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SEXUAL
ASSAULT
Internet Sex
Crimes | Sexual Assault |
Indecency with a Child
Public Lewdness |
Indecent Exposure
Sexual Assault Defense - San Antonio - Bexar and
Surrounding Counties
Sexual assault, commonly referred to as rape, is a
felony that will bring very serious consequences and
penalties in Texas. Some other sexual offenses are
less serious. If you have been accused of a sexual
crime you need to contact a Texas criminal defense
attorney as soon as possible. Call the Texas sex
crime lawyers at Rush & Gransee to determine what
you need to do to protect your rights. Early
intervention by a criminal defense attorney can mean
the difference between a long prison sentence and
your freedom. You have rights and they need to be
aggressively defended.
If you are contacted by an investigator or police
officer who wants to take your statement you should
ask him what the purpose of the investigation or
interview is. Upon learning why the officer wants to
talk to you, tell the investigator that you are
undecided and need to talk to a lawyer first. Tell
the officer you will call him back. Immediately
contact a Texas sexual assault defense attorney to
discuss your rights and options. Do not talk to the
investigator or officer without first talking to a
criminal defense attorney. A criminal defense
attorney should be able to describe your options and
what action should be taken to protect you or other
family members.
Sexual Assault is commonly referred to as
rape. Sexual Assault can occur in many different
ways. One way in which a Sexual assault occurs is
when the sexual organ or anus of a child younger
than 17 years is penetrated. Sexual Assault also
occurs when the child’s various body parts are
contacted by an alleged perpetrators sexual organ.
Again, there are various affirmative defenses that
may apply when the perpetrator and child are near
the same age. The child cannot legally consent if
the actor is more than three years older than the
child. If the victim is an adult the usual issue is
consent. Did the victim consent to the sexual
contact?
There are eleven factual scenarios listed in the
Texas Penal Code where any consent obtained is not
valid. There are various people that cannot legally
consent and sexual contact with them is criminal. As
an example a mental health provider cannot obtain
consent from a former patient by exploiting the
other person’s emotional dependency.
An employee of a primary or secondary school cannot
have any sexual contact with a student. This
prohibition was enacted in the Texas Penal Code in
2003. This is an absolute prohibition. It obviously
was enacted because of the publicity that resulted
from the few cases of female teachers having sexual
relationships with young male students. However, the
statute would appear to criminalize a younger
employee of a school having a sexual relationship
with an older student.
Most sexual assaults described above are second
degree felonies. Second degree felonies can result
in a prison sentence of up to 20 years. Furthermore,
a sexual assault conviction will require that you
register as a sex offender for the rest of your
life.
Aggravated Sexual Assault is more serious than
Sexual Assault. Sexual Assault becomes Aggravated
Sexual Assault when additional factors are present.
Additional factors can include: causing serious
bodily injury; placing a person in fear of death,
causing serious bodily injury or kidnapping;
exhibiting a deadly weapon; the victim is younger
than 14 years; or the victim is disabled or elderly.
If someone is placed on deferred adjudication,
regular probation, or sent to prison for a Sex
Assault they will have to register as a sex offender
for the rest of their life. A no contest plea with a
plea bargain for deferred adjudication will still
require lifetime registration.
Legislation being discussed may require a minimum
sentence of 25 years in prison for a sexual assault
conviction.
At Rush & Gransee, L.C. we will make sure that the
authorities and prosecutors respect your rights as a
United States citizen and defend you to the fullest
extent under the law. The lawyers at Rush & Gransee,
L.C. aggressively defend clients throughout Texas,
including San Antonio, Sequin, New Braunfels, Kenedy,
Floresville, Hondo, Junction, Cotulla, Boerne,
Uvalde and Wilson County, Bexar County, Guadalupe
County, Hays County, Kendal County, Kerr County,
Medina County, and Uvalde County.
Call to speak to one of our Texas sexual assault
defense lawyers if you are being investigated for a
Sexual Assault Crime in Texas or have been charged
with a Sex Crime in Texas. Call us at 210-223-9200
or toll free 1-888-501-9299 for an initial free
consultation.
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