- Anyone who is physically incapable of resisting sexual assault or who fails to appreciate the nature of the assault is considered incapable of providing consent.
- In any situation in which the defendant is in a position of power over the victim or is charged with caring for the victim, consent is deemed absent. Examples include providers of healthcare services, public servants, members of the clergy, employees of residential facilities, and more.
Aggravated sexual assault, on the other hand, involves an aggravating component that elevates the legal charge. Such aggravating components can include:
- The defendant causes serious bodily injury or attempts to kill the victim during the course of the assault.
- The defendant causes the victim to fear serious bodily harm, kidnapping, or death during the course of the assault.
- The defendant uses or exhibits a deadly weapon – such as a gun or knife – during the course of the assault.
- The defendant acts in tandem with another person in the commission of the crime.
- The defendant uses a date rape drug to facilitate sexual assault.
- The victim is under the age of 14.
- The victim is disabled or elderly.
Penalties for Sexual Assault
Sexual assault charges in Texas are generally second-degree felonies that carry sentences of two to twenty years in prison and fines of up to $10,000. If the victim, however, is someone whom the defendant could not marry (as a matter of law), the charge is elevated to a first-degree felony, which is punishable by from 5 to 99 years in prison and by a fine of up to $10,000.
If the charge is aggravated assault, it’s a first-degree felony and is punishable as above. If, however, any of the following apply, the minimum prison sentence is 25 years:
- The victim was under the age of 6 when the crime was committed.
- The victim was under the age of 14 when the crime was committed, and the defendant used or exhibited a deadly weapon; the victim was seriously harmed; the defendant attempted to murder the victim; and/or the defendant employed drugs to facilitate the commission of the crime.
Defenses for Sexual Assault
If you’re facing sexual assault charges, you need to bring your strongest defense. While every case involving sexual assault is unique, there are certain defenses that are often applicable, including:
- You have an alibi for the time the alleged assault is reported to have occurred.
- It is a case of mistaken identity, and the crime was committed by someone else.
- The victim’s account of the event is false
In addition to these defenses, there are also what are known as affirmative defenses, which involves admitting to the act in question but that alleging additional facts that, if true, mitigate or eliminate criminal culpability. Such circumstances can include:
- The alleged victim consented to the act in question.
- You used neither force nor threat, and the alleged victim was not under duress when the alleged act occurred.
When the alleged crime involves having sex with someone who is underage (under the age of 17 in the State of Texas) – known as statutory rape – there are several legal exemptions, including:
- You are no more than three years older than the alleged victim – who consented to the sexual act and is at least 14 years old (often called the Romeo and Juliet exemption).
- You were married to the alleged victim when the alleged crime occurred. This exemption does not apply if the sexual act was forcible, however.
- You believed the alleged victim – who consented – was at least 17 years old, and you had no way of knowing otherwise.
You Need an Experienced San Antonio Sexual Assault Lawyer on Your Side
If you are facing sexual assault charges, building your strongest defense is critical to protecting your rights and your future. Patrick Hancock, of the Law Offices of Patrick L. Hancock in San Antonio, is a formidable sexual assault lawyer with more than three decades of experience successfully defending the rights of clients like you. Mr. Hancock has the skill, experience, and resources to help, so please don’t hesitate to contact or call us at 210.223.8844 for more information today.