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Crime Houston and Texas Lawyers & Attorneys

Texas Law & Sexual Assault; An Overview

Sexual assault is expressly defined under the Texas Penal Code Section 522.021. The Section also contains what propels an assault case to be an aggravated sexual assault. This offense is considered more serious compared to the normal assault. It brings with it a heightened punishment. Attorney Jack B. Carroll, a lawyer that’s consistently seen at the Harris County Criminal Justice center defending people with aggravated sexual assault cases, believes that most people that are accused of a crime involving sex are assumed to be guilty and are in dire need of an experienced criminal defense lawyer.

Sexual assault victims have a lasting damage that often traps them in the same actions mentally. Did you know that psychological injury might be more worse compared to physical injury? If you’re convicted criminal, you’ll often be put on a registry of a sex offender. These crimes normally last ages. They last their entire lives both in the system and on paper.

Aggravated Sexual Assault

And The Texas Penal Code

Under the Texas Penal Code, sexual assault happens when an individual recklessly, knowingly or intentionally causes harm to another individual and/or threatens to harm another individual via sexual attack without his or her consent. In contrast, this offense comprises of the mens rea of knowingly or intentionally. Consequently, there’s no conviction of you only acted recklessly. Moreover, aggravated sexual assault consists of oral, anal, or vaginal penetration.

Sexual offense with physical attack

Serious forced physical attacks coupled with sexual offenses have a tendency to have heightened penalties when convicted. Most factors might contribute to more serious crimes. Attempting to kill someone or brutally harming an individual physically is considered severe. The other serious offense one can commit under this law is planting fear in a victim in such a way that they fear for their life. The state of fear such as kidnapping might be constant or momentary. Committing these acts with multiple partners or with a partner might cause a higher penalty when convicted.

You might incur additional punishments if you use drugs for sexual escapades involving the disabled, old or young.

What about the consent of the victim?

According to the law in Texas, one gives up his or her consent when he or she is threatened. The fear of lasting damage, dying, or being hurt forces an individual to think about surviving only. When someone is required to take part in such actions, the law doesn’t consider it as consent or permission. The threat of potential harm usually looms over them. If the object of harm has connection with an attacker or not, any negative response to prospective sexual acts is normally considered inconsequential.

Defenses to Sex Crime Allegations

Here are some of the defenses against this offense:

  • The defendant was the child’s spouse when the offense was committed
  • The defendant wasn’t any more than 3 years older than a child when the offense was committed
  • The said conduct comprised of medical care for a kid

Sentences and Penalties

Typically, a sexual assault is a 2nd degree felony. It carries a sentence of 2 – 20 years inside a state prison and/or $10000 in terms of fine. Nonetheless, a judge might elevate the crime to 1st degree felony if a victim was with an individual whom a defendant was forbidden from marrying or living under a marriage with the victim. A 1st degree felony in this state is punishable by 5 – 99 years inside a state prison and/or $10000 in terms of fine.

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Crime Houston and Texas

Sex Crimes, Texas, and the Consequences

False Claims of Sexual Assault/Rape in Houston

When a person is convicted of a sex crime, sexual assault, rape, or a sex offender violation, they can face long stints in the prison system if convicted. Keep in mind that the State of Texas takes pride in locking people up and throwing away the key. This is especially true when it comes to sex crimes and cases involving child pornography.

When an adult is accused of sexual assault by a child, people assume they’re guilty because they feel that “the child has no reason to lie”, but they do. It happened to me. My nephew somehow came up with the idea that I sodomized him, while the claim never reached law enforcement, I was left to wonder how it might have turned out if my family didn’t trust me. I’m not a homosexual and I don’t come off as such, but still, I’m glad they trusted me. My biggest concern was, did something happen to him? How did learn of such actions? Oh well, that’s another story for another day.

But yes, children do lie. All the time.

The Many Consequences of Sex Crimes

Aside from being convicted, jailed, and stuck with a criminal record that states “you’re a sexual deviant”, you’ll also lose the respect of all the people around you, and life in the civilized world presents new levels of difficulty. When a person is accused of sexual assault, regardless of evidence or even if a person has been formally charged yet, the presumption of guilt rears it’s ugly head, and there’s nothing you can do about it. Even if you’re innocent.

If you’re ever accused of a sexual offense, contact a sex crimes lawyer in Texas that knows what he’s doing. You can win! Felony offenses are vigorously prosecuted in Texas.