Houston Sexual Assault Defense Attorney
If you need a Houston sexual assault defense attorney, Board-Certified criminal defense attorney Jose Ceja is ready to defend you. Sexual assault is one of the most serious felony charges in the Texas Penal Code. A conviction carries a sentence of 2 to 20 years in prison, lifetime sex offender registration, and consequences that follow you permanently in every area of life. An accusation alone — before any conviction — can cost you your job, your relationships, and your standing in the community.
What most people call “rape” is charged in Texas as sexual assault under Texas Penal Code §22.011. Whether the allegation involves force, intoxication, a position of authority, or a claim of false accusation, the defense strategy has to be built on a precise understanding of how these cases are prosecuted and where they can be challenged. Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is a former prosecutor and regularly defends sex crimes throughout the Houston area. He has handled these cases from both sides of the courtroom. Our firm serves clients in English and Spanish throughout Houston and Harris County. Call today for a free, confidential consultation.
Sexual Assault Charges in Texas:
Quick Reference for Houston Defendants
| Item | Details |
|---|---|
| Statute | Texas Penal Code § 22.011 |
| Classification | Second-degree felony (most cases) |
| Punishment Range | 2 to 20 years in prison; up to $10,000 fine |
| Sex Offender Registration | Lifetime, under Texas Code of Criminal Procedure Chapter 62 |
| Key Element | Sexual act committed without consent, as specifically defined by statute |
| Common Defenses | Consent, false accusation, mistaken identity, suppression of unlawfully obtained evidence, Romeo and Juliet (limited) |
| Related Charge | Aggravated sexual assault (§ 22.021) — first-degree felony, 5 to 99 years |
What Constitutes Sexual Assault Under Texas Law
Under Texas Penal Code §22.011, a person commits sexual assault by intentionally or knowingly causing any of the following without the other person’s consent: penetration of the anus or female sexual organ of another person by any means; penetration of the mouth of another person by the actor’s sexual organ; or contact or penetration involving the sexual organ of another person with the mouth, anus, or sexual organ of another person, including the actor.
The statute’s definition of consent is not the everyday meaning of the word. Texas law specifies the circumstances under which a sexual act is legally deemed nonconsensual, and those circumstances go well beyond physical force. An act is without consent when the actor compels the other person through physical force or violence; through threats of force the person believes the actor can carry out; or when the actor knows the other person is unconscious, physically unable to resist, or unaware the act is occurring.
Consent is also legally absent in a range of situations involving exploitation of authority or dependency. These include a public servant who coerces submission; a mental health or healthcare provider who exploits a patient’s emotional dependency; a clergyman exploiting a parishioner’s dependency in a spiritual advisory role; a coach or tutor exploiting a person’s dependency on them; a caregiver hired to assist with daily activities; an employee of a long-term care facility who has sexual contact with a resident; and a healthcare provider who uses reproductive material from an unauthorized donor in an assisted reproduction procedure.
Critically, as of September 1, 2025, Texas law was updated to provide that consent is absent when the actor knows the other person is intoxicated or impaired by any substance to the extent they are incapable of consenting. This replaced the prior language requiring proof that the actor administered the substance without the person’s knowledge. The practical effect is that cases involving voluntary intoxication by the complaining witness are now easier for the State to prosecute, and how that issue is framed and contested at trial is more important than ever.
Penalties for Sexual Assault in Texas
A sexual assault conviction under §22.011 is a second-degree felony in most circumstances, carrying 2 to 20 years in prison and a fine of up to $10,000. Probation is possible in some cases, but it is not guaranteed and depends heavily on the facts, your background, and the quality of your representation.
The charge elevates to a first-degree felony — with a punishment range of 5 to 99 years or life — when the person convicted is prohibited from marrying the victim under Texas bigamy laws, such as in cases involving close family members.
Beyond the prison sentence, a conviction carries lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. Registration requires annual in-person verification, public listing of your information on the state registry, and restrictions on where you can live and work. Failure to comply with registration requirements is itself a separate felony offense.
How Sexual Assault Differs from Aggravated Sexual Assault
Sexual assault under §22.011 and aggravated sexual assault under §22.021 are distinct offenses charged under separate statutes. Aggravated sexual assault applies when the offense involves the use or exhibition of a deadly weapon, causes serious bodily injury, involves threats of death or kidnapping, or the victim is under 14 years old, elderly, or disabled. Aggravated sexual assault is a first-degree felony with a minimum sentence of 5 years and a maximum of 99 years or life. If you are facing an aggravated charge, visit our Houston aggravated sexual assault defense page for information specific to that offense.
Defenses to Sexual Assault Charges in Houston
Sexual assault cases are rarely straightforward. Most turn on contested facts, disputed credibility, and how the evidence is developed and challenged. The defenses available depend entirely on the specific facts of your case, but the most common and effective approaches include the following.
