Sexual Assault Defense Lawyer in Texas
Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas
Allegations of sexual assault 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.
If you or someone you love has been accused or charged with a sex offense in Texas, it is crucial to consult an experienced sexual assault defense lawyer immediately. The attorneys of Stuckle & Associates PLLC work diligently to protect our clients’ rights, especially when falsely accused. Contact us today for a free consultation to discuss your options and the best defense strategies for your case.
Were You Accused of Sexual Assault? Here’s What You Should Know
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 may even 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.
Stuckle & Associates PLLC focuses on sexual crime defense. We stand ready to take on even the most challenging cases. Clients can rely on us to take an aggressive stance against all charges and protect their rights.
On What Grounds Can an Adult Be Charged With Sexual Assault in Texas?
According to section 22.011 of the Texas Penal Code, an adult 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.
How Is Sexual Consent Defined 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.
Common Defenses to Adult Sex Assault Charges
In certain cases, a lawyer can help identify the best possible legal strategies for your unique situation. It is imperative to discuss the specifics of your case with an attorney who is experienced at handling sex crime allegations, as the following defenses are not applicable to every situation:
- False allegations
- 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 offender was suffering from a legitimate medical condition that impaired their judgment, the act would not be able to be prosecuted as a criminal offense.
What Are the Potential Consequences of a Sexual Assault Conviction?
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.
Contact Our Firm Today for a Free Consultation to Discuss Your Rights and Legal Options
If you have been charged with committing rape or any other type of sexual offense on an adult, contact Stuckle & Associates PLLC as soon as possible. Paul Stuckle is an aggressive criminal lawyer who will make every effort to fight the accusations against you. Schedule a free consultation today at (972) 423-4405 or online so we can help you determine the best strategy for your defense.