What is Sexual Assault?
Texas Penal Code Sec. 22.011 broadly defines sexual assault as nonconsensual sex. In some States, this is described as rape. The Texas Penal Code statute makes it a second degree felony to penetrate the sexual organ, mouth or anus of another individual without that person’s effective consent. Effective consent is lacking if the other person is forced or is in a condition that makes it impossible for them to resist. If a person has been drugged or is mentally incapacited at the time of the sex act, sexual assault could be charged. Under the law, a child never has the capacity to consent.
it is not unusual for a drunken night to turn into questionable sexual activity. We have had many clients charged with sexual assault to tell us that they were under the impression that all the sexual activity was consensual. We have seen situations where a person accusing our clients of rape were discovered having an affair, and chose to allege a forced act rather than admit to being unfaithful. In several situations, we have defended individuals of doping up their “victims” prior to sex, and a subpoena of medical records revealed that there were no drugs in the other parties system.
The bottom line is that if you have been accused of rape, sexual assault, sexual assault of a child or any sex crime, you have the ability to save yourself and avoid a conviction and possible jail time. it is absolutely vital that you obtain dedicated, experienced and board certified representation as soon as you are aware that an accusation has been made. Anyone can make an allegation. That doesn’t make it true. Give the lawyers at Chernoff Law a call at 713-222-9141. We will make sure that you are protected and unfounded allegations are brought to light.