Have you been arrested for sexual assault?
This is an offense that includes what is commonly referred to as rape. It is a felony, and the stakes are high. Even an accusation of rape can follow you and affect your life for years to come. Like many sex crimes, the mere mention of sexual assault will lead some people to assume you are guilty.
If you are facing a sexual assault charge, sex crimes lawyer Nathaniel Pitoniak can help. With years of experience as both a criminal defense attorney and a prosecutor, he will aggressively defend the charges on your behalf, and fight for the best possible result in your case. Call today for a free consultation.
What is Sexual Assault in Texas?
Sexual assault is defined under section 22.011 of the Penal Code. It is generally a second-degree felony. The basic definition of the crime is the knowing or intentional.
- penetration of the sexual organ or anus of another person without that person’s consent;
- penetration without consent of the mouth of the other person by the sexual organ of the actor; or
- causing a person’s sexual organ to contact or to penetrate the sexual organ, the mouth or the anus of any other person, without consent.
This is the offense that most people identify as rape. The essence of the definition is the lack of consent of the other party. Consent is lacking where:
- Submission is compelled through violence, coercion or physical force;
- Submission is compelled through threats of violence against that person or any other person, which the other person believes the actor has the ability to carry out;
- A defendant knows the other person is unconscious or is otherwise physically incapable of resisting;
- A defendant knows the other person is unable, due to a mental defect, to understand the nature of the act or to resist;
- A defendant knows the other person is unaware that he or she is being sexually assaulted;
- A defendant administers a substance, without the other person’s knowledge, that impairs the ability of the other person to understand or control his or her conduct. This is sometimes referred to as “date rape.”
- A public servant uses coercion to compel the other person to submit to the assault;
- A clergyman uses the other person’s emotional dependence to cause the other person to submit;
- A health care (or mental health care) provider uses a patient’s or former patient’s emotional dependence to cause the other person to submit;
- An employee of a nursing home, assisted living facility, mental health or similar facility has sex with a resident of the facility.
Lack of consent obviously means more than force and violence. It covers many different situations where, because of mental issues, the introduction of a substance into the victim’s system, certain relationships that foster emotional dependence, or other issues, legal consent is lacking.
Sexual assault also includes statutory rape, where the age of the victim, and/or the relative ages of the defendant and the victim, form the basis for the charge. The age of consent in Texas is 17.
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Aggravated Sexual Assault
Aggravated sexual assault is a felony of the first degree. It is sexual assault, coupled with other factors, including:
- serious bodily injury;
- certain types of threats (death, serious bodily injury, sex trafficking);
- use of a deadly weapon;
- a child who is under the age of 14 or an elderly or disabled individual.
In some cases, aggravated sexual assault could carry a minimum sentence of 25 years in prison.
Defenses to Sexual Assault Charges in Texas
Even though public opinion tends to be quick and judgmental in the case of a sexual assault charge, you are still entitled to all the legal protections available in any criminal case.
We understand the pressure that a charge such as this can cause. But we also know, first and foremost, that you are innocent unless proven guilty beyond a reasonable doubt. In addition, there are specific defenses that may apply in your case. They include, but are not limited to, challenging the evidence against you, including the testimony of the alleged victim; mistaken identity; false testimony by prosecution witnesses; the alleged mental or emotional state of the victim; and your knowledge of that mental or emotional state.
Houston Sexual Assault Defense Attorney
At the Law Office of Nathaniel Pitoniak, we understand the defenses, where the prosecution’s case may be weak, and how to provide you with best chance of a dismissal, a reduction in the charges against you, or a not guilty verdict. Call for a free consultation and speak with an experienced criminal defense lawyer.