In Texas, sexual assault and rape are the same charge, and it is a very serious criminal offense. A conviction can lead to a prison sentence, steep fines, and challenging social consequences, making getting your life back on track extremely difficult.
If you are facing a sexual assault charge, you shouldn’t wait to consult with a dedicated Round Rock criminal defense attorney who has a wealth of experience successfully guiding complex cases like yours toward favorable resolutions.
An Assaultive Offense of a Sexual Nature
The act that’s generally classified as rape throughout the rest of the country is considered an assaultive offense of a sexual nature in Texas. Sexual assault charges apply to all the following:
Intercourse or penetration without the other person’s consent
Sex with someone who can’t consent due to either disability or mental incapacity
Intercourse, penetration, or sexual contact with a minor, which is anyone who is under the age of 17
Sexual acts that are coercive
The charge of sexual assault can be elevated to aggravated sexual assault if any of the following apply:
The accused causes the victim to suffer serious bodily injury.
The accused attempts to cause the victim’s death.
The accused makes the victim credibly fear being killed, kidnapped, or seriously injured,
The accused uses or brandishes a deadly weapon during the commission of the sexual assault.
The accused uses a date rape drug in the commission of the sexual assault.
The victim is over the age of 65, is younger than 14 years old, or is disabled.
Statutory Rape
Statutory rape applies when the sex is consensual, but one party is at least 18 years old, and the other is not yet 17. Even with consent, this scenario is illegal because the victim can’t consent in the eyes of the law.
However, there is an exception in Texas and many other states commonly called a Romeo and Juliet law. If the defendant is no more than 3 years older than their consenting partner and the consenting partner is at least 14 years old, the statutory rape charge doesn’t apply.
Marital Rape
Until 1994, there was a legal exception for marital rape. Today, sexual assault between any two people is illegal – regardless of their relationship. As such, marital rape carries the same legal weight as rape between two strangers. While there is no specific marital rape law, sexual assault laws apply across the board, which includes all the following:
Between married couples
Between romantic partners
Between heterosexual or same-sex couples, strangers, or acquaintances
Sexual assault is illegal regardless of who the perpetrator is and who the victim is.
Public Lewdness
Public lewdness refers to acts that involve sexual contact, intercourse, sexual deviancy, or bestiality, but they don’t have to occur in public to qualify. If the act is committed in the presence of others who are likely to find it offensive, the charge can stick.
Having consensual sex in public – or someplace where others may come upon the couple – is a form of public lewdness and so are other public acts, such as indecent exposure.
Child Pornography
Illegal activities that target children are clearly defined in the State of Texas, and this includes child pornography. Child pornography refers to any depiction of a minor who is not yet 18 years old involved in a sexual act or behavior. Charges and attendant penalties include all the following:
Hiring someone who is under the age of 18 to work in an environment that is sexual in nature or in an environment that requires them to be partially or completely nude – or allowing a minor to work in such an environment – is a Class A misdemeanor that can lead to a sentence of up to a year in jail and fines of up to $4,000.
It is a third-degree felony to possess child pornography, which carries from 2 to 10 years of prison time and up to $10,000 in fines.
Creating or promoting sexually explicit material depicting a child can lead to third-degree felony charges, and a conviction carries from 2 to 10 years in prison and fines of up to $10,000. If the child depicted is under the age of 14, the charge can be elevated to a second-degree felony.
It is a second-degree felony to possess child pornography with the intention of distributing it, and a conviction can mean from 2 to 20 years behind bars and fines of up to $10,000.
Paying, coercing, or forcing a child who is not yet 18 to engage in a sexual performance or in sexual conduct is a second-degree felony, but if the child is under the age of 14, it elevates the charge to a first-degree felony, which carries 5 to 99 years in prison and fines of up to $10,000.
Revenge Porn
It is also against the law to distribute sexually explicit or intimate photos of someone else without their permission. Doing so is often referred to as revenge porn – or image-based sexual abuse – and it’s usually intended to embarrass, publicly humiliate, or harass the person depicted and who did not provide consent. Revenge porn charges apply in all the following situations:
The person distributing the photo doesn’t have the consent of the person depicted.
The visual depiction was created under circumstances in which the victim reasonably believed privacy would apply, such as within the confines of an intimate relationship.
The distribution of the material reveals the depicted person’s identity via any means, including a third party's response.
The accused intentionally uses disclosure of the material as a credible means of threatening the person depicted.
