San Antonio Sex Assault Defense Lawyers

In our society, there are few crimes that are more reviled than sexual assault. People who are accused of rape and other sex crimes are often treated as though they are guilty before they ever get their day in court. In reality, sexual assault charges are often based on little hard evidence and sometimes, completely false allegations.

A conviction for sexual assault can lead to a lengthy prison sentence, a steep fine, and a requirement to register as a sex offender for the rest of your life. Even if you aren’t convicted, being accused of sexual assault can negatively affect all aspects of your life. Getting a San Antonio sex assault lawyer involved early in the process can help to protect your rights.

Our law firm is committed to defending the constitutional rights of our clients, and providing a vigorous defense to anyone facing criminal charges. We offer free initial consultations to help you understand your options. If you decide to hire our firm, we’ll get to work right away putting together the strongest possible defense to combat the charges against you.

Types of Sexual Assault Charges

Sexual assault is a broad term that describes a number of different sex crimes. While sexual assault is often used as another word for rape, there are several different crimes that may be charged as a form of sexual assault. Under Texas law, these include:

• Sexual assault, which involves intentionally or knowingly engaging in sexual contact or sexual intercourse with another person without their consent;
• Indecency with a child by contact, which involves touching of the breast or genitals of a child, regardless of whether they knew the age of the child at the time;
• Aggravated sexual assault, which may be charged with a person commits the crime of sexual assault while either causing or attempting to cause serious bodily injury, using a deadly weapon, threatening the victim, or impairing the victim so that they are unable to consent.
• Indecency with a child by exposure, which involves allegations that an adult exposed themselves to a child, or exposed a child, with the intention to sexually arouse or gratify their sexual desires.
• Continuous sexual abuse of a child or children, part of Texas’ version of “Jessica’s Law,” may be charged whenever a person aged 17 or older commits two or more sexual acts against one or more children younger than 14 years of age within a 30 day time period or longer.
• Sexual performance by a child, which occurs when a person allows or encourages a child to participate in a sexual performance or engage in sexual intercourse.

According to data from the Texas Department of Public Safety, in 2019, 18,057 sexual assault incidents were reported to law enforcement in Texas. In most cases, the alleged sexual assault victims knew their abusers. The majority of these cases – 54% – involved allegations of sexual assault.

Given that victims often make allegations against people known to them – including acquaintances, family members, and romantic partners – sexual assault charges can be emotionally challenging for everyone involved. If you have been accused of sexual assault, you should reach out to a San Antonio sex assault attorney as soon as possible. 

Texas Sex Assault Law

In Texas, sexual assault is charged as a felony offense. To convict a person of sexual assault, a prosecutor must prove certain elements beyond a reasonable doubt. For the crime of sexual assault, these elements are:

1. A person intentionally or knowingly:
   1. Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
   2. Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
   3. causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
2. Regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
   1. Causes the penetration of the anus or sexual organ of a child by any means;
   2. Causes the penetration of the mouth of a child by the sexual organ of the actor;
   3. Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
   4. Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
   5. Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

In certain circumstances, sexual assault charges may be elevated from a felony in the second degree to a felony in the first degree. Generally, this occurs when the alleged victim was particularly vulnerable (such as an elderly person or a child), when violence or threats of violence were used, or when the defendant was in a position of trust (such as a teacher). 

The elements of each type of sex crime are slightly different. For example, to be convicted of indecency with a child by contact, a prosecutor must prove that an adult engaged in sexual contact with a child under the age of 17, or exposed their anus or genitals to a child for the purpose of sexual gratification.  Your legal team can work with you to help you understand the exact nature of the charges against you, along with any potential defenses to these sex crime charges.

Importantly, a prosecutor must prove each element of the crime in order to secure a conviction. A skilled criminal defense lawyer can often use their knowledge of the law and the specific facts of the case to fight back against these criminal charges – and potentially have the charges reduced or dismissed, or get a not guilty verdict at trial.

Penalties for Sexual Assault in Texas

The penalty for a sexual assault conviction in Texas depends on the charge involved. Typically, a conviction on sex crime charges will result in significant jail time, a hefty fine, and a requirement to register as a sex offender. 

Most sexual assault crimes are charged as a second-degree felony, although there are circumstances where the charge may be increased to a first-degree felony. Some offenses, such as indecency with a child, may be charged as a third-degree felony, based on the facts of the case. Your criminal defense attorney may be able to advocate with the prosecutor for a lower-level charge.

The potential penalty for a sexual assault conviction are as follows:

• First-degree felony: 5 to 99 years imprisonment, fines of up to $10,000
• Second-degree felony: 2 to 20 years imprisonment, fines of up to $10,000
• Third-degree felony: 2 to 10 years imprisonment, fines of up to $10,000

For aggravated sexual assault, the minimum sentence for a first-degree felony is increased to 25 years if the victim is against a child.

Beyond jail time, perhaps the most significant consequence of a conviction for sexual assault is the requirement to register as a sex offender. The Texas Sex Offender Registration Program requires both juvenile and adult sex offenders to register with local law enforcement in the city or county where they live, and periodically report to local law enforcement. Failure to comply with these rules can result in prosecution.

Information regarding sex offenders is publically available in Texas, and some cities and towns even publish lists of known sex offenders on a website. They may even notify residents that a sex offender lives in the community. This can make it incredibly difficult for a person convicted of sexual assault to move forward with their lives and get a fresh start.

The best way to avoid these consequences is to work with skilled San Antonio sexual assault lawyers who can build a strong defense to the charges against you. While each case is different, the only way to reduce the likelihood of jail time or being on the sex offender registry is to mount a vigorous defense to the charges against you.

Defending Against Sexual Assault Charges

There are several possible defenses to a sexual assault charge. If you have been falsely accused of a sex crime, our legal team will work with you to develop a strong defense to the charges against you. In some circumstances, we may even be able to convince prosecutors to not pursue charges based on weak evidence or other factors.

If the case does move forward, then we will examine every possible angle to determine the best defense. Potential defenses may include:

• Actual innocence: you were misidentified, you have a solid alibi, or you were falsely accused out of anger or a desire for revenge.
• Consent: the alleged victim consented to sexual intercourse.
• Illegally obtained evidence: if the police violated your constitutional rights in obtaining evidence against you, such as through an illegal search or continuing to question you after you asked for an attorney, the evidence may be suppressed.
• Motive: the alleged victim or another party has a reason to make a false allegation against you, such as a nasty breakup or a child custody dispute.
• Mental state: you did not act knowingly or intentionally

As with all criminal cases, a defense in a sex crimes case is incredibly fact-specific. A San Antonio sex assault lawyer will listen to your story and then dig into the facts of the case to determine possible defenses. For example, if you are accused of using violence to compel someone to engage in sexual intercourse, we may be able show that you did not actually hurt or threaten to hurt the alleged victim.

If you have been charged with any type of sexual offense, it is important to hire a criminal defense lawyer with extensive experience handling these types of cases. Defending against a sex crime charge requires skill, legal knowledge, and the ability to make your case without making a judge or jury think that you are blaming or bullying the victim. Our law firm will fight for your rights, and work to help you achieve the best possible outcome for your case.

Facing Sex Crimes Charges? Give Us a Call.

Being accused of any crime can be scary. When you are accused of a sexual assault offense, the stakes are even higher. In this situation, you will need a lawyer who will aggressively advocate for you.

At Hunter, Lane & Jampala, we represent clients who have been charged with all types of crimes. For each case, we work hard to help our clients get a favorable outcome. To learn more or to schedule a free case evaluation with a San Antonio sex crimes lawyer, give us a call at 210-202-1076 or fill out our online contact form.