Sexual Assault Charge? How to Beat Your Case! (2022)
Sexual Assault
Under Texas law, sexual assault of an adult is committed in three different ways, all of which involve you acting intentionally or with the knowledge that you are engaging in the act without the other person’s consent: (1) penetrating the anus or sexual organ of another person; (2) penetrating the mouth of another person by your sexual organ; or (3) causing the sexual organ of another person to penetrate your or another person’s mouth, anus or sexual organ.
Aggravated Sexual Assault
There are certain instances in which sexual assault is considered aggravated:
• You cause serious bodily injury or try to cause the other person’s death
• You cause the other person to fear that they or someone else will become a victim of trafficking, serious bodily injury, or death
• You use or exhibit a deadly weapon
• You and others join to commit the act
• You drug someone or otherwise impair their ability to resist
• The other person is a child who is under 14 years old or an elderly or disabled person
Possible Defenses
First, the prosecutor must show that you know or intend to commit the offense.
You could have done something inappropriate or aggressive, but this does not automatically make it indecent assault, sexual assault or aggravated sexual assault.
The prosecutor might not have any direct or indirect evidence that goes towards your knowledge or intent. If there is a legitimate question as to your knowledge or intent, then you should be found not guilty by a jury.
Also, even if you commit an act which might be deemed sexual assault, you could mount a defense to prosecution in the following situations:
• You are the spouse of the child
• You are no more than three years older than the child andat the time of the offense, you are not required to register as a sex offender for life or otherwise required to report a past conviction or adjudication for sexual assault or another sex crime
• The child is 14 or older and someone who you are not precluded from marrying or having sex with
If the incident concerns a child, then it is possible for you to defend on the grounds that you are administering medical care on the child and that this medical care does not consist of making contact between the anus or sexual organ of the child and your or another person’s mouth, anus, or sexual organ.
Texas Sexual Assault Defined
Texas defines sexual assault as one of three acts committed either non-consensually or in contexts in which the victim is unable to give consent:
• Sexual penetration of the victim with the defendant’s sex organ or another object
• Causing the victim’s sexual organs to penetrate either the defendant or a third party
• Oral sexual contact of any kind
“Non-consensual” refers to sexual contact by physical force or other means of coercion.
When a victim is unable to give consent, the act is still considered sexual assault even if it was not forcible.
These are scenarios in which a victim is legally identified as being unable to give consent:
• The victim is severely intoxicated and unable to resist sexual contact or incapable of understanding and consenting to sexual conduct
• A profound intellectual disability prevents it
• When a minor child is under 14 years old, or under 18 and at least five years younger than the defendant
• Any time a victim is the defendant’s patient in a health care setting
Charges may be elevated to aggravated sexual assault when an offender inflicts severe bodily injury or attempts murder - or even threatens the victim in a way which causes fear of kidnapping, harm, injury, or death.
If the defendant employed the aid of a co-conspirator or a narcotic like Rohypnol (also known as the “date rape drug”) or Ketamine, they will likely face enhanced charges, as well.
Additionally, any time a victim is less than 14 years old or considered elderly or disabled, one can expect elevated charges and enhanced penalties.
The Fulgham Law Firm is a dedicated criminal defense firm with proven results. We protect the rights of the accused through assertive and effective representation. Founder Brandon Fulgham - a former prosecutor - is well versed on strategies that prosecutors might use against you. He knows what defensive strategies to use given your unique needs and circumstances. If you have been accused or charged with a sex crime, call (817) 877-5200 or contact us online for a free consultation.
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00:00 How To Beat A Sexual Assault Charge In Texas
01:50 What Is Indecent Assault
02:50 What Is Sexual Assault
04:00 Examples of Sexual Assault
06:31 Aggravated Sexual Assault
08:20 Defenses To A Sexual Assault Case
09:10 Punishments of Sexual Assault Charge
10:40 We Can Help You!
14 авг 2024
