Sexual assault is one of the most serious criminal charges a person can face in Texas. At Ceja Law Firm, we understand the devastating impact an accusation can have on your life, even before the case reaches trial. It’s critical to have an experienced sex crimes defense attorney by your side from the moment an investigation begins.
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and recognized as a Texas Super Lawyer. He is also a former prosecutor who has handled numerous sex crime cases from both sides of the courtroom. This experience gives him a deep understanding of how these cases are investigated and prosecuted—and how to build the strongest possible defense for clients facing charges of sexual assault or aggravated sexual assault.
What Is Considered Sexual Assault in Texas?
Under Texas Penal Code §22.011, a person commits sexual assault if they intentionally or knowingly cause:
- The penetration of the anus or sexual organ of another person by any means, without that person’s consent;
- The penetration of the mouth of another person by the defendant’s sexual organ, without consent;
- Or contact or penetration involving a child (under 17), regardless of consent.
Consent is not valid if the victim was unconscious, mentally incapacitated, physically unable to resist, or under duress, coercion, or manipulation. Intoxication—especially if the accused caused it—can also negate consent under Texas law.
Difference Between Sexual Assault and Aggravated Sexual Assault
Aggravated sexual assault is defined under Texas Penal Code §22.021 and involves more serious circumstances, such as:
- Use or exhibition of a deadly weapon
- Causing serious bodily injury
- Threats of death, kidnapping, or trafficking
- The victim is under 14 years old, elderly, or disabled
Sexual assault is typically a second-degree felony, punishable by 2 to 20 years in prison. Aggravated sexual assault is a first-degree felony, with a punishment range of 5 to 99 years or life in prison.
Sex Offender Registration Requirements
A conviction for sexual assault or aggravated sexual assault in Texas triggers lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. These offenses are classified as “sexually violent offenses” and require:
- Lifetime registration unless a rare exemption applies (such as certain Romeo-and-Juliet cases with judicial approval)
- Annual in-person verification of identifying information
- Restrictions on where you can live and work
- Public access to your information on the sex offender registry
Failure to comply with registration requirements is a separate felony offense and can lead to additional prison time.
Possible Defenses to Sexual Assault Charges
Defending a sexual assault case requires aggressive, strategic lawyering. Common defenses include:
- Consent: Arguing that the encounter was voluntary and consensual
- Mistaken identity: Challenging the credibility or accuracy of the identification
- False accusations: Exposing motives for fabrication (e.g., custody disputes, revenge, or immigration fraud)
- Lack of evidence: Emphasizing insufficient physical or forensic evidence
- Violation of rights: Suppressing unlawfully obtained evidence
In cases involving intoxication or capacity, we may also present evidence about the voluntary nature of the encounter, inconsistencies in witness testimony, or medical records. Each case is unique, and Ceja Law Firm tailors its defense strategy to the facts and the client’s goals.
False Accusations and Investigations
Unfortunately, false allegations of sexual assault do happen—often arising from disputes over custody, breakups, or misunderstandings. At Ceja Law Firm, we work quickly to investigate the allegations, interview potential witnesses, secure favorable evidence, and expose inconsistencies in the complainant’s story.
We frequently collaborate with private investigators, digital forensic experts, and psychologists to build a compelling defense before charges are ever filed or presented to a grand jury.
What to Expect After a Sexual Assault Arrest
If arrested for sexual assault in Texas:
- You may be held in jail until a magistrate sets bond.
- Bond conditions may include GPS monitoring, travel restrictions, and no contact with the complainant.
- The case may be presented to a grand jury for indictment.
- You will have multiple court settings prior to trial.
- Your attorney may file pretrial motions to challenge the evidence or suppress unlawful police conduct.
Sex assault cases often take many months to resolve and involve complex evidence such as DNA testing, phone records, and social media messages.
Immigration Consequences for Non-Citizens
A conviction—or even deferred adjudication—for sexual assault can have devastating immigration consequences. These offenses are often considered aggravated felonies or crimes involving moral turpitude, making non-citizens subject to:
- Deportation
- Ineligibility for naturalization or adjustment of status
- Mandatory detention without bond
Even lawful permanent residents (green card holders) may be at risk. Ceja Law Firm does not handle immigration matters but works with trusted immigration counsel when needed to help clients understand and prepare for these risks.
Frequently Asked Questions (FAQ)
Can I be convicted based only on the alleged victim’s word?
Yes. Texas law does not require physical evidence or eyewitnesses. These cases often come down to credibility, which is why cross-examination and investigation are crucial.
Is consent a defense if the accuser later regrets the encounter?
Yes. Regret after a consensual sexual encounter does not make the act illegal. We work to show the jury that consent was freely and voluntarily given (consent is never a defense to sex with minors).
What if the person accusing me was intoxicated?
If the alleged victim was so intoxicated that they could not give legal consent, the prosecution may argue that the act was non-consensual. However, mutual intoxication or voluntary conduct may be used as part of your defense.
Can I get probation for sexual assault?
Probation is possible in certain cases. An experienced sex crimes attorney can discuss whether you may be eligible for regular probation or deferred adjudication probation.
Will I go to jail while the case is pending?
Not necessarily. You may be granted bond, though conditions can be strict—like GPS monitoring, drug testing, or protective orders.
How long do I have to register as a sex offender?
If convicted of sexual assault or aggravated sexual assault, registration is for life in Texas.
Can I clean my record if I’m found not guilty?
Yes. If your case is dismissed or you are acquitted at trial, you may be eligible for an expunction. If you receive deferred adjudication and successfully complete probation, you may be eligible for non-disclosure, though this does not apply to all sexual offenses.
How long will the process take?
Sexual assault cases can take several months to over a year to resolve, depending on the complexity of the case and whether it goes to trial.
How is “date rape” charged in Texas?
The term “date rape” is not a legal term under Texas law, but it typically refers to a situation where someone is accused of sexual assault following a social or romantic interaction. In Texas, these cases are charged under the same statute as other sexual assaults—Texas Penal Code §22.011. If the alleged victim was unable to consent due to intoxication or coercion, prosecutors may argue that the encounter was non-consensual, even if the individuals knew each other or had a prior relationship. These cases often involve conflicting accounts, and the defense typically focuses on consent, credibility, and the surrounding circumstances.
Call Today for a Free Consultation
If you’ve been accused of sexual assault in Houston or the surrounding areas, contact Ceja Law Firm today. Jose Ceja is a former sex crimes prosecutor and is Board-Certified in Criminal Law by the Texas Board of Legal Specialization. He offers aggressive, strategic, and personalized defense in every case.
