SEX CRIMES: THE BASICS FOR SEXUAL ASSAULT CLAIMS IN TEXAS
Reach Out Today
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 MC Criminal Law 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 MC Criminal Law?
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
MC Criminal Law 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.
What should you do when accused of sex assault in Texas?
Click here to read about past cases.