Consent
Where the encounter was voluntary and consensual, the defense focuses on exposing the inconsistencies in the complaining witness’s account, establishing the circumstances surrounding the encounter, and presenting any communications, prior conduct, or witness testimony that supports consent. Regret after a consensual encounter does not make the act criminal. However, consent is never a defense to sexual contact with a person under 17.
False Accusation
False allegations of sexual assault occur, often arising from custody disputes, relationship breakdowns, immigration-related motivations, or personal vendettas. Jose Ceja’s firm works quickly to investigate the circumstances of the accusation, identify the complainant’s motive, examine prior communications, and retain private investigators and digital forensic experts when needed. The earlier this work begins, the more effective it is. For more on how false accusations arise in immigration contexts, see our article on U visa fraud and false accusations. See also: how to defend against a false accusation of sexual assault.
Mistaken Identity
In cases where the parties did not know each other, identification can be contested. DNA evidence, alibi testimony, surveillance footage, and cross-examination of the State’s identification witnesses all play a role.
Unlawfully Obtained Evidence
If the police violated your constitutional rights during the investigation — through an unlawful search, an improper interrogation, or a coerced statement — that evidence can be suppressed. Removing key evidence from the State’s case can change the outcome entirely.
Romeo and Juliet Defense
Texas law provides a limited affirmative defense for certain cases involving a complainant who was 14 years of age or older, where the actor was no more than three years older than the complainant, the actor was not required to register as a sex offender, and the actor did not have a prior reportable conviction under Chapter 62. This defense is narrow, age-sensitive, and requires careful analysis of the specific facts. It does not apply in all cases, and even a difference of a few months in age can determine eligibility.
Mental Disease or Defect — Knowledge Requirement
When the State alleges that the complaining witness was incapable of consent due to a mental disease or defect, the State must also prove that the actor knew of that condition. This knowledge element is typically proven through circumstantial evidence — prior contact, familiarity with the person’s circumstances, or the visibility of the condition. Challenging the State’s evidence on what the defendant knew is a critical line of defense in these cases.
Quick Reference: How Texas Law Defines “Without Consent”
The following is a consolidated reference of the circumstances under Texas Penal Code §22.011(b) in which a sexual act is legally deemed to occur without consent.
- Physical force or violence used to compel submission
- Threat of force the person believes the actor can carry out (against the victim or another person)
- Actor knows the person is unconscious or physically unable to resist
- Actor knows the person has a mental disease or defect making them incapable of appraising or resisting the act
- Person is unaware the sexual act is occurring
- Actor knows the person is intoxicated or impaired to the extent of being incapable of consenting (effective September 1, 2025)
- Actor is a public servant exploiting their position
- Actor is a mental health or healthcare provider exploiting patient dependency
- Actor is a clergyman exploiting spiritual dependency
- Actor is a coach or tutor exploiting a person’s dependency
- Actor is a caregiver exploiting a person’s dependency on assistance with daily living
- Actor is a long-term care employee having sexual contact with a resident
- Actor is a healthcare provider using unauthorized donor reproductive material in an assisted reproduction procedure
Sexual Assault Prosecution in Harris County
Harris County prosecutes sexual assault cases aggressively. According to the Harris County Sexual Assault Response Team’s biennial report, the Harris County District Attorney’s Office filed 494 sexual assault charges in roughly an 18-month period from 2022 through mid-2023, as reported by Houston Public Media. These cases are assigned to specialized prosecution units and pursued regardless of whether physical evidence exists. A complaining witness’s testimony alone is legally sufficient to support a conviction in Texas. That enforcement environment means the quality of your defense from the very first setting has a direct impact on how your case resolves.
If you are concerned about your case, you can also read: Can a sexual assault charge be dismissed in Texas?
What Happens After a Sexual Assault Arrest in Houston
Sexual assault cases in Harris County move on a longer timeline than most criminal cases and involve more complex evidence. Understanding the sequence helps you stay ahead of the process rather than react to it.
After arrest, you will be booked and held until a magistrate sets bond. Bond conditions in sexual assault cases are typically strict and may include GPS monitoring, no-contact orders with the complaining witness, travel restrictions, and drug or alcohol testing. The case is then presented to a grand jury for indictment. If the grand jury returns a true bill, the case proceeds to one of the Harris County felony district courts.
From indictment through resolution, the evidence in a sexual assault case typically includes DNA testing and lab analysis, phone records and text messages, social media communications, medical examination reports, and witness accounts. These cases regularly take six months to well over a year to resolve, and the investigation phase before indictment is equally important. If you are contacted by law enforcement before charges are filed, do not speak to investigators without an attorney present. You can learn more about what to expect in Harris County felony courts at the Harris County Criminal Justice Center.
Sex Offender Registration Consequences
A conviction for sexual assault under §22.011 triggers lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. This means annual in-person reporting to verify identifying information, public listing on the Texas sex offender registry, and restrictions on where you can live, work, and be present. Violations of registration requirements are prosecuted as separate felony offenses.
A rare exception exists in certain Romeo and Juliet cases where a court approves termination of the registration requirement, but this is limited and requires a separate legal proceeding. For most defendants convicted under §22.011, registration is permanent.
