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More commonly known as rape, sexual assault is a frequent criminal accusation in Texas, and is aggressively prosecuted, leading those accused of the crime to a tough, uphill battle. If you or a loved one is being accused of sexual assault, you need an experienced defense attorney who can help you understand the charges you’re facing and help you explore all of the potential outcomes. These are serious criminal charges that carry severe penalties and further consequences if not defended against correctly.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, you should not try to fight this battle alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
With over 45 years of combined defense experience, as well as working in both state and federal prosecutors’ offices, both prosecuting and defending sex crime charges, our attorneys have found that investigation and intensive preparation are the keys to a successful resolution.
Sexual assault, according to the Texas Penal Code sections 22.011 and 22.021, is sexual penetration without the other party’s consent. Often, it is that element of lack of consent that causes difficulty for the prosecution in these cases. An act is considered to be done without consent if any of the following is true:
This is where a qualified defense attorney is invaluable. An experienced lawyer knows the law, and knows how to attack the evidence presented by the prosecution and defend your case to get you the best possible resolution.
A sexual assault charge can be elevated to aggravated sexual assault if one or more of the following happens during the sexual contact:
Here, the term “child” refers to a minor who is under the age of 17. According to the Texas Penal Code sections 22.011(a)(2)(A) through (E), sexual assault of a child is any sexual activity with a minor under the age of 17, regardless of whether or not the accused knew the victim’s age at the time. This type of assault can be:
The reality is that, even if the minor in question participates in any of these activities willingly, according to the law, a child cannot legally give consent. That means that the child’s willingness to participate in a sex act can’t save you from a sexual assault conviction, unless certain facts are present and proven by a competent defense counsel.
As is the case with adult victims, simple sexual assault can be elevated to aggravated sexual assault if any of the aggravating factors can be proven to have occurred. Furthermore, that escalated crime can be enhanced once again to super aggravated sexual assault of a child if the child is under the age of six, if the accused was previously convicted of violent sexual assault of someone under the age of 14, threatened to cause death or serious bodily injury to the victim or another, or attempted to cause the death or does cause serious bodily injury to a minor under the age of 14.
To obtain a conviction for sexual assault, the prosecution has to prove beyond a reasonable doubt that you are guilty of the crime as it’s defined in the statute. There must be clear evidence that the crime actually occurred, and that you are the person who committed it. The prosecution will also have to prove that the conduct occurred without the consent of the alleged victim, or that the victim was unable, according to the law, of giving consent.
Depending on the case, the prosecutor may also have to prove that the accused’s position of power over the alleged victim played a role in the sexual assault. This is because the uneven balance of power in a professional or other relationship can result in a lack of consent due to the accused’s manipulation of the alleged victim in the situation. The Law Office of Paul Schiffer has defended many of these cases.
With the burden of proof squarely on the prosecution to prove the necessary elements of the crime, arming yourself with an experienced and knowledgeable defense attorney is critical. He will have the knowledge and experience to attack the prosecution’s case, help preserve your freedom and restore your good reputation.
Sexual assault is a second degree felony. In Texas, a second degree felony carries a sentence of anywhere from two to 20 years in a state prison, and fines up to $10,000.
If the alleged victim is a person whom the accused was prohibited from living with as a married couple or prohibited from marrying, this crime becomes a first-degree felony and carries a penalty of five to 99 years in prison, and fines up to $10,000.
Here is a breakdown of all sexual assault crimes and their penalties:
| Crime | Classification | Punishment |
| Sexual assault of an adult or child | Second-degree felony | 2-20 years in state prison, maximum fines of $10,000, lifetime sex offender registration |
| Aggravated sexual assault of an adult or child | First-degree felony | 5-99 years in state prison, maximum fines of $10,000, lifetime sex offender registration |
| Super aggravated sexual assault of a child | First-degree felony | 25 years to life in state prison, maximum fines of $10,000, lifetime sex offender registration, ineligible for parole |
The consequences of a sexual assault conviction don’t end with your sentence. If you’re convicted of this crime in Texas, there are ramifications that can affect the rest of your life.
Aside from the conviction, the sentence, and other lasting consequences, you’ll also be required to register as a sex offender. Sexual assault is considered a reportable conviction in Texas, and because of the magnitude of the crime, you’re required to register as a sex offender for life once you’re released from prison.
Some of the consequences of being a registered sex offender are:
Aside from disproving the prosecution’s case and preventing them from meeting their burden of proof, a good defense team knows that there are affirmative defenses at our disposal to defend you against the charge of sexual assault. These affirmative defenses include medical care, marital status, and the Romeo and Juliet defense.
The medical care defense claims that the conduct in question was in the nature of lawfully conducted medical care, and didn’t meet the standards set forth in the statute regarding contact and/or penetration.
The marital defense relies on the fact that there is no crime if there was consensual sex between the accused and a minor, if the two are legally married at the time.
Finally, the Romeo and Juliet defense is available if the accused was not more than three years older than the alleged victim at the time of the conduct, if the sexual contact in question was consensual. Additionally, to prevail on claim of a Romeo and Juliet defense, the accused must not be registered or required to be registered as a sex offender, and must not have a previous reportable conviction for the same offense. If the alleged victim is younger than the age of 14, the Romeo and Juliet defense cannot be used.
You should never fight such a serious charge as sexual assault alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended sexual assault cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
