Sexual Assault
Sexual assault is a serious sex crime in Texas. A conviction for the crime can result in consequences that can include prison time, steep fines, registering as a sex offender and a negative impact on your relationships and career.
Allegations of such a crime can arise from a variety of situations and often stem from false accusations. Regardless, you will need the experience of a criminal defense attorney.
Texas Sexual Assault Attorney
The social stigma of being a sex offender is enough to damage your reputation. The Benken Law Firm is here to help you clear your name. Brian Benken has proven experience defending sexual assault in Harris County courts, and he will fight to achieve the best possible outcome for your situation.
Take the first step in building your defense today. Contact The Benken Law Firm. Brian Benken will use his experience as a certified private investigator to explore every option to increase the chances of reducing or dismissing your charges.
Brian Benken defends clients in every community throughout Harris County and surrounding counties such as Bellaire, Hunters Creek, Bunker Hill, West University Place, Houston, and many others in the surrounding area. Call The Benken Law Firm today at (713) 223 - 4051 to schedule a free case consultation.
Overview of Sexual Assault in Harris County, TX
How does Texas Define Sexual Assault?
Sexual assault, also referred to as rape, can occur when an individual knowingly and intentionally commits a prohibited sexual act without the consent of the victim. Sexual assault is used as a blanket term to describe a variety of prohibited sexual acts.
Laws regarding the crime are listed under Texas Penal Code 22.011. Texas law considers sexual assault as intentionally and knowingly doing the following:
- Penetrating the sexual organ or anus of another without their consent
- Penetrating the mouth with a sexual organ without the person’s consent
- Causing another person’s sexual organ to penetrate or come in contact with the mouth, anus or sexual organ of another without their consent.
Whether or not there was consent, an adult can be charged with statutory rape (sexual assault of a child) if she or he commits any of the mentioned acts on a child who is younger than 17. Under Texas law, a child is incapable of consenting to sexual activity until they are 17.
Sexual assault can be elevated to aggravated sexual assault under certain conditions. These conditions include:
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- A date rape drug was used
- The victim suffered serious bodily injury
- The offender used a deadly weapon while committing the crime
- The victim was placed in fear of death or serious bodily injury
The Issue of Consent
The main issue in sexual assault cases is consent. The Texas Penal Code considers the legal age of consent to be 17. The Penal Code also provides numerous provisions that allow a persecutor to prove the victim did not consent to sexual acts. Some of these provisions include:
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- The offender used a chemical or controlled substance without the victim’s knowledge to affect their power of control.
- The offender had the victim submit or participate in the sexual act through acts of physical force or violence
- Even if no physical force was used, the offender compelled the victim to participate or submit to the sexual act by threating to use violence of force
- The victim did not consent, and the offender knew the victim was unaware of the sexual assault taking place, even if no threat or coercion was used
- The offender knew the victim could not consent because they were unconscious or physically unable to resist.
Texas Sexual Assault Charges
Sexual assault is a charge that is not taken lightly in Texas. Penalties for the crime are some of the harshest of any criminal offense in the state. If convicted, you could be charged with a second-degree felony that can entail the following:
- Two to 20 years in prison
- Up to $10,000 in fines
- Mandatory lifetime registration as a sex offender
If you are convicted of sexual assault of a child, aggravated sexual assault or assault of a dependent or an employee, you will face elevated charges. The extent of the charges will depend on the circumstances of your case, but you could be charged with a first-degree felony and five to 99 years or life in prison.
Sex Offender Registration in Texas
Texas requires people to register as a sex offender if they were convicted of a certain sex offense such as sexual assault. Every person in the Sex Offender Registry program is assigned a Risk Level. The level is determined by the sex offender screening tool used by the Texas Department of Criminal Justice and the Texas Youth Commission, and the criminal court system.
- Level Three (High) — Level 3 categorizes sexual offenders that pose a severe risk to the community and are likely to continue to engage in criminal sexual offenses.
- Level Two (Moderate) – Level 2 categorizes sex offenders that are seen as a moderate danger to the people in the community and may continue to engage in criminal sexual offenses
- Level One (Low) – Level 1 categorizes sex offenders who are seen as a low risk to the greater community and have a low likelihood of engaging in criminal sexual offenses.
Additional Resources
Texas Penal Code | Sexual Assault– Visit the Texas Constitution and Statutes website to read the full text of the state statute that governs sexual assault. The code defines what is considered sexual assault as well as factors that could elevate the charge.
Texas Association Against Sexual Assault– The Texas Association Against Sexual assault is a non-profit organization that is committed to stopping sexual violence in Texas through advocacy, prevention and raising public awareness. TAASA claims to be a voice of the sexual assault movement in Texas.
Sex Offender Registration Program – Access the official website for the Texas Penal Code to view chapter 62 which constitutes the Sex Offender Registration Program. You can learn how many times you must register a year, and other important information.
Houston Sexual Assault Attorney | Harris County, TX
If you have been wrongly accused of sexual assault, it would be in your best interest to contact The Benken Law Firm as soon as possible. Brian Benken has proven experience defending sexual assault and will fight to protect your rights. He understands the legal system can be overwhelming and will walk you through every step.
Let Brian Benken represent you. Call The Benken Law Firm today at (713) 223 - 4051 to schedule a free case consultation. Brian Benken proudly defends clients in every community in Harris County and surrounding counties such as Weber, Pasadena, Piney Point, Humble and many more.
