Being accused of domestic sexual assault is an unfathomably distressing experience. The emotional toll, damage to personal relationships, and threat of severe legal consequences can feel overwhelming. These cases are often complicated, with accusations arising from high-conflict situations, misunderstandings, or even false claims.
Unfortunately, once an allegation is made, law enforcement and prosecutors take it very seriously, and you may find yourself fighting an uphill battle. At M|C Criminal Law, we understand the fear and uncertainty that come with these charges. We are here to provide the experienced, strategic defense you need to protect your future.
Reach out for a confidential consultation and explain your situation.
In Texas, domestic sexual assault falls under the wider range of domestic/family violence offenses. The Texas Family Code, Section 71.004 (1) states that family violence is:
‘an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;’
In addition to what is listed in 71.004 (1) of the Family Code, abuse and dating violence also constitute family violence in Texas. For the purpose of domestic sexual assault, persons who are related by ‘consanguinity or affinity’ are considered family, including:
Family violence, including domestic sexual assault, can also be committed by members of the same household, where household refers to people living in the same dwelling, regardless of whether they are related to each other.
In addition to being committed by a household or family member, for a conviction, domestic sexual assault needs to fulfill the criteria for sexual assault from Section 22.011. of the Texas Penal Code. Specifically:
‘A person commits an offense if:
(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.’
In general, any intentional and non-consensual sexual contact or penetration can constitute sexual assault and if it is committed by a family or household member, it can become domestic sexual assault.
Depending on the circumstances of the crime, domestic sexual assault can range from a gross misdemeanor classification to any type of felony, excluding a capital felony. Domestic sexual assault can automatically be enhanced to a first-degree felony if the perpetrator engages in sexual intercourse or deviate sexual intercourse with:
A first-degree felony conviction can be punished by a prison sentence of 5 to 99 years in prison and a fine of up to $10,000. If certain aggravating factors are present, the minimum sentence can be raised to 25 years in prison. In addition to that, most domestic sexual assault convictions have a mandatory requirement to register as a sex offender, which affects everything from housing to employment opportunities.
In short, there are few crimes more serious than domestic sexual assault and the consequences reflect that. If you are accused of such a crime, no matter how frivolous it may seem, you need experienced domestic sexual assault attorneys to represent you.
A domestic sexual assault accusation can turn your life upside down. Beyond the possibility of a lengthy prison sentence and mandatory sex offender registration, a conviction can permanently damage your reputation, career, and relationships. These cases are often complex, involving high emotions, conflicting accounts, and sometimes even false allegations. At M|C Criminal Law, we understand what’s at stake, and we are prepared to fight for your rights.
Our domestic violence defense attorneys bring a unique advantage to your case – we worked as prosecutors before transitioning to defense. This means we know how the state builds cases, where their weaknesses lie, and how to challenge their strategies. We meticulously analyze evidence, scrutinize witness statements, and explore all available legal defenses to give you the strongest possible defense.
If you are facing domestic sexual assault charges, you need experienced, strategic, and aggressive representation. Contact M|C Criminal Law today to discuss your case. The sooner you have legal counsel, the better your chances of securing a favorable outcome.
