Houston Sexual Assault Attorney

Skilled Legal Defense for Rape Charges in Texas

Sexual assault is a second degree felony in the state of Texas that carries sex offender registration if convicted. When your freedom and your future are on the line, turn to a Houston sexual assault attorney at The Law Offices of Jed Silverman.

Being accused of sexual assault can have profound personal and social repercussions. Beyond the legal consequences, individuals may face stigma, damage to relationships, and emotional distress. It’s crucial to have a supportive legal team that can help you through this challenging time, providing not only legal representation but also understanding the emotional toll such accusations can take.

Contact a Houston sexual assault lawyer for a free legal consultation. Call (713) 597-2221 or fill out our online form to get started.

What Is Sexual Assault in Texas?

Sexual conduct without the other person’s consent is sexual assault (Texas Penal Code Sec. 22.011[1]). The statute outlines a number of reasons for a rape accusation, including:

• Sex by way of physical force or violence
• Sex by the threat of force or violence
• Sex with someone who has not consented, while the actor knows that individual is unconscious or physically unable to resist
• Sex with someone who is not mentally capable of consenting
• Sex with someone who has not given their consent because they are unaware the assault is occurring
• Sex with someone after giving them a substance to impair them, without that person’s knowledge
• Sex by way of using status as a public servant to coerce participation
• Sex by way of using status as a mental health or health care services provider to coerce a patient to participate
• A clergyman who participates in sexual conduct with someone who regards him or her as their spiritual adviser

What Is the Age of Consent in Texas?

For the purposes of this statute, “child” is defined as “a person younger than 17 years of age.” If the accusations met the criteria for sexual assault, per Texas Penal Code Sec. 22.011, then an individual could face sexual assault charges for having even consenting sex with someone under the age of 17. Because the age of consent under this specific statute is 17, those younger than 17 are legally unable to give their consent to conduct of a sexual nature.

Sex Offender Registration for Sexual Assault in Texas

In Texas, sexual assault is listed as a “reportable conviction or adjudication.” This means that anyone convicted will have to register as a sex offender. The length of time depends on the type of offense, and in Texas, sexual assault qualifies for lifetime registration.

Penalties for Sexual Assault in Texas

The legal consequences for a sexual assault conviction can vary based on several factors, including the specifics of the offense, the age of the victim, and the defendant’s criminal history. In Texas, sexual assault is classified as a second-degree felony. This classification means that a conviction can result in:

• Imprisonment: A person convicted of sexual assault may face a prison sentence ranging from 2 to 20 years.
• Fines: In addition to imprisonment, the court may impose a fine of up to $10,000.

The penalties can be more severe if certain aggravating factors are present. Certain circumstances can elevate the severity of the charges, leading to harsher penalties. These may include use of force or threats, injury to the victim and repeated offenses. 

If the victim is a minor, the charges can escalate to more serious felonies, such as aggravated sexual assault, which is a first-degree felony, carrying even heavier penalties, including 5 to 99 years in prison.

Legal Defense Options We May Use

Defending against sexual assault charges involves several potential strategies, depending on the specifics of your case. Our experienced Houston sexual assault attorney can help you navigate these options:

• Challenging Consent: One of the most common defenses is proving that consent was given. This may involve gathering evidence such as witness statements, text messages, or other forms of communication that indicate mutual agreement.
• False Accusations: Sadly, false accusations can occur for various reasons, including personal grievances, revenge, or misunderstanding. An attorney can investigate the circumstances surrounding the accusation and uncover motives that may undermine the credibility of the accuser.
• Insufficient Evidence: In criminal cases, the prosecution bears the burden of proof. If the evidence presented is weak or circumstantial, it may not meet the legal standard required for a conviction. An attorney can scrutinize the evidence, identify weaknesses, and highlight inconsistencies in the prosecution’s case.
• Mistaken Identity: Sometimes, individuals are wrongfully identified as perpetrators. If there is a chance that you were mistakenly identified, your attorney can work to establish an alibi or provide evidence proving your presence elsewhere at the time of the alleged offense.
• Coercion or Intimidation: If the circumstances surrounding the accusation involve coercion or intimidation, it may be possible to argue that the accused acted under duress or was manipulated into committing the alleged act.

Turn to Our Houston Sexual Assault Defense Attorney for Help

Where do you turn for legal help when it doesn't seem possible to get a fair hearing? At The Law Offices of Jed Silverman, we still believe in people's constitutional right to a vigorous, effective legal defense. Attorney Jed Silverman has many years of experience investigating the facts beneath a sexual assault case. We look at the victim's motives for making the accusations. We look at the evidence the prosecution claims it has. We look at possible violations of your civil rights. As always, our focus is on getting the offense dismissed or reduced to a non-sex crime.

Our Houston sexual assault lawyer aggressively defends the rights and freedom of people accused of all types of sex crimes, including:

• Sexual rape
• Statutory rape, sex with a minor
• Indecent exposure, public lewdness
• Child sexual molestation or sexual abuse, child pornography
• Internet solicitation of a minor
• Prostitution and solicitation of prostitution

Speak With a Houston Sexual Assault Attorney

If the police have talked to you about allegations of sexual assault, don't assume they will go away. Get The Law Offices of Jed Silverman on your side. Mr. Silverman will advise you of your rights and inform you of the options that will be most beneficial to your case. Don't talk to the police until you talk to us.

Houston sexual assault defense lawyer Jed Silverman represents clients in courts throughout Texas. Right now, you need an experienced lawyer to protect your rights and your future.

Start by calling our Houston sexual assault lawyer at (713) 597-2221 or contact us online today.