Defense Attorney for Bogus Sexual Assault Charges in North Texas
Have you, a friend or a loved one been accused or arrested for sexual assault? If so, call The Hampton Law Firm now to speak to Jeff Hampton about your legal options! If you have received a phone call from a Tarrant County detective regarding a sexual assault allegation and he is asking you to come in to the police station and “tell your side of the story,” it is critical that you understand that the police detective has very little interest in knowing your side of the story.
Police detectives are trained to befriend their suspects and act like they care about you and have your best interests in mind. In reality, most Texas police detectives do not give you the opportunity to give your side of the story. Instead, they interrogate you and will easily twist innocent truthful statements you make to appear to be incriminating.
If you are under investigation for sexual assault, call The Hampton Law Firm now to learn about your legal options and how Jeff Hampton can protect you from criminal prosecution. With an experienced sex assault defense attorney like Hampton on your side you will have a fighting chance to prove your innocence. Do not speak with investigators or detective without a defense attorney present.
Texas Penal Code Regarding Sexual Assault
Under Texas Penal Code, Section 5: Offenses Against the Person, Section 22.011 Sexual Assault, a person commits sexual assault if they intentionally or knowingly:
(a) a causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(b) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(c) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
How Does a Sexual Assault Investigation Begin?
The most common way a sexual assault investigation begins is when an alleged victim makes a claim that he or she was sexually assaulted. By the alleged victim simply making the allegation against you, a Tarrant County detective can seek an arrest warrant, have you arrested, and seek criminal prosecution against you for sexual assault.
Because sexual assault cases very rarely have any physical evidence and rely entirely upon the alleged victim’s word, the element of consent and whether the sexual encounter was consensual or not is often the primary issue at a sexual assault trial.
What is the Legal Age of Consent in Texas?
The legal age of consent in Texas is 17, meaning that an adult that is 18 years old or older cannot have sex (even if you think it is consensual) with someone that is 16 years old or younger.
How Does Texas Law Define Consensual Sex?
Texas law specifies when a sexual encounter was not consensual. Under Texas Penal Code, Section 5, § 22.011(b), A sexual assault is without the consent of the other person if:
- a party forcibly penetrates or forces the other to participate in a sex act by using violence
- a party threatens violence or harm against the other person if they do not cooperate or allow a sex act
- a person engages in sexual conduct with someone without consent who is unconscious or cannot physically defend themselves
- a person initiates or participates in a sex act with someone who has a mental disorder that inhibits their understanding of a sex act and/or their ability to refuse
- a party knowingly engages in sexual conduct with someone who did not consent and does not know that the sexual encounter is happening
- a person drugs another or gives them a mind altering substance without their permission in order to make resistance to sex or awareness of a sexual encounter difficult
- the aggressor is a public servant or government employee coercing the other party to participate in sexual conduct by force or out of fear
- the party works in a mental health, health care facility, or nursing home and uses the victim’s dependent relationship to force sexual conduct
- the aggressor is a clergyman, preacher, priest, or other person of religious leadership and power who coerces the victim using their dependent relationship
- the party is an employee at a place where the alleged victim is a resident unless they are married (Chapter 2 Family Code)
Prison Time, Fines & Punishment for a Sexual Assault Conviction in Texas
The crime of sexual assault is a serious criminal offense that could result in prison time and a hefty fine. Under Texas law, sexual assault is classified as a second degree felony. The range of punishment for a second degree felony in the State of Texas is a prison sentence not more than 20 years but not less than 2 years and a fine of up to $10,000. As you can see, a conviction for sexual assault could result in serious long-term consequences that could result in the following: prison time, an extended probation term, a permanent limitation in your ability to get a job and the stigma of being labeled a rapist or sex offender.
It is critical that you call a sexual assault lawyer at the Hampton Law Firm now for a free consultation. Jeff Hampton is a strategic, aggressive defense attorney who fights hard to prove your innocence.
Contact the Hampton Law Firm or call 817-435-2909 now to schedule a free consultation to determine your rights and legal options.