Have you been charged with sexual assault in San Marcos, TX? Sexual assault is one of the most serious crimes under Texas law, and a conviction can lead to substantial prison time and considerable fines. Don’t make the mistake of facing these charges alone, as you need dedicated legal representation to protect your freedom, reputation, and future. Contact the Law Office of Case J. Darwin, Inc. for an initial case evaluation to discuss how our firm can help you seek a favorable resolution to your sexual assault charges.
Understanding Texas’s Sexual Assault Laws
In Texas, a person commits the crime of sexual assault when they intentionally or knowingly:
- Cause the penetration of another person’s sexual organs or anus without their consent
- Cause the penetration of another person’s mouth with the perpetrator’s sexual organ without the other person’s consent
- Cause another individual’s sexual organ, without that individual’s consent, to penetrate the mouth, anus, or sexual organs of another person, including the perpetrator
A person can also commit sexual assault if they intentionally or knowingly:
- Cause the penetration of the anus or sexual organ of a child by any means
- Cause the penetration of a child’s mouth by the perpetrator’s sexual organs
- Cause a child’s sexual organs to contact or penetrate the mouth, anus, or sexual organs of another person, including the perpetrator
The sexual assault statute defines a lack of consent to occur when:
- The perpetrator compels the victim to submit or participate in a sexual act using physical force, coercion, or violence.
- The perpetrator compels the victim to submit by threatening to use force or violence or to cause harm to the victim, and the victim believes the perpetrator can execute that threat.
- The victim has not consented, and the perpetrator knows the victim is unconscious, cannot physically resist, or does not know that the sexual assault has occurred.
- The perpetrator knows that, due to a victim’s mental disease or defect, the victim cannot understand the nature of a sexual act or resist it.
- The perpetrator intentionally impairs a victim’s ability to understand or control their conduct by administering a substance without the victim’s knowledge.
- The perpetrator compels the victim to submit or participate in a sexual act by threatening to use force or violence against another person.
- The perpetrator holds a position of authority, such as a public servant, law enforcement/corrections officer, clergyman, coach, tutor, or caregiver, and uses that position to coerce or force the victim to submit or participate in a sexual act.
Penalties for a Sexual Assault Conviction in San Marcos
Texas law grades sexual assault as a second-degree felony but raises the grading to a first-degree felony if the law prohibited the perpetrator from marrying the victim or if the perpetrator committed sexual assault against a blood relative. However, sexual assault that only involves a lack of consent from the victim may constitute a state jail felony. Penalties for sexual assault convictions can include:
- State jail felony: 180 days to two years in state jail, plus a potential fine of up to $10,000
- Second-degree felony: A prison term of two to 20 years, plus a potential fine of up to $10,000
- First-degree felony: Life imprisonment or a term of five to 99 years, plus a potential fine of up to $10,000
A sexual assault conviction can have other long-term consequences beyond prison time and fines. Defendants convicted of sexual assault will also face sex offender registration requirements that require them to report regularly to law enforcement to provide information such as their address and employment. A conviction will also result in a criminal record and a stigma that can make it challenging for a convicted defendant to seek employment, housing, and educational opportunities.
Defenses to Sexual Assault Charges
Common defense strategies used in sexual assault cases include:
- Consent: Many sexual assault cases turn on the issue of consent, with a defendant arguing that the victim gave valid consent to the sexual act.
- Mistaken identity: A defendant may pursue a mistaken identity defense by challenging the victim’s or an eyewitness’s identification or contesting the reliability of DNA or other forensic evidence purportedly linking the defendant to the assault.
- Alibi: Defendants may present evidence proving they were elsewhere when the alleged sexual assault occurred.
- Fabrication: A defendant might argue that an alleged victim fabricated their allegation of sexual assault, motivated by a desire for retribution against the defendant or to obtain an advantage in a divorce or child custody case.
- Lack of intent: Defendants may claim that they did not have the required culpable state of mind to commit sexual assault.
- “Romeo and Juliet” defense: A defendant may assert an affirmative defense to a charge of sexual assault of a child if the defendant was not more than three years older than the child who was 14 or older.
Defense strategies in sexual assault cases may also seek to exclude evidence from the prosecution’s case by asserting that investigators obtained evidence or statements through an unlawful search or interrogation that violated the defendant’s rights.
How Can a Sexual Assault Lawyer Help You?
When you face a sexual assault charge, a criminal defense attorney from the Law Office of Case J. Darwin, Inc. can help you seek a positive outcome to your case by:
- Thoroughly investigating your case to obtain all available evidence, rather than simply relying on evidence turned over by prosecutors
- Evaluating the facts and evidence in your case to identify possible defense strategies
- Helping you make informed decisions at each step of the case and preparing you for what to expect during the prosecution
- Vigorously contesting the prosecution’s case at each step, including filing motions to exclude evidence or dismiss your charges, if possible
- Advocating on your behalf in court and at trial when you choose to fight your charges or maintain your innocence
Contact a Criminal Defense Attorney Today
If you’ve been charged with sexual assault in San Marcos, get the experienced legal advocacy and support you need to protect your rights, reputation, and future. Contact the Law Office of Case J. Darwin, Inc. today for a confidential consultation with a knowledgeable criminal defense lawyer to discuss your legal options for pursuing a favorable outcome to your sexual assault case.
