Sexual Assault Defense

SEXUAL ASSAULT

If you are facing a sexual assault charge, a conviction could jeopardize your freedom, your career, your education opportunities, and stay on your criminal record permanently. Attorney sexual assault charges, sex offender, sexual offender charges, what is sex offender, sex offender news, assault charges for sex abuse, sexual assault watchdog, sexual offender search, sexual assaultcriminal records, sexual assaultinmate search, sexual assaultfelony, megans law,sexual assaultbackground check, sexual assault arrest records, sexual assaultcriminal search, sexual assault criminal record, free sexual assault criminal background check, sexual assault child abuse, sexual assault check, what is sexual assault, sexual assault criminal background check, sexual assault mental abuse, criminals sexual assault, domestic violence sexual assault laws, sexual assault criminal records searchBrittany Carroll Lacayo can assist you to defend these accusations. Brittany Carroll Lacayo offers a free initial consultation and case evaluation. She is also available by phone at 713-504-0506, or by email.

What is considered Sexual Assault under Texas Law?

In Texas, a person commits the offense of sexual assault if the person intentionally or knowingly:

  • causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  • causes the penetration of the mouth of another person by his sexual organ, without that person’s consent; or
  • 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 himself; or
  • causes the penetration of the anus or sexual organ of a child by any means;
  • causes the penetration of the mouth of a child by his sexual organ;
  • causes the anus of a child to contact the mouth, anus, or sexual organ of another person including himself, or
  • causes the mouth of a child to contact the anus or sexual organ of another person, including himself.

A sexual assault is without the consent of an adult if:

  • the person compels the other person to submit or participate by the use of physical force or violence;
  • the person compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
  • the other person has not consented and the person knows the other person is unconscious or physically unable to resist;
  • the person knows that as a result of mental disease or defect the other person is at the time of the assault incapable either of appraising the nature of the act or of resisting it;
  • the other person has not consented and he knows the person is unaware that the sexual assault is occurring;
  • the person has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;
  • the person compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
  • the person is a public servant who coerces the other person to submit or participate;
  • the person is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the person;
  • the person is a clergy man who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as a spiritual adviser; or
  • the person is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other.

Who is considered a child under Texas law for purposes of the sexual assault statutes?

A child is a person younger than 17 years of age.

Punishment for Sexual Assault

The offense of sexual assault is a Second-Degree Felony, punishable by 2-20 years in prison, and up to a $10,000 fine.

AGGRAVATED SEXUAL ASSAULT

A conviction for Aggravated Sexual Assault can have serious ramifications on a person’s life. It is important to hire a criminal defense attorney who will aggressively fight for your rights. sexual assault charges, sex offender, sexual offender charges, what is sex offender, sex offender news, assault charges for sex abuse, sexual assault watchdog, sexual offender search, sexual assaultcriminal records, sexual assaultinmate search, sexual assaultfelony, megans law,sexual assaultbackground check, sexual assault arrest records, sexual assaultcriminal search, sexual assault criminal record, free sexual assault criminal background check, sexual assault child abuse, sexual assault check, what is sexual assault, sexual assault criminal background check, sexual assault mental abuse, criminals sexual assault, domestic violence sexual assault laws, sexual assault criminal records searchContact Brittany Carroll Lacayo for a free initial consultation and case evaluation at 713-504-0506, by email, or by her contact form.

A sexual assault will become an aggravated sexual assault if the person:

  • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
  • by acts or words places the victim in feat that any person will become the victim of certain offenses or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
  • by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of certain offense(s), or to cause the death, serious bodily injury, or kidnapping of any person;
  • uses or exhibits a deadly weapon in the course of the same criminal episode;
  • acts in concert with another who causes serious bodily injury or attempts to cause the death of the victim or another person and this is directed toward the same victim and occurring during the course of the same criminal episode; or
  • administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
  • the victim is younger than 14 years of age; or
  • the victim is an elderly individual or a disabled individual.

Punishment for Aggravated Sexual Assault

The offense of aggravated sexual assault is a First-Degree Felony punishable by 5-99 years in prison and up to a $10,000 fine.

However, the minimum term of imprisonment is increased to 25 years in prison if:

  • the victim of the offense is younger than 6 years of age at the time the offense is committed; or
  • the victim of the offense is younger than 14 years of age at the time the offense is committed and the person:
    • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
    • by acts or words places the victim in feat that any person will become the victim of certain offenses or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    • by acts or words occurring the presence of the victim threatens to cause any person to become the victim of certain offense, or to cause the death, serious bodily injury, or kidnapping of any person;
    • uses or exhibits a deadly weapon in the course of the same criminal episode;
    • acts in concert with another who causes serious bodily injury or attempts to cause the death of the victim or another person and this is directed toward the same victim and occurring during the course of the same criminal episode; or
    • administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.

CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN

In Texas, a person commits the offense of continuous sexual abuse of a young child or children if during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the person is 17 years of age or older and the victim is a child younger than 14 years of age.

Punishment for Continuous Sexual Abuse of Young Child or Children

Continuous Sexual Abuse of Young Child or Children is a First-Degree Felony, punishable by imprisonment for life, or between 25 and 99 years in prison.


INDECENT EXPOSURE

A person can be prosecuted for indecent exposure if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

Punishment for Indecent Exposure

Indecent Exposure is a Class B misdemeanor punishable by up to 6 months in jail and up to a $2,000 fine.


INDECENCY WITH A CHILD

A person commits the offense of indecency with a child if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact, or with intent to arouse or gratify the sexual desire of any person, the person exposes his anus or any part of the person’s genitals, knowing the child is present, or causes the child to expose the child’s anus or any part of the child’s genitals.

Punishment for Indecency with a Child

Indecency with a child is a Second-Degree Felony punishable by 2 to 20 years in prison and up to a $10,000 fine if the person engages in sexual contact with the child or causes the child to engage in sexual contact. Indecency with a child is Third-Degree Felony punishable by 2 to 10 years in prison and up to a $10,000 fine if the person with intent to arouse or gratify the sexual desire of any person, exposes the person’s anus or any part of the person’s genitals, knowing the child is present, or causes the child to expose the child’s anus or any part of the child’s genitals.

If you have been charged with sexual assault contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation.

 


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship

212 Stratford St. Houston, Texas 77006

Phone: 713-504-0506 | Fax: 832-442-5033