Sexual Assault on Adult
Allegations of sexual assault in Texas are very serious and can result in severe repercussions, even when they are false allegations or accusations. For example, if an individual is convicted of this offense, they can face damage to their reputation, public humiliation or embarrassment, jail or prison time, fines, an inability to own or possess a firearm, requirements to register as a sex offender, ineligibility to apply for certain jobs or occupations, and/or a refusal to be admitted into certain graduate school or educational programs.
Sex assault charges can often result from false accusations or from situations of confusion. For example, an alleged offender may have believed they had the consent of the alleged victim, but the victim later claimed the sexual relations were not consensual. These types of allegations can often occur when one individual is trying to seek revenge on another person, to try and damage their reputation, or to seek some kind of bribe or monetary value.
If you have been accused of a sex assault offense on another adult, you do not necessarily have to face a conviction. A skilled sex crimes defense attorney in the Dallas / Fort Worth metroplex may be able to help you identify mitigating factors or defenses that can result in a dismissal or reduction of the charges against you.
Fort Worth Adult Sex Assault Lawyer
Contact Stuckle & Ferguson, PLLC for a consultation about your alleged sexual assault offense throughout the Dallas / Fort Worth Metroplex, including the areas of Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Grand Prairie, Mesquite, Denton, Lewisville, and Arlington. The attorneys of Stuckle & Ferguson are knowledgeable in all areas of Texas’ sexual assault laws and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact Stuckle & Ferguson for a free consultation today at (972) 423-4405 if you have been accused of committing a sexual assault offense throughout Dallas and Fort Worth.
Dallas Adult Sexual Assault Information Center
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Sexual Assault on an Adult in Dallas
According to section 22.011 of the Texas Penal Code, an individual can be charged with sexual assault if they intentionally or knowingly do any of the following:
- Contact another person’s mouth with a sex organ without their consent;
- Contact another person’s anus with a sex organ without their consent;
- Contact another person’s sex organ with a sex organ without their consent;
- Penetrate another person’s mouth with a sex organ without their consent;
- Penetrate another person’s anus with a sex organ without their consent;
- Penetrate another person’s sex organ with a sex organ without their consent;
- Penetrate another person’s sex organ or anus by any means without their consent; or
- Penetrate another person’s mouth with a sex organ without their consent.
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Sexual Consent Definition in Texas
Under Texas law, an individual does not have the consent of another person to engage in sexual contact or activity with that person if:
- The alleged offender administered a substance to the alleged victim without their knowledge that impaired them and did not previously have their consent;
- The alleged offender is an employee of a facility where the alleged victim is a resident;
- The alleged offender is a public servant, such as a law enforcement officer, who coerced the other person to submit due to their status;
- The alleged offender is a mental health services provider or health care services provider, such as a doctor or psychologist, who influenced a patient or previous patient to submit by exploiting their emotional dependency;
- The alleged offender is a clergy-man who influenced the alleged victim to submit by exploiting their emotional dependency;
- The alleged offender threatens to use force or violence against the alleged victim or a third party;
- The alleged offender uses physical force or violence;
- The alleged victim has a mental disability or defect that prevents them from consenting;
- The alleged victim is unaware the sexual act occurred or is occurring and did not give their prior consent; or
- The alleged victim is unconscious or physically unable to resist and did not give their prior consent.
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Arlington Defenses to Adult Sex Assault
In certain cases of sexual assault, your skilled defense lawyer may be able to help identify defenses that would apply to the facts of your situation. It is imperative to discuss your specific case with your lawyer, as the following defenses are not applicable to every situation:
- False allegations
- Mistake
- Coercion
- Alibi
- Duress
- Lack of knowledge or intent
Occasionally, an affirmative defense may be available to allegations of sex assault. An affirmative defense occurs when the alleged offender admits they committed the offense, but it is not a crime in their case because of a specific reason. For example, if the alleged offense was for a legitimate medical purpose, the act would not be able to be prosecuted as a criminal offense.
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Sexual Assault Penalties in Irving
The basic statutory penalties for sexual assault offenses are defined in Chapter 12 of the Texas Penal Code. In addition to the general jail or prison time and fines, an individual that has been convicted of sexually assaulting another adult may also be required to register as a sex offender with their local law enforcement authority for the remainder of their life, as defined in Chapter 62 of the Texas Code of Criminal Procedure.
- An individual that has been charged with a sexual assault offense on an adult can be convicted of a felony of the second degree, which is generally punishable by a fine up to $10,000 and/or a sentence of two to 20 years in prison. However, these penalties may increase if the alleged offender has a previous criminal history.
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Stuckle & Ferguson, PLLC | Dallas Sexual Assault on an Adult Attorney
If you have been charged with committing a rape or sexual assault offense on an adult throughout Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, Lubbock County, El Paso County, Bexar County, Nueces County, Webb County, Bell County, Travis County, Williamson County, Fort Bend County, Galveston County, Harris County and Montgomery County, contact Stuckle & Ferguson today. Paul Stuckle is an aggressive child sex crimes attorney in Dallas who will make every effort to fight the accusations against you. Contact Stuckle & Ferguson today for a free consultation at (972) 423-4405 or send an online message about your adult sex assault charges.