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.
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.
