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Houston Aggravated Sexual Assault Lawyer
Every accusation of sexual assault should be taken seriously and followed up with diligence. However, studies show that as many as 10 percent of these accusations are false. If you are one of those 10 percent facing a false allegation, there are things you can do to prove your innocence; the very first of which is hiring a lawyer.
Texas Aggravated Sexual Assault Laws
Sexual assault and aggravated sexual assault is clearly defined in Texas, and the laws are some of the most strict in the country. Aggravated sexual assault is defined as intentionally or knowingly:
- Causing the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
- Causing the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
- Causing 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 the actor.
- Doing any one of these to a child.
It is an acceptable defense to prosecution if any of these actions consisted solely of medical care, and did not involve genital-to-genital contact in any way.
What Is the Difference Between Sexual Assault and Aggravated Sexual Assault?
Sexual assault is defined as the unwanted touching or penetration of or by the genitals. There are varying penalties depending on how egregious this contact is and the age of the victim, which we’ll cover in just a minute. Sexaul assault could be upgraded to aggravated sexual assault if the offender:
- Caused serious bodily harm or attempted to kill the victim.
- The offender caused fear of death, serious bodily harm or kidnapping.
- A deadly weapon was used or brandished during the committal of the crime.
- The offender had an accomplice.
- The “date rape drug” was used with the intent on making the crime easier to commit.
- The victim is younger than 14, elderly or disabled.
Sexual assault is a second degree felony, which is punishable by up to 20 years in prison and a maximum of a $10,000 fine. Aggravated sexual assault is a first degree felony, and an offender could get 99 years – the minimum is 25 years – in prison plus a $10,000 fine.
What Should I Do If I’m Accused?
As previously mentioned, the very first thing you should do is hire a lawyer. A false accusation of aggravated sexual assault can happen in a bitter break up, or if the person is trying to exact vengeance in some way. No matter the other person’s reasoning, what you can start doing is compiling as much evidence as possible which absolves you of any guilt. If the accuser contends that the incident occurred at a specific time or place, you can piece together phone records and witness statements showing that you were elsewhere at the time.
If you have been falsely accused of aggravated sexual assault, contact an experienced defense attorney to ensure that all of your rights to a fair trial are upheld. The Law Office of David A. Breston will uphold “innocent until proven guilty,” and we are diligent investigators of all statements and evidence. Call (713)224-4040 today for your free consultation.