From nonconsensual groping to forced sexual intercourse, sexual assault charges cover a wide range of sex crimes. The punishment you can expect to face if you’ve been charged with sexual assault will vary depending on the severity of your charges.
For those charges involving sexual assault, it’s important to understand the consequences under Texas law. Below, you can learn more about the charges and punishments for sexual assault in Texas from the team at The Law Office of John G. Perez Jr., San Antonio sexual assault defense attorney.
Key Takeaways
- You may face charges for sexual assault, aggravated sexual assault, indecency with a child, or other related charges.
- The lowest charge you’re likely to face for sexual assault offenses in Texas is a second-degree felony.
- You may face elevated charges if you are a health care services provider or if your case involved a child or the use of a deadly weapon.
- To reduce your charges, your sexual assault defense attorney can prove consent, undermine evidence, challenge accusations, establish an alibi, or use other methods.
What Counts as Sexual Assault?
Before we can explore the charges for sexual assault, we first need to establish what is considered sexual assault under the Texas Penal Code. Texas law has a special, strict definition of sexual assault under the law. In Texas, a sexual assault includes any form of nonconsensual sexual contact that involves sexual penetration or a special victim. Pentration may involve non-vaginal acts, known under Texas law as deviate sexual intercourse. Special victims include minors and individuals related to the accused.
With this in mind, simply contacting the mouth, anus, or sexual organ of another person without that person’s consent may not be a form of sexual assault. Instead, non-petrative assault would typically fall under indecent assault charges.
Acts qualifying as non-consensual include those performed by force, compulsion, or coercion. An act of sexual penetration is also non-consensual if the victim is, at the time of the sexual assault, incapable of understanding or resiting the act. This means that sexual pentration involving certain elderly or disabled individuals may be considered assault, regardless of verbal consent.
Common forms of sexual assault are listed below. It’s important to note that just because a type of sexual conduct isn’t included, that doesn’t mean that it is not a sex offense. There are many types of sex crimes, including prostitution and indecent assault or sexual battery, which are not a type of sexual assault.
Aggravated Sexual Assault
Aggravated sexual assault includes cases with added danger, such as physical force, serious bodily injury, or use of a deadly weapon. It also includes assaults on children under 14, the elderly, or people who otherwise can’t protect themselves. These sexual assaults are treated more seriously under Texas sexual assault law.
Indecency with a Child
This assault charge involves sexual contact and sexual acts involving people under the age of 17. It also includes exposing sexual organs to a child with the intent to cause sexual desire. Even if there is no penetration or intercourse, it is still considered sexual assault. Under statutory rapes laws, even if the underage person agreed to the act, it is still considered nonconsensual due to the power imbalance.
Continuous Sexual Abuse
This assault charge refers to repeated sexual acts on a child under 14 for 30 days or more. This pattern of abuse must involve multiple incidents and is treated as one of the most serious sexual assault charges in Texas.
Sexual Contact by a Health or Mental Health Services Provider
The law recognizes sexual assault offenses that involve the other person’s emotional dependency on the offender. When a mental health provider or other healthcare professional engages in sexual contact with a current or former patient, that is a type of assault. Offenders may include:
- Licensed professional counselor
- Psychologist offering psychological services
- Licensed social worker
- Special officer for mental health assignment certified by Texas
- Massage therapist licensed in Texas
- Chemical dependency counselor
- Licenced marriage or family therapist
- Advanced practice nurse licensed in Texas
- Physical therapist licensed by the state
- Physicians assistant licensed to practice in Texas
Even if the patient agrees to the acts, the law sees this as non-consensual because the provider has power over the patient. If you perform mental health services and engage in criminal sexual activity with a patient, you should get help from a lawyer to build a strong defense.
Improper Relationship Between Educator and Student
This type of case involves sexual contact between a teacher or school worker and a student. Even if the student is older than 17, it’s still considered sexual assault. The law states that students are not truly free to give consent due to the teacher’s power. If you’re facing a sex crime conviction involving a student-teacher relationship, getting help from a criminal defense attorney is key to defending your freedom and reputation.
What Is the Lowest Charge for Sexual Assault?
One common question that we are frequently asked by accused sex offenders is what is the lowest potential penalty for sexual assault crimes. In Texas, the lowest charge you’re likely to face for sexual assault is a second-degree felony. This is the minimum sentence for sexual assault in Texas.
