Facing accusations of rape – known under Texas law as sexual assault – can be one of the most challenging things a person faces. Today, there is a climate that is quick to rush to judgment on sexual assault allegations. Those accused often faced sensational media coverage and public stigma. The rule that someone is innocent until proven guilty may not feel like it applies, especially for those implicated in such a serious sexual crime.
Contact an Experienced Houston Rape Attorney
In addition to facing serious legal consequences, such as jail time and fines, being convicted can lead to someone’s reputation being damaged irreparably. If you face a criminal charge for rape, you should take immediate action to protect your future and legal rights. Contact the experienced Houston criminal defense attorneys at Ceja Law Firm PLLC as soon as possible to discuss your case and begin developing your defense strategy.
Fighting for Individuals Wrongfully Accused of Rape
If you’ve been charged with rape or any other type of sexual assault, it’s important that you discuss your case with an attorney as soon as possible. Contrary to popular belief, reaching out to an experienced criminal defense attorney won’t make you look guilty. Instead, it’s one of the best things you can do to protect yourself after being falsely accused.
At Ceja Law Firm PLLC, we have the experience and resources necessary to begin investigating your case immediately, gather all evidence related to the charges and make copies of evidence before turning it over to investigators. We will also begin gathering Witnesses who can attest to your character and add insight into the events leading up to the charge. After we’ve gathered evidence and developed your legal defense, we will begin negotiating aggressively for the best possible outcome in your case.
The Definition of Sexual Assault in Texas
The Texas criminal code recognizes multiple different forms of rape. Some forms are considered more severe than others and result in more serious punishments for those convicted. The primary crime involves one person having forced, non-consensual sexual intercourse with another person.
The different types of rapes are classified differently based on the relationship between the person who allegedly committed the rape and the victim. The specific actions involved also determine how it is categorized. There are many other types, and sexual assault is considered a crime in Texas, but we will highlight some of the most commonly charged types of rape.
Date
Date rape occurs when there is no consensual, forced sexual intercourse with a friend, a date, or an acquaintance. The prosecution must prove that the victim had a continuous relationship with the accused. Date rape is also called acquaintance rape.
Spousal
Spousal rape occurs when a person’s current or previous partner, whether unmarried or married, forces unwanted sexual activity. The partner must force the activity through psychological, physical, or emotional abuse. Spousal rape is also known as marital rape or partner.
Statutory
Statutory rape does not require one person to force another person into having sexual intercourse. In Texas, statutory occurs when an adult and a victim under 17 engage in sexual activity. It is also known as age-related rape. The defense that the victim wanted to have sex is not valid when it comes to statutory. Under Texas law, children under the age of 17 are not deemed to give consent to sexual intercourse with an adult.
Stranger or Gang
When a victim of sexual assault doesn’t know the perpetrator and the rape happen during a home invasion, a dark alley, or another public place, stranger rape has occurred. Gang rape occurs when a group of people, at least two or more, rape a single victim.
Aggravated
All cases of rape are inherently violent, which is why Texas considers rape to be a violent crime. However, when it is incredibly violent in nature, such as one person forcing the victim to have sex by threatening death or serious bodily injury, they can face charges. Another example would be someone forcing a sex act On a drugged or unconscious victim or sexually assaulting a child under the age of 14.
Family
Family rape occurs between two closely related people and our family. A sex act between a parent and child, uncle and nephew, is all considered family rape. Cases are also referred to as incest.
Penalties for Sexual Assault in Texas
All rape cases are prosecuted as felonies in Texas. A conviction of sexual assault, or rape, is considered a second-degree felony. The punishments for a conviction of a second-degree felony include a prison sentence between 2 and 20 years, lengthy probation, and lifetime registration as a sex offender. When a defendant has been charged with aggravated sexual assault, they are facing even more severe penalties.
Aggravated sexual assault carries a prison sentence between 5 and 99 years. The defendant may be sentenced to probation and required to register as a sex offender in Texas. In addition to jail time and registering as a sex offender, those convicted will also face a lifetime of negative stigma that could affect their career and housing opportunities.
Potential Defenses
Every case is unique, and our experienced Houston sex crimes attorney at Ceja Law Firm PLLC can help you determine the best legal defenses you should raise in your case. If the police officers in your case obtained evidence illegally or unlawfully, or they failed to follow procedure, you can raise an improper investigation defense. In cases other than statutory, you may be able to claim that the alleged victim consented to the sexual act. You may also be able to claim that police mistakenly identified you or that the rape never happened.
Discuss The Rape Charges Against You WIth a Houston Attorney Today
If If you’ve been charged with rape in Houston, Texas, it’s crucial that you discuss your case with an attorney as soon as possible. The penalties for sexual assault in Texas are serious in your freedom is at risk. Contact the skilled criminal defense attorneys at Ceja Law Firm PLLC today to schedule your free initial consultation.
