Austin Sexual Assault Attorneys
Defending Against Allegations of Sexual Assault in Travis County
A sexual assault allegation can ruin your reputation and strain relationships. On top of that, if you are convicted, you could be sentenced to years in prison, be subject to steep fines, and be required to register as a sex offender. With your future and freedom on the line, it’s crucial to have an experienced criminal defense attorney on your side to fight your charges and protect your rights.
At Smith & Vinson Law Firm, our Austin sexual assault lawyers have years of experience handling complex sex crime cases and are practiced at developing effective defenses on behalf of individuals facing sexual assault accusations. We know that this can be a stressful and frightening experience, which is why we take the time to answer your questions, listen to your side of the story, and inform you of the potential outcomes. Our team will fight hard to minimize the effects of a conviction on your life.
Schedule a free, confidential consultation today by calling (512) 359-3743 or by submitting a secure contact form. We are available 24/7 to assist you.
How Is Sexual Assault Defined in Texas?
In Texas, it is illegal for an individual to intentionally and knowingly subject another person to non-consensual and unwanted sexual contact.
Specifically, an individual could be charged with this offense if they:
- Penetrate the anus, sexual organ, or mouth of another person with their own sexual organ; or
- Make someone else’s sexual organ come in contact with or penetrate their own sexual organ, anus or mouth.
Such acts are prohibited against both adults and children. It is not an accepted defense for the accused to say they didn’t know the age of the person they had sexual contact with.
Types of Sexual Assault
In Texas, sexual assault encompasses various forms of non-consensual sexual contact or behavior.
Here are the types of sexual assault recognized under state law:
- Rape: Rape is defined as non-consensual sexual intercourse involving penetration. This includes vaginal, anal, or oral penetration without the victim's consent.
- Sexual Assault: Sexual assault covers a broader range of non-consensual sexual acts beyond penetration. It can include any unwanted sexual contact or behavior, such as groping, fondling, or forced touching of intimate body parts.
- Aggravated Sexual Assault: Aggravated sexual assault involves sexual assault with additional aggravating factors, such as the use of a deadly weapon, serious bodily injury to the victim, the presence of more than one assailant, or the commission of the assault during the commission of another felony.
- Statutory Rape: Statutory rape occurs when an individual engages in sexual activity with a minor, i.e., someone who is below the age of consent, even if the minor appears to consent. In Texas, the age of consent is 17, meaning anyone under this age is legally unable to consent to sexual activity.
- Sexual Abuse of a Child: Sexual abuse of a child involves any sexual conduct or exploitation of a child, including sexual molestation, indecent exposure, child pornography, or any other sexual act performed with a child.
- Sexual Assault of a Spouse: In Texas, it was historically not possible to charge a spouse with sexual assault, but the law has been updated to include spousal sexual assault. This recognizes that marriage does not imply automatic consent to sexual activity and that sexual assault can occur within marital relationships.
These are the primary types of sexual assault recognized under Texas law, each of which carries different potential penalties.
What Constitutes “Consent?”
The law states that if a person uses physical violence or threats to compel, force, or manipulate another individual into participating in sexual conduct, the actor does not have consent for the act. Additionally, if a person is unconscious or physically unable to refuse, they cannot give their permission to be involved in sexual activity. Also, people in certain occupations who use their status to exploit the vulnerabilities of another for sex cannot be said to have received consent for the act.
Such individuals may include:
- Public servants,
- Mental health providers, and
- Employees of facilities where an alleged victim lives.
Potential Penalties for Sexual Assault in Texas
In most cases, sexual assault is charged as a second-degree felony in Texas.
The penalties for a second-degree felony sexual assault conviction include:
- Up to 20 years in prison
- Up to $10,000 in fines
- Lifetime registration as a sex offender
If the individual sexually assaulted someone they were prohibited from marrying, the level of offense could be elevated to a first-degree felony.
For a first-degree felony sexual assault, you could face the following penalties:
- Up to 99 years in prison
- Up to $10,000 in fines
- Lifetime registration as a sex offender
How Our Austin Sexual Assault Lawyers Can Help
The consequences of a sexual assault conviction could follow you around long after you have served your time and paid your fines. You might have difficulty finding housing, getting a job, or obtaining a loan. Additionally, because of the sex offender registry requirement, you might be limited in where you can go and whom you can contact.
Our Austin sexual assault attorneys at Smith & Vinson Law Firm are prepared to review the prosecutor’s evidence to identify flaws and weaknesses. We can seek to get the case dismissed or charges dropped, if appropriate, or work for reduced or alternative sentencing.
To discuss your case during a free consultation, call our firm at (512) 359-3743 or contact us online using our secure form.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed; Charges Reduced Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child
Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.
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Case Dismissed Juvenile Sex Assault
Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.
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No Charges Filed Sex Assault Investigation
Our client had an affair with a married woman. When her husband found out, she accused him of rape and called the police, prompting an investigation. Our client wisely contacted our office immediately.
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Not Guilty Sexual Abuse
One Count of Continuous Sexual Abuse of a Minor; Three Counts of Aggravated Sexual Assault of a Minor; Two Counts of Indecency of a Minor by Contact/Exposure
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Not Guilty Sexual Assault
NOT GUILTY of sexual assault and two lesser charges. Our client maintained his innocence from the start, and we believed him.