Aggravated sexual assault is a serious felony in Texas. This charge is commonly known as “molestation” or “rape of a child” or sometimes “child sexual abuse,” although aggravated sexual assault does not necessarily involve an assault against a child. Certain aggravating factors can raise a sexual assault charge to the level of aggravated sexual assault. Aggravated assault can involve victims younger than 14 at the time of the act, using a deadly weapon or date rape drug, or the inclusion of other aggravating factors. Aggravated sexual assault is frequently charged in the Greater Houston area and is one of the most serious types of offenses in the State of Texas.
Discuss Your Aggravated Sexual Assault Case with a Houston Attorney
If you or your loved one have been investigated or charged with aggravated sexual assault, your freedom is in jeopardy. It’s crucial that you discuss your case with a skilled criminal defense attorney as soon as possible. The Houston criminal defense attorneys at Ceja Law Firm PLLC have successfully defended clients in these types of cases. Contact us today to learn more about how we can fight for your rights.
Aggravated Sexual Assault Against Another Adult
Aggravated sexual assault against another adult occurs when a person intentionally or knowingly commits one of the following actions:
- Causes the penetration of the mouth of another person by the sexual organ of the actor without that person’s consent
- Causes the penetration of the sexual organ or anus of another person by any means without that person’s consent
- Causes 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 perpetrator
Aggravated Sexual Assault Against a Child, Elderly Person, or Disabled Individual
Aggravated sexual assault against a child, elderly person or disabled individual includes knowingly or intentionally engaging in one or more of the following acts:
- Causes the penetration of the anus or sexual organ of a child by any means
- Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
- Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor
Aggravated Sexual Assault Involving Violent Offenses
When the assault involves a weapon, the threat of violence, or violence, prosecutors can elevate sexual assault charges to aggravated sexual assault charges. One or more of the following factors can result in a charge:
- Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode
- Acts in concert with another who engages in conduct (described by Subdivision 1) directed toward the same victim and occurring during the course of the same criminal episode
- By acts or words that place the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person
- By acts or words occurring in the presence of the victim that threatens to cause the death, serious bodily injury, or kidnapping of any person
- Uses or exhibits a deadly weapon in the course of the same criminal episode
- Administers or provides flunitrazepam (otherwise known as Rohypnol, gamma hydroxybutyrate, or ketamine) to the victim of the offense with the intent of facilitating the commission of the offense. These substances are commonly called “date rape” drugs.
Penalties in Houston, Texas
Aggravated sexual assault charges can be some of the most serious felony charges in Texas. For example, indecency with a child by exposure is a third-degree felony, and indecency with a child by contact is a second-degree felony. Aggravated sexual assault with a child is a first-degree felony that is punishable by a life-in-prison sentence.
Defendants can also face a fine of up to $10,000. When the victim of the sexual act is under age 6, prosecutors can bring “super aggravated” charges that result in a minimum prison sentence of 25 years to life in prison with no eligibility for parole. Someone convicted of aggravated sexual assault is required to register as a sex offender in Texas, typically for the rest of their lives.
Why You Need a Skilled Defense Attorney on Your Side
The sooner you reach out to an experienced aggravated sexual assault defense attorney, the better your chances for a satisfactory outcome in your case. An attorney will protect you and prevent you from harming your future by allowing a police officer or prosecutor to violate your constitutional rights. From the first time you’re questioned by a police officer or Child Protective Services (CPS), you should have your attorney present.
Defenses Against False Accusations
After carefully investigating your aggravated sexual assault case, the attorneys at Ceja Law Firm PLLC will identify the best legal defense possible in your case. The most obvious legal defense is that you didn’t commit the crime. This can be proven in a number of ways. For example, we can determine if the child was either deliberately coached or inadvertently influenced by an adult when he or she came forward to make an allegation. Unfortunately, adults sometimes use children to make sexual abuse allegations to further their agenda.
In some cases, during a divorce, a parent seeking sole physical custody may try to coach their children to accuse their soon-to-be ex-spouse as a way to obtain a better custody outcome. In other cases, a person coaches children as a way to seek revenge against another person. In others, law enforcement officers will question an alleged child victim in a way to elicit the answers they’re looking for.
This results in a false accusation by putting words in their mouth. You may have an alibi and were someone else at the time of the alleged assault, or there may be a variety of other factors that make the abuse improbable or impossible. It is also possible that you may have been mistakenly identified by the victim as the perpetrator. Additionally, you may be able to argue that the alleged victim gave consent for the sexual contact to have taken place, although a child typically cannot consent.
Contact a Skilled Aggravated Sexual Assault Attorney
Aggravated sexual assault is one of the most serious charges a person can face. Being charged with aggravated sexual assault can result in you losing your freedom for a lifetime, fines, social stigma, and placement on Texas’ sex offender registry. Contact Ceja Law Firm PLLC today to schedule your free initial consultation.
