Texas Sexual Assault Defense Lawyers

What Is Sexual Assault Under Texas Law?

Sexual assault is defined under Texas Penal Code §22.011. A person commits sexual assault by intentionally or knowingly causing the penetration of the anus or sexual organ of another person by any means, or causing the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent.

Consent is absent under Texas law when:

• The actor compels the other person to submit or participate by the use of physical force, violence, or coercion
• The actor knows the other person is unconscious or physically unable to resist
• The actor knows the other person is unaware that the sexual assault is occurring
• The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring
• The actor has intentionally impaired the other person’s power to appraise or control conduct by administering a substance without the person’s knowledge
• The actor is a public servant, healthcare provider, clergy member, or other person who exploits a position of authority

Sexual assault is also committed when a person engages in sexual penetration with a child under 17, regardless of whether force was used or apparent consent was given, unless the actor is within three years of age of the child (the Romeo and Juliet provision).

Penalties for Sexual Assault in Texas

Sexual assault is a second-degree felony in Texas, carrying:

• 2 to 20 years in the Texas Department of Criminal Justice
• A fine of up to $10,000
• Sex offender registration for a minimum of 10 years, with possible early termination under Article 62.404
• Potential eligibility for community supervision (probation) in some cases

If the victim is a person the actor was prohibited from marrying or living with under a protective order, the offense is elevated to a first-degree felony (5 to 99 years or life in prison).

Why Choose Deandra Grant Law for Sexual Assault Defense

• Forensic credentials allow us to challenge SANE exams, DNA evidence, and forensic findings at a scientific level
• Nearly 30 years of criminal defense experience and a track record of aggressive advocacy for our clients
• Attorney Douglas Huff is a published author and national lecturer on criminal defense strategy who has tried serious criminal cases throughout his career
• Multiple office locations across Texas, including Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall