“Accused” of Sexual Assault in Houston?
Call Jack B. Carroll & Associates Immediately
Sexual assault is a serious criminal offense that’s always categorized as a felony in the State of Texas. If you’re convicted or even accused of sexual assault, you can expect a nasty ripple effect throughout all areas of your life.
If you or a loved one are facing criminal charges in connection with “allegations” of rape, your best option is to secure aggressive legal representation as soon as possible.
If you’re facing criminal charges or being investigated for any sexual assault, call Jack B. Carroll & Associates immediately.
Houston criminal defense lawyer Jack B. Carroll is a Board Certified® criminal-law attorney with numerous strategies that have proved successful in defending people accused of serious sexual offenses. If you’re ready to fight back and take advantage of your rights, call our office today at 713-228-4607.
What is Sexual Assault, and How is it Prosecuted?
Sexual Assault (commonly referred to as rape) includes marital and statutory rape, along with child molestation. It is typically charged as a second-degree felony. If convicted, sentencing guidelines include a prison sentence that ranges from 2-to-20 years, a fine of up to $10,000.00 and a lifetime sex offender registration requirement.
Texas law defines sexual assault as any non-consensual sexual contact which involves penetration or contact with the victim’s sexual organs, anus, or their mouth. A suspect can also be charged with Sexual Assault if the suspect has sex with a mentally disabled person, unconscious, or the victim is incapable of understanding the situation or resisting the assault; the sexual assault standard as defined by the Texas Penal Code applies. Aside from more serious rape allegations, which are First-degree felonies, two prominent special applications of Texas rape laws involve the following.
- Marital Rape: Briefly stated, it is non-consensual, forced sexual activity between spouses, ex-spouses, or intimate long-term partners. Non-consensual sex can also include an inability to give consent when the victim is drugged, unconscious, threatened or otherwise coerced. But it gets worse if a male spouse is convicted of marital rape. His wife can sue him for damages in civil court.
- Statutory Rape: According to the Texas Penal Code, statutory rape occurs between an adult and a victim under the age of 17 other than his (or her) spouse. Moreover, statutory rape may involve seemingly “consensual” sex between the adult participant and minor “victim.” But since a minor by definition does not meet the state’s legal age of consent. The fact that the minor consented is not a defense for the adult; who then can be charged with sexual assault of a child. Statutory rape can occur in either heterosexual or same-sex situations so long as one participant is older than 17 years and the other is under 17.
Aggravated Sexual Assault
This is a First-Degree Felony. It occurs when the suspect seriously injures or attempts to murder the victim (or witness to the crime), or causes (or threatens) to seriously injure or kidnap the victim or any witness. It can also be charged if the suspect gives the victim any drug (Rohypnol, GHB, or Ketamine) which would render the victim defenseless. This crime can also be charged if the victim is elderly or disabled, under 14 years of age.
The Harris County District Attorney’s office typically (and aggressively) pursues Aggravated Sexual Assault charges if a weapon or violence was used in committing, or compelling the rape, or if the victim was elderly or disabled.
Special circumstance charges of Aggravated Sexual Assault are also filed in either of the following scenarios.
- “Date Rape:” This charge can also include “acquaintance” rape when neither person is specifically dating, but do know each other. The man allegedly put something in his “companion’s” drink to incapacitate or render her unconscious. Then, after the pair is in a secluded location, he has sex without the victim’s consent because she is unable to say “no” or resist his advances. He allegedly gave her one of several drugs in order to commit the assault, all of which come in pill, liquid, or powdered form: Rohypnol (“roofies”), Gamma hydroxybutyric acid (GHB, or liquid ecstasy), or Ketamine (Special K). It
- Sexual Abuse of a Child (Molestation): This happens when the perpetrator is 17 years or older and the victim is under 14. There are several acts which fall into this classification of “sexual abuse:”
- Engaging in sex that harms a child’s mental, emotional, or physical welfare
- Not taking “reasonable action” to stop sexual conduct involving a child
- Compelling or urging a child to engage in a sexual act
- Causing, permitting, encouraging, engaging in, or allowing the filming or depiction of a child engaging in obscene or pornographic behavior
- Allowing (or enabling) sexual performance involving a child
Aggravated Sexual Assaults (again, a First-degree felony) can lead to a prison sentence of up to 99-years, a fine of up to $10,000.00, and if ever paroled, mandatory registration as a lifetime sex offender.
And if the defendant sexually assaulted a child under the age of 6 or used violence to rape a child under the age of 14, a mandatory 25-year minimum prison sentence awaits the convicted suspect.
This is why when you stand accused of any form of sexual assault, you must have a seasoned criminal defense expert for you even to hope to keep your freedom.
Accused of Sexual Assault in Houston, TX?
Reach out to Board Certified® Lawyer Jack B. Carroll Immediately!
In Texas, sexual assault is a very harshly prosecuted. One criminal charge against an innocent person can be made for spite, libel, guilt “the morning after” after consensual sex or as a result of legal disputes involving the family.
If you, a relative, or another loved one is facing criminal charges stemming from an alleged sexual assault or other sex crime in Houston, we’ll help you. Jack B. Carroll & Associates will meet with you anywhere, anytime, to hear your story and discuss your options.
We’ve successfully represented innocent defendants as well as those who may be guilty of the charge.
Depending on the circumstances of the case, the prosecutors may have a weak case against you. This is another very important reason to retain experienced criminal legal representation. Even if you intend to plead guilty, legal representation by Jack B. Carroll & Associates could be the difference between serving the minimum sentence and the maximum.
If you’re innocent, our stringent investigation will leave no stone unturned to prove your innocence, and relentlessly push for a complete dismissal of your case. Call us today at 713-228-4607.
Click here to see a list of sex crime cases where we’ve achieved positive results for our clients.
Houston Defense Lawyer for Sexual Assault Cases
Jack B. Carroll & Associates
RESOURCES (The links below may direct you away from this website.)
- Texas Penal Code Chapter 21: Sexual Offenses
- Houston Chronicle: Texas Sex Abuse Exonerations
- HPD: Sex Crimes Division
- Reason: False Sex Crime Accusations Destroys Family, Legally
- Harris County DA: Victim Resources
- Texas Association Against Sexual Assault