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Frequently Asked Questions about Sex Offenses
Q: How are sex offenses punished?
A: Punishment for a sex offense will vary depending on the category of crime. A misdemeanor sex crime conviction i.e. indecent exposure could receive less than a year of jail time, a fine, community service, counseling or probation. A felony could be punished by a lengthy prison term i.e. up to a life sentence. In addition, released sex felons are required to register as sex offenders with multiple convictions often leading to greater punishments.
Q: Is consent a defense?
A: Consent can be a defense to sex crimes, in certain cases. There are some instances where individuals are not considered able to consent to sex under the law. The agreement of these individuals are not legally valid even if they explicitly agree. Minors, the mentally disabled and unconscious or intoxicated people (even if they willingly became intoxicated) typically cannot provide valid consent. In these cases, statutory rape or date rape charges may result.
In 2000, the Department of Justice found that State and Federal courts convicted almost 984,000 adults of felonies.
Houston Sex Crime Defense Lawyer
Sex-related offense allegations can be traumatic. The penalties you face could be severe, the embarrassment you feel is extreme, and there can be feelings of solitude and exile going through this process.
At the David A. Breston Law Office, located in Houston, Texas, we are here to help you through this process, not to judge your situation. We want to listen to your side of the story, find the best avenue to defend your case. We have a wealth of knowledge and experience dealing with all forms of sexual assault cases, working with professionals in the investigative and polygraph fields in order to provide the best defense possible. Although we handle sexual assault cases throughout the state of Texas, our practice focused in the counties of Harris, Fort Bend, Brazoria, Galveston, Montgomery, Chambers, Liberty, Jefferson, Waller, and Walker.
If you have been charged with any form of sex-related crime, from internet pornography to indecency with a child, contact us immediately. Let our experienced attorneys work for you.
For a free initial consultation with a sexual assault attorney, call the Law Office of David A. Breston at 888-220-4040 or contact us online.
Sex Offenses - An Overview
Sex offenses include many criminal sexual behaviors, prostitution to rape. If you or someone you know has been charged with a sex offense, contact a criminal defense attorney to obtain proper legal representation. Penalties for a sex offense conviction can be serious and life-altering, but there are many defenses available. Reaching out to an attorney as soon as possible allows the evidence to be properly evaluated and witnesses to be questioned soon after the event, providing the greatest likelihood for a successful defense. A criminal defense attorney is skilled and experienced to begin preparing your defense as soon as retained.
Sex offenses include many forms of illegal sexual crimes, ranging from the crime of rape, usually defined as sexual penetration without consent, to prostitution, commonly defined as sex for hire. Serious crimes involve the sexual assault of children or include physical injury. Other examples of sex offenses include voyeurism, public indecency, solicitation prostitution, date rape, pornography, statutory rape, pandering, lewd acts, pimping, and unlawful sodomy.
Rape, Sexual Assault, Date Rape and Statutory Rape
Rape is generally regarded as unwanted sex acts. Often times these criminal offenses are also referred to as "sexual assault " or " sexual abuse." A wide array of activities may be included under these definitions. For example, statutory rape is sexual activity with a person under the legal age of consent. Date rape is a term for forcible sexual activity between people who know one another during a social engagement. Whatever the circumstance, there could be serious penalties for those individuals found guilty of these sex crimes. Law enforcement focus on sexual offenses, so if you or someone you care about is accused of or arrested for a sex crime, you need to contact Texas attorney immediately.
Victimless Sex Offenses
Victimless crimes are often referred as consensual crime without victims. Black's Law Dictionary defines a complainantless crime as a "crime that is considered to have no direct victim, usually because only consenting adults are involved." State legislation regarding victimless sex offenses will vary, but most statutes address victimless sex offenses such as prostitution, solicitation, pandering, indecent exposure and the illegal possession of pornography. Penalties for these sex offenses, for example the solicitation of a minor or child pornography, are severe; often involving felony convictions, jail time, the enrollment into sexual offender treatment programs and lifetime sexual offender registration. Other offenses including indecent exposure, the penalties are typically less severe but still range from fines and community service to felony charges and incarceration. If you or someone close to you has been arrested for a victimless sex offense, contact our law firm today to schedule a consultation with a criminal defense attorney that can review your rights and options.
Sex Offender Registry
Sex offender registration is required in all states. Individuals that are convicted as sex offenders are required to register their address with the appropriate law enforcement. Sex offenders are also required to send updates whenever he or she changes address and must keep their registration information up to date. Certain states require that sex offenders verify information on a yearly basis via mail, or sometimes more frequently if deemed a violent predator. Certain states may also have different requirements regarding what offenses require registration and for what length of time. In addition, some offenses which are more serious will require registration for life. The most common sexual crimes include repeat offenders, violent sexual offenders and those that commit sexual crimes against children. If you are uneasy about your status under these rules, contact a experienced attorney from our firm for assistance.
False Allegations
In some circumstances, false allegations may occur, specifically in child sex abuse situations. An adult could have influenced the child's allegation or a child’s overactive imagination could be the basis of the accusation. Although not all reports are substantiated, there has been an increase in reports of false allegations. Additionally, certain good-faith accusations may not be true with the intent of harming the accused. If you find yourself the victim of false allegations, a Texas criminal defense attorney can assist in the action necessary to defend yourself.
Sex Offenses Resource Links
Information on laws related to sex offenses
Sections of the United States Code related to sex offenses, provided by Cornell University's Legal Information Institute.
Megan's Law
An overview of sex offenders registration and how Megan's Law works.
Justice Denied
A magazine devoted to helping people who have been wrongly convicted in the US.
SafetyCops
Online source for crime prevention and personal protection information.
Crime Prevention Resource Center
Providing topical information, resource links and neighborhood networking.
