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Sexual Assault

Sexual assault, also known as rape, is a serious offense that carries extremely harsh penalties. It is a common misconception that an individual can only be charged with rape if the alleged victim verbally declined or physically resisted to participate in sexual activity.

However, there are a variety of situations in which sexual activity can be considered nonconsensual, even if the alleged victim did not resist. If you have been accused of rape, consulting with a Travis County sex crimes attorney, who is well-versed in the laws regarding sexual assault, could greatly impact the outcome of your case.

Sexual Assault Defense Attorney in Austin, TX

If you have been arrested and charged with sexual assault, it is essential to your future that you contact an experienced Austin sexual assault attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.

Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your sexual assault charges in Travis County.

Information on Sexual Assault in Texas

Definition of Sexual Assault under the Texas Penal Code

According to Tex. Penal Code § 22.011, an individual can be charged with sexual assault if he or she knowingly and intentionally:

  • Penetrates the anus or any other sexual organ of someone else, without his or her consent
  • Penetrates the mouth of another person with a sexual organ, without his or her consent
  • Causes another person’s sexual organ to penetrate the mouth, anus, or any other sexual organ of another person, without his or her consent

An adult can also be charged with sexual assault on a child, or statutory rape, if he or she commits any of the above acts on a child (under the age of 17), regardless of whether or not there was consent. Texas law maintains that a child is not capable of consenting to sexual acts. The offense can be upgraded to aggravated sexual assault if certain factors are present. Including, but not limited to:

  • The victim suffered serious bodily injury
  • The victim was put in fear of death or serious bodily injury
  • The offender used a deadly weapon during the commission of the crime
  • The offender used a date rape drug
  • The victim was less than 14 years old

What Qualifies as Nonconsensual Sex?

Sexual assault occurs when an individual is forced or coerced into participating in sexual activity without his or her consent or knowledge. If sexual acts take place under the following circumstances, it is considered nonconsensual:

  • The victim was compelled to submit or participate by use of force or violence
  • The victim submitted or participated after threats of force or violence that he or she reasonably believed could take place
  • The offender was aware that the victim was unconscious or physically unable to resist
  • The victim had a mental disease or defect and was incapable of understanding or resisting the act
  • The victim has not consented and is unaware that the sexual act is occurring
  • The victim is impaired due to the administering of a substance without his or her knowledge, and is unable to resist
  • The offender is a public servant, clergyman, mental health service provider, health care provider, or employee of the facility where the victim resides, who coerces the victim into submitting or participating

What are the Penalties if I am Convicted of Rape?

In most cases, sexual assault is considered a second-degree felony, which is punishable by between two to 20 years in prison, and/or a fine of up to $10,000. If the offense is upgraded to a first-degree felony due to aggravating factors, an individual can be sentenced to between five and 99 years or life in prison, and/or a fine of up to $10,000.

If an individual is convicted of sexual assault, he or she will also be required to register as a sex offender with the authorities in the city or county they reside in. If the offender fails to register as a sex offender, he or she could face further penalties.

Statute of Limitations for Sexual Assault in Texas

In Texas, most crimes have what is called a statute of limitations, which is essentially a deadline for prosecutors. The purpose of a statute of limitations is to ensure that the state is handling cases in a timely manner and to preserve the integrity of the evidence. Once the statute of limitations is up, the prosecution can no longer file charges against the defendant for that particular crime.

The criminal statute of limitations for sexual assault with a victim who is 18 or older is 10 years. If the case involved a minor under the age of 17 at the time of the assault, then the statute of limitations will be enhanced to 20 years from the 18th birthday of the victim. When the identity of the preparator was initially unknown, then there is no statute of limitations. The victim can file a “John Doe” lawsuit and if the defendant is found months or even years later charges can still be filed.

Additional Resources

RAINN | Sexual Assault Hotline – Visit the official website for RAINN, which is the Rape, Abuse, and Incest National Network. They are currently the largest anti-sexual violence organization in the country and offer a hotline to those who have suffered from sexual violence. Access the site to read more about the hotline, the RAINN app, resources for victims, and more.

Texas Statute for Sexual Assault – Visit the official website for the Texas Penal Code to learn more about their various sexual offenses including sexual assault. Access the site to learn important definitions for legal terms, penalty enhancements for sexual assault, and other related sexually motivated offenses such as indecent exposure.

Rape Defense Lawyers in Austin, Texas

Kevin Bennett is a qualified sexual assault defense attorney who has years of experience representing clients who have been charged with sexually related crimes in and around Austin, Lago Vista, Rollingwood, Sunset Valley, West Lake Hills, Travis County, Lakeway, and Pflugerville.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation about the sex charges against you. Your initial consultation is free, and it is the first step in fighting to protect your reputation and freedom.