If you are facing sexual assault charges in Texas, you need an experienced defense attorney to protect your rights. Prosecutors take sex crimes very seriously – a conviction can lead to imprisonment, fines, and lasting damage to your reputation. This is the time to call Benjamin Law Firm.
As a leading criminal defense law firm representing clients in Texas, we know how to defend against sexual assault charges. Lead attorney Brock Benjamin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and will work strategically to build a strong defense. Contact our El Paso office today for a confidential consultation.
How Is Sexual Assault Defined in Texas?
The Texas Penal Code defines sexual assault (commonly referred to as rape) as:
- Intercourse and penetration without consent
- Sexual abuse of an individual who cannot consent due to disability or mental incapacity
- Intercourse, penetration, or sexual contact with a minor
- Forcible and violent intercourse, penetration, or sexual contact, even with consent
- Coercive sexual acts
Notably, the age of consent is 17 in Texas, meaning that a person under 17 cannot consent to sexual activity – any type of sexual contact with a child is considered sexual assault. In addition, consent is lacking when the alleged assailant:
- Uses physical force, threats of violence, coercion, or manipulation against the victim
- Uses drugs such as GHB, Ketamine, or Rohypnol (“roofies”) to render a person unconscious
- Engages in sexual activity with an individual who is unconscious or mentally incapable of understanding the situation
- Uses a position of power or authority — such as being a clergyman, healthcare service provider, coach, tutor, public servant, or an employee of a facility where the other person is a resident — to coerce someone into sexual activity,
In short, sexual assault cases often, but not always, turn on whether or not the victim has given consent.
Texas Sexual Assault Penalties
Sexual assault is a second-degree felony, punishable by 2 to 20 years in prison and a maximum fine of $10,000. Charges can be elevated to aggravated sexual assault if:
- The victim suffered serious injuries as a result of the assault
- The alleged assailant used or exhibited a deadly weapon during the crime
- Another individual participated in the assault
- The alleged assailant used a drug to restrain the victim
- The victim was under the age of 14, elderly or disabled.
Aggravated sexual assault is a first-degree felony, punishable by 5 to 99 years in prison and a maximum fine of $10,000. The minimum sentence is 25 years if the assailant used a deadly weapon during the assault or the victim was under six years of age.
Finally, a person convicted of sexual assault or aggravated sexual assault is also subject to mandatory registration as a sex offender, which can have lasting repercussions in terms of employment and housing.
With so much at stake, working with an experienced Texas sexual assault defense attorney is crucial. That’s where the Benjamin Law Firm can assist you. You can depend on Brock Benjamin to listen to your side of the story and choose the best line of defense.
Federal Sexual Assault Charges
Under federal law, a person can be charged with sexual assault if they:
- Use force against the victim
- Use force that was likely to cause bodily harm to the victim
- Threaten victim with bodily harm, death, or kidnapping
- Render the victim unconscious
- Administer the victim a drug or intoxicant in order to impair their judgment or decision-making
Individuals convicted of federal sexual assault are subject to mandatory minimum sentences and national sex offender registration.
What Are The 3 Main Defenses To A Sexual Assault Accusation?
Defending a sexual charge is challenging because there are usually no witnesses other than the parties involved. These cases often rely on the victim’s allegations and the collection of forensic evidence to detect traces of blood and bodily fluids of the alleged assailant. It takes a skilled attorney to assert potential defenses such as:
Innocence
Like any criminal offense, the best defense against sexual assault is innocence. But proving your innocence is challenging unless (1) you have an alibi (you were not at the scene when the crime occurred) or (2) you can prove that you did not have any sexual contact with the victim.
Consent
Sexual assault allegations often hinge on consent. In some cases, however, the alleged victim may have consented to sexual activity but later said they did not. In this situation, you must prove you were under the impression that you had the alleged victim’s consent to sexual activity.
False Allegations of Sexual Assault
In some cases, the alleged victim may fabricate claims of sexual assault to harm the defendant. Did you recently end a romantic relationship or argue with the victim?
In any event, it takes a skilled criminal defense attorney like Brock Benjamin to achieve the best possible outcome for your case by:
- Conducting a thorough investigation
- Pointing out inconsistencies in the alleged victim’s statement
- Challenging the accuracy of forensic evidence and lab results
- Vigorously defending you at trial
Although attorney Benjamin is committed to winning an acquittal, he will carefully weigh the strength of the evidence against you and advise you of your best options. Above all, he will put your best interests first and protect your rights, freedom, and reputation.
Contact Our Experienced Texas Sexual Assault Defense Attorney
Being accused of a sex crime is frightening; being convicted of sexual assault can be life-altering. Contact the Benjamin Law Firm today so we can start working on your defense.
The Benjamin Law Firm defends clients against sexual assault charges in El Paso, Midland- Odessa, Pecos, Dallas-Fort Worth, and throughout the State of Texas.