It’s important to note that there are many circumstances in which second-degree felony charges are upgraded to a first-degree felony, including the use of a deadly weapon or serious bodily injury. To learn what charge you’re likely to face and how to reduce the charges against you for a sexual assault conviction, you should consult with a defense attorney.
What Are the Typical Charges for Sex Crimes?
With all this in mind, what are the typical charges for sex crimes? Below you can check out some basic information. Charges range from a misdemeanor sex crime up to a first-degree felony:
- Prostitution – Class B Misdemeanor
- Sexual Harassment – Class B Misdemeanor
- Indecent Assault – Class A Misdemeanor
- Solicitation – State Jail Felony
- Possession of Child Exploitation Materials – Third-Degree Felony
- Sexual Assault – Second-Degree Felony
- Aggravated Sexual Assault – First-Degree Felony
- Sexual Assault by a Mental Health Services Provider –
Keep in mind that the charges above are typically the miniumum you may face for each offense. Criminal acts involving children or those with a physical or mental disease that makes them mentally or physically unable to protect themselves from harm will result in higher penalties.
What Is the Punishment for Sex Crimes?
Determining the punishment for sex offenses will come down to the severity of the charges against you. In addition to things like sex offender registration and the loss of voting rights, the punishments for various sex crimes include:
- Class C Misdemeanor – Fines of up to $500, no jail time
- Class B Misdemeanor – Fines of up to $2,000 and up to six months in jail
- Class A Misdemeanor – Fines of up to $4,000 and up to one year in jail
- State Jail Felony – Fines of up to $10,000 and up to two years in jail
- Third-Degree Felony – Fines of up to $10,000, a mandatory minimum prison sentence of between two and ten years
- Second-Degree Felony – Fines of up to $10,000 and a mandatory minimum prison sentence of between two and twenty years
- First-Degree Felony – Fines of up to $10,000 and between five years and life imprisonment
In addition to the penalties above, those convicted of sex crimes in Texas are also typically required to register as a sex offender with the Department of Public Safety, often for life. This information is publically available online.
How to Get Sexual Assault Charges Dropped or Reduced in Texas
If you’ve been charged with sexual assault, there are ways to fight the charges, reduce the penalties, or even get the case dismissed completely. A skilled San Antonio criminal law attorney can use proven legal strategies to protect your future and weaken the prosecution’s case. We may use a plea bargain to reduce charges, or we may be able to fully undermine the case against you. Here’s how an experienced defense lawyer may help you get sexual assault charges dropped or reduced:
- Prove Consent — If the sexual act was consensual, your lawyer may be able to prove that no crime was committed. Text messages, phone records, or witness statements may support your defense.
- Argue the Evidence Is Too Old – For cases with victims over the age of 18, the statute of limitations on sexual assault cases is 10 years. If it’s been too long, your lawyer may argue that some evidence, such as first-hand accounts, may be less reliable.
- Establish an Alibi — Showing that you were somewhere else when the incident happened can be powerful. If the alibi checks out, it could lead to a full dismissal of charges.
- Challenge the Evidence — Weak or missing evidence can be a big advantage for your defense. Your attorney can highlight gaps in DNA checks, inconsistencies in witness testimony, or a lack of forensic proof.
- Argue Mistaken Identity — In some cases, the accused person may have simply been misidentified. If there’s no clear link between you and the scene of the crime, this can be used to your advantage.
- Expose False Allegations — Sometimes, accusations are made up due to jealousy, revenge, or misunderstanding. Your lawyer can uncover lies or show why the victim’s story doesn’t hold up.
- Prove Police or Legal Mistakes — If your rights were violated, like an unlawful search or no Miranda warning, your lawyer might get certain evidence thrown out. This can make it harder for prosecutors to continue with the case.
Reduce Your Penalties for Sexual Assault With a San Antonio Defense Attorney
If you’ve been charged with an unlawful sexual act, you could be facing significant sexual assault penalties. Getting help from a capable sexual assault attorney could be essential to reducing or dismissing your sexual assault charge.
Don’t put your freedom and your reputation at risk by failing to get the help you need. At the Law Office of John G. Perez Jr., we’re proud to help those accused of sexual assault defend themselves, and we’re ready to stand by your side during this difficult time. Let John worry so you don’t have to.