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 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.
Steps to Take if You are Accused of Sexual Assault
False accusations against you can still change your life. You might be found innocent, but in the meantime, friends, family and co-workers may look at you differently. Up to 8% of claims are false, but in all cases, you need to work with a sexual assault lawyer.
If you’ve been accused of sexual assault, follow the steps below:
- Remain calm: Anger is common, but if you yell at the accuser or harass them, it will not help your case.
- Gather and maintain evidence: Any evidence that can work in your favor should be kept safe. Text messages, voicemails, emails or any other type of evidence should be copied and stored safely. If you have alibis or witnesses that can prove your innocence, be sure to remember to gather their contact information.
- Cut all contact with the accuser: Contact with the alleged victim should be cut completely. Do not text, email, call or have any other sort of contact with the individual. If the person attempts to contact you, do not respond.
- Cooperate: Law enforcement will investigate the case, and you will want to cooperate with them. If you don’t feel comfortable cooperating, a lawyer can assist you. Court orders must be followed, and hearings attended.
Unfortunately, clearing your name will take time, and it’s in your best interest to remain patient throughout the process. Your lawyer – who you should have hired at this point – will guide you through the case process.
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.
Understanding the Case Process
Your case is unique, but the process is relatively the same:
- A report of the alleged assault is made.
- Law enforcement officials will investigate the claim, gather evidence and talk to witnesses. Physical evidence may be obtained.
- Arrest and booking are next. You may or may not be granted bail.
- An initial court appearance will be scheduled, and this is when you’ll be informed of the accusations and charges against you.
- Pretrial proceedings will begin, and this is when discovery, motions and plea negotiations will take place.
- Trials and verdicts will be given.
Motions and appeals can be made if you’re found guilty.
The Penalties of a Sexual Assault Conviction in Texas
Under section 22.011 of the Texas Penal Code, sexual assault is generally charged as a second-degree felony, which is punishable by:
- 2-20 years in state prison
- Fines up to $10,000
If any of the following occur, the charges will be upgraded to aggravated sexual assault:
- The defendant caused or attempted to cause serious bodily harm or death
- A deadly weapon was involved
- The victim was in fear of losing their life, suffering severe bodily injury or being kidnapped
- The crime was committed with another person
- A “date rape” drug was used on the victim
- The victim was elderly, disabled or under the age of 14
Aggravated sexual assault is charged as a first-degree felony that is punishable by:
- 5-99 years in prison
- Fines up to $10,000
In some cases, the charges can become “super aggravated,” which comes with a minimum sentence of 25 years in prison.
Sexual assault is a serious crime with severe, far-reaching consequences. If you are facing charges of sexual assault, it is crucial to hire an attorney as soon as possible to ensure your rights are protected.
Why You Should Choose Attorney Nathaniel Pitoniak to Protect Your Rights
Cases involving sexual assault are complex and require the skill and expertise of an attorney with experience in this area.
Attorney Nathaniel Pitoniak is a former prosecutor and sexual assault lawyer with more than 15 years of experience and a proven record of getting results for clients. He has obtained dismissals on felony cases and has received pre-trial interventions for clients, a deal under which the case is dismissed after a long reset and the defendant does not have to plead guilty.
If you are facing sexual assault charges, you need an attorney who knows how to build a strong defense and negotiate to achieve a favorable outcome.
Contact us today to schedule a consultation.
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 consultation and speak with an experienced criminal defense lawyer.
