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.

Understanding the legal proceedings in a sexual assault case can be daunting. At Smith & Vinson Law Firm, we ensure that our clients are never left in the dark. From explaining court procedures to discussing potential defense strategies, we prioritize keeping you informed. Moreover, we know the importance of confidentiality and treat all cases with the utmost discretion, ensuring your privacy is always protected. By working collaboratively, we tailor our defense strategies to align with your unique situation, leveraging every resource to seek a favorable outcome.

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.

The implications of being charged with sexual assault are severe. Beyond the immediate legal consequences, there is the societal stigma attached to such accusations. Individuals charged often face challenges in their personal and professional lives, experiencing everything from job loss to social isolation. At Smith & Vinson Law Firm, we understand these repercussions and are committed to providing strong legal advocacy to help you navigate these challenges.

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. 

Understanding the nuanced differences between these charges is crucial, as each type varies not only in legal definition but also in potential defense strategies. Our attorneys are adept at distinguishing these charges and formulating specific defenses tailored to the circumstances. By analyzing the specifics of each case, including evidence and potential witnesses, we build a comprehensive defense to address the complexities inherent in sexual assault cases.

Defining Consent in Sexual Assault Cases

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.

Defining consent is vital in sexual assault cases, as misunderstandings or miscommunications can lead to serious legal implications. At Smith & Vinson, we explore the situation in detail to accurately represent what transpired. We aim to clarify consent issues by examining communications and interactions between the involved parties, addressing any inconsistencies, and ensuring that all facts are accurately presented in court.

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

Facing charges of this magnitude can be overwhelming, but understanding the nuances of potential sentencing is crucial. The penalties not only involve incarceration but can also severely affect one's long-term prospects. The social stigma and collateral consequences, like housing limitations and employment difficulties, can last a lifetime. Smith & Vinson Law Firm dedicates itself to mitigating these impacts, working diligently to explore all legal avenues, such as plea negotiations or alternative sentencing options, to advocate for the most favorable result.

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. 

Our dedicated legal team provides personalized support by carefully listening to our clients' stories and concerns. This collaboration allows us to craft a defense that considers every detail and possible angle. We maintain close contact throughout the legal process to ensure our clients feel supported and informed. Utilizing our vast network of resources, including experienced investigators and expert witnesses, we leave no stone unturned in building a comprehensive defense. Our goal is to lessen the severity of any possible outcomes, aiming always for a dismissal or the least severe repercussions possible.

To discuss your situation during a free consultation, call our firm at (512) 359-3743 or contact us online using our secure form. 

Local Understanding of Austin Courts & Laws

Navigating the legal landscape in Austin requires nuanced understanding not only of state laws but also of local court processes. Our legal team at Smith & Vinson is well-versed in Austin’s judicial climate, maintaining strong relationships within the local legal community, which often proves instrumental in case management and strategy development. This local insight allows us to anticipate prosecution tactics and craft defense strategies that are specifically tailored to the local court systems. We believe that a thorough understanding of Austin’s legal nuances can make a significant difference in defending our clients’ rights and liberties.

Austin's unique socio-economic dynamics and demographic makeup further influence how cases are perceived and prosecuted. Our team takes these factors into account, crafting individualized defense strategies that resonate well within the local context. Whether addressing a jury or negotiating with prosecutors, we leverage our local expertise to promote outcomes that align with both legal standards and community sentiments. At Smith & Vinson, our commitment to understanding and leveraging local insights underscores our dedication to attaining the best possible resolutions for our clients.

Frequently Asked Questions About Sexual Assault Defense

What Should I Do if I Am Accused of Sexual Assault in Austin?

Being accused of sexual assault can be an overwhelming experience. The first crucial step is to seek legal counsel from an experienced attorney. Smith & Vinson can provide immediate guidance, ensuring your rights are protected from the outset. Do not engage in discussions about the accusations with anyone except your lawyer, as anything you say can be used against you in court. Document all relevant details about the encounter and preserve any potential evidence. Avoid contacting the accuser, as this can exacerbate the situation. Instead, focus on building a strong defense case with your attorney, who will work to scrutinize every piece of evidence and construct a strategic defense.

How Does the Legal Process Unfold in a Sexual Assault Case?

The legal process in a sexual assault case begins with an investigation, where law enforcement gathers evidence and interviews witnesses. If there’s sufficient evidence, the case may proceed to the arraignment, where charges are formally read. The defense team then enters the picture, conducting its own investigation, gathering evidence, and formulating a defense strategy. Pre-trial motions may be filed to dismiss or suppress evidence. In some cases, a plea bargain may be negotiated. If the case goes to trial, both sides present evidence and arguments before a judge or jury. The verdict is issued upon deliberation, and sentencing follows if a conviction occurs. Throughout this process, having competent legal representation from a firm like Smith & Vinson is vital to ensuring each step is in line with your legal rights and interests.

Are There Any Defenses Available in a Sexual Assault Case?

Yes, there are several defenses that can be pursued in sexual assault allegations. Common defenses include proving consent was given, challenging the credibility of the accuser, or demonstrating insufficient evidence to prove guilt beyond a reasonable doubt. Another potential defense could involve questioning the accuracy and legality of the evidence collection process, including any mishandling of evidence. Each case is unique, and the applicable defenses will depend on the specific circumstances. At Smith & Vinson, we dedicate ourselves to exploring every possible defense avenue, meticulously analyzing each detail to weaken the prosecution’s case and uphold our client's innocence.

What Are the Consequences of a Sexual Assault Conviction Beyond Legal Penalties?

Apart from legal repercussions such as imprisonment and fines, a sexual assault conviction impacts an individual’s life profoundly. It often results in mandatory registration as a sex offender, which imposes restrictions on where you can live and work. Social stigma attached to such convictions can lead to isolation, job loss, and strained relationships. Financial stability may be jeopardized due to the difficulty of securing employment. Furthermore, emotional and mental health effects, such as anxiety and depression, are common. At Smith & Vinson, we understand these burdens and strive to provide support and solutions that extend beyond legal counsel, aiming to help clients rebuild their lives post-trial.

Can a Sexual Assault Conviction Be Expunged from My Record?

In Texas, the possibility of expungement for a sexual assault conviction is limited. Generally, expungement is not available for convictions but may be possible in cases where charges were dismissed or the accused was acquitted. However, there are specific legal criteria and processes involved, often requiring a comprehensive legal evaluation. Smith & Vinson offers guidance on expungement opportunities, helping determine eligibility and assisting with the filing process. While challenging, it’s crucial to explore every legal recourse available to mitigate the long-term repercussions of a sexual assault charge on your record.