Sex Crimes: The Basics for Sexual Assault Claims in Texas

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Nothing is more frightening than being accused of committing a sex crime, and no other crime carries a greater stigma based on a single accusation. Since most sex crimes have no physical evidence to corroborate them, an accusation can be brought against a person based on the word of one other individual. Consequences for the accused can be horrific. Convictions for this type of crime generally come with a lifetime sex offender registration requirement and penitentiary time. 

However, strong legal representation offers hope in the midst of the chaos.

FAQ: Frequently Asked Questions

What is statutory rape?

Statutory rape is when a person engages in sexual intercourse (penetration by a sex organ of one party to the other) with a person that is under the age of consent. In these cases a person is criminally liable if the state proves penetration no matter how slight. It is not a defense that the actions were with the consent of the victim since, by law, they are unable to give consent. 

What is the difference between rape and sexual assault?

Sexual assault is the legal term while rape is a common slang word. Texas Statutes list unwanted sexual behavior as sexual assault (see below for a list of offense and the punishment ranges). 

One key element is that there is penetration of the victim's sexual organ no matter how slight of the vagina or anus with any body part. The law does not specify that it must be penetration by the actor's sex organ. This means sexual assault includes with an body part, object, or oral penetration. 

What is the sex was consensual?

As long as the person is of age then consent is a common defense to a charge of sexual assault. When a person reports they are a victim of rape to law enforcement then a Detective will start his investigation. 

Before you respond to any law enforcement you should talk to a trusted attorney. At Madson Castello we believe in early intervention. When the issue was sex with this person without consent, we have been able to work with our clients and law enforcement to stop the case from even being filed.

What to do if charged with Sexual Assault.

Why Madson Castello, PLLC?

Experience

Kendall Castello and Messina Madson supervised both the sexual assault division and the child abuse division of the Dallas County District Attorney’s Office. They have handled hundreds of these cases as both prosecutors and criminal defense attorneys. Understanding the prosecutor’s mindset and the weaknesses of these types of allegations, our firm has achieved great results in many cases—including dismissals and no-bills—often keeping the allegations from ever becoming public.

Personal Attention

Madson Castello, PLLC, is committed to providing extensive, personalized attention. Unlike law firms that depend upon high volumes of cases, we choose to work with few clients for exceptional results. We use our extensive experience as both prosecutors and criminal defense attorneys to zealously fight for our clients. If that sounds like what you are looking for, we are the ideal firm.

Types of Sex Crimes and Punishment Ranges

Class C Misdemeanor – Up to $500 fine

Unlawful Electronic Transmission of Sexually Explicit Visual Material

Voyeurism

Class B Misdemeanor – Up to 180 days in jail and up to $2,000 fine

Indecent Exposure

Class A Misdemeanor – Up to 1 year in jail and up to $4,000 fine

 Indecent Assault

Public Lewdness

State Jail Felony – Up to 2 years and not less than 180 days and up to $10,000 fine

Bestiality

Sexual Coercion

Unlawful Disclosure or Promotion of Intimate Visual Material

Third Degree Felony – 2 to 10 years in prison and up to $10,000 fine and sex registration

Indecency with a Child by Exposure

Second Degree Felony – 2 to 20 years in prison and a up to $10,000 fine and sex registration

Improper Relationship Between Educator and Student

Indecency with a Child by Contact

Sexual Assault

Sexual Assault of a Child

Trafficking of Persons

First Degree Felony – 5 years to 99 years or Life and up to $10,000 fine and sex registration

Aggravated Sexual Assault

Aggravated Sexual Assault of a Child

Trafficking of a Child

First Degree Felony Enhanced – 25 years to 99 years or Life to be served day for day and sex registration

Continuous Sexual Abuse of Young Child or Children

Continuous Trafficking of Persons

Helpful Information

What to do if you are falsely accused of child molestation or Sexual assault. 

Do you know your rights? 

When do I call an attorney? 

What should you do when accused of sex assault in Texas?

Click here to read about past cases. 


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