The accused promotes the material on a website or another publication platform that they own and operate.
Revenge porn is illegal even if the person depicted gave the material to the accused, created the material, or consented to the material being created.
The Texas Sex Offender Registry
In addition to serious legal penalties and fines, sex crimes come with harsh social consequences, and one of the most challenging is inclusion on the sex offender registry. This registry amounts to a database of every sex offender’s personal information. This information is a matter of public information; in many cases, it is stored permanently.
Many sex crimes require mandatory registry, including:
Sexual assault and aggravated sexual assault
Indecency with a child
Sexual performance by a child
The compelling of prostitution
Possession or promotion of child pornography
Aggravated kidnapping – when sexual abuse is the intent
Burglary that’s coupled with sexual assault
Unlawful restraint or kidnapping – when sexual abuse is the intent
A second conviction for indecent exposure
Online solicitation of a minor
The Texas registry has four levels based on the risk that the offender poses to society at large. The greater the person’s risk of reoffending, the higher they climb on the registry.
When the individual is deemed a sexual predator or is convicted of a violent sexual crime, the registry requirement is permanent. All others must remain on the list for 10 years, which begins upon their release from prison.
Tier 1: The Low-Risk Offender
Offenders on Tier 1 aren’t judged to pose a serious risk to the public. The kinds of acts that can land an offender on Tier 1 include prostitution with a consenting adult or indecent exposure.
Tier 2: The Moderate-Risk Offender
Those who are included in Tier 2 have been convicted of repeated minor criminal sexual acts, such as indecent exposure, or of a more serious offense, like sexual assault or aggravated sexual assault. Offenders at this level have generally served at least a year in prison and are believed to pose a moderate risk to the public.
Tier 3: The High-Risk Offender
Those on tier 3 of the registry are thought to pose a serious risk to the public because they are more likely to continue committing sexually based crimes. These high-risk offenders generally include those who have committed multiple acts of sexually based violence or have committed sexual acts with a child under the age of 12.
The Civil Commitment Population
In rare instances in which a repeat offender of sexually violent crimes has served their sentence but is deemed to be a sexual predator with an abnormal predisposition to continue offending, they will be classified in the civil commitment population. This requires close monitoring by law enforcement, outpatient counseling, and careful supervision.
Your Rights
If you are charged with a sexually based crime, it’s very important to keep in mind that you have rights, and they are well worth protecting. You’re experiencing a very stressful situation, and keeping complex legal rules and regulations straight isn’t easy. By committing your basic rights to memory and invoking them when you need them, you do yourself and your case a favor.
The Right to Remain Silent
If you’re charged with a crime, the police are required to inform you of your right to remain silent, but they have no such obligation before you’re arrested or charged. If neither is true, you needn’t submit to an interview and can leave at any time, which is generally advised, but the police may not be in a hurry to give you a heads-up on this point.
However, if you have been arrested or charged, it’s time to invoke your right to remain silent. The police have skills when it comes to eliciting statements that come back to haunt defendants. The surest means of safeguarding your legal rights is letting the police know you won’t be talking and then remaining silent.
The Right to an Attorney
If you are arrested or charged with a crime, you have the right to an attorney, and the police are required to inform you of this. Invoking your right to an attorney sooner rather than later is always to your advantage. Having a skilled attorney on your side from the start can mean the difference between an advantageous case resolution and an outcome that is less so.
The Burden of Proof
The burden of proof required to convict someone of a sexual crime – or of any criminal charge – is beyond a reasonable doubt. While this doesn’t mean that the jury must be 100% convinced that the accused is guilty, they must find that the defendant’s guilt is the only logical explanation for the charge at hand.
The case will falter if the state can’t prove even one element of the charge beyond a reasonable doubt. In order to hand down a guilty verdict, juries are required to be very confident that they have the right person, which means there is room to build a strong defense – and demonstrate reasonable doubt.
The Police Are Not Necessarily Telling You the Truth
The police are afforded considerable latitude when it comes to interviewing those who have been arrested or charged with a crime. They may tell you they have evidence against you that they don’t actually have or try to convince you that confessing will work in your favor. Sticking to your right to remain silent and holding out for an attorney is always the best policy.
Make the Call to an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is a well-respected criminal defense attorney who has an impressive record of guiding challenging cases toward optimal outcomes. To learn more, please don’t hesitate to contact or call us at 254-781-4222 and schedule your free consultation today.
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