For a full overview of Texas sex offender registration requirements, see our article on Texas sex offender registration laws.
Long-Term Consequences of a Sexual Assault Conviction
Beyond prison and registration, a sexual assault conviction creates a permanent felony record that affects every major area of life. Employment background checks will flag the conviction, and many professional licenses — including those in healthcare, education, law, and finance — are unavailable or subject to revocation. Housing applications are affected, as landlords routinely screen for sex offenses. For non-citizens, the consequences extend further still.
Immigration Consequences
For non-citizens, a sexual assault conviction — or in many cases even deferred adjudication — can be treated as an aggravated felony or a crime involving moral turpitude under federal immigration law. Either classification can trigger mandatory detention, deportation proceedings, and permanent bars to reentry, naturalization, and adjustment of status. Green card holders, visa holders, DACA recipients, and those with pending immigration applications are all at risk. Deferred adjudication is treated as a conviction under federal immigration law even if the case is later dismissed under Texas law. If your immigration status could be affected by this charge, consult an immigration attorney before accepting any plea offer or deferred adjudication arrangement.
Your Record After a Sexual Assault Charge
If your case is dismissed or you receive a not-guilty verdict at trial, the arrest record can be expunged — completely removed, allowing you to legally deny it occurred. At Ceja Law Firm, we regularly help clients pursue expunction after favorable outcomes. If you receive deferred adjudication and successfully complete probation, you may be eligible for a nondisclosure order in some circumstances, though nondisclosure does not apply to offenses requiring sex offender registration. The availability of nondisclosure in a sexual assault case depends on the specific facts and outcome, and an attorney should evaluate whether you qualify before you accept any plea. A conviction for sexual assault is not expungeable. Learn more on our expunction page.
How Ceja Law Firm Defends Sexual Assault Cases
Every sexual assault defense starts in the same place: a thorough, immediate review of the evidence before any decisions are made.
Step 1: Case Intake and Immediate Action
We review the facts during an initial consultation and advise you on what not to say and what not to do — including not speaking to law enforcement without counsel present. If charges have not yet been filed, early intervention before grand jury presentation can be decisive.
Step 2: Evidence Review
We obtain all available evidence: the police report, DNA lab results and chain-of-custody documentation, bodycam and dashcam footage, the complainant’s recorded statements, phone and social media records, and medical examination reports. We examine the circumstances of the initial investigation for any constitutional violations that could support a motion to suppress.
Step 3: Strategy and Resolution
Based on what the evidence shows, we develop a strategy tailored to your case — whether that means filing suppression motions, challenging the State’s evidence at every stage, negotiating a reduction, or taking the case to trial. You will understand every option before any decision is made.
Frequently Asked Questions: Sexual Assault Defense in Houston
“Rape” is not a term used in the Texas Penal Code. What most people refer to as rape is prosecuted in Texas as sexual assault under §22.011 or aggravated sexual assault under §22.021, depending on the circumstances. The charge covers non-consensual penetration, oral sex acts, and sexual contact committed under any of the circumstances defined by statute. The term rape remains commonly used in everyday conversation and in searches for legal help, but the criminal charge, the elements the State must prove, and the penalties are all governed by the sexual assault statute.
Date rape — also called acquaintance rape — refers to a sexual assault that occurs between people who know each other, often following a social encounter. Texas does not have a separate “date rape” charge. These cases are prosecuted under the same sexual assault statute as any other case, and the State faces the same burden of proving that the act occurred without consent. What makes these cases complex is that they typically involve no neutral witnesses, conflicting accounts of the same encounter, and questions about intoxication and what each party communicated. The defense focuses on consent, credibility, prior communications, and the circumstances surrounding the encounter. For a deeper look at how these cases are prosecuted, see our article on how date rape is charged in Texas.
Do not speak to investigators without an attorney present — this is the single most important thing you can do to protect yourself. Law enforcement is not required to tell you the truth during an interrogation, and anything you say will be used against you if charges are filed. Early intervention by a defense attorney can affect whether the case is ever presented to a grand jury at all. At Ceja Law Firm, we regularly engage cases at the investigation stage, before an indictment is sought, and that early work can be decisive. If you have been contacted by police or a sex crimes investigator, call us immediately.
False accusations of sexual assault happen, and they can devastate a person’s life before any charge is ever filed. Common scenarios include custody disputes, relationship breakdowns, immigration-related motivations such as a U visa application, and personal vendettas. The moment you become aware of an accusation — even informally — you should retain an attorney. We work immediately to investigate the source of the allegation, examine the complaining witness’s prior statements and communications, identify motive, and retain private investigators and digital forensic experts when the evidence supports it. See our article on U visa fraud and false accusations for more on this specific scenario.
Yes. Texas law does not require physical evidence, DNA, or eyewitness corroboration for a sexual assault conviction. These cases frequently come down to credibility. That is why rigorous cross-examination, early investigation, and exposure of inconsistencies in the complainant’s account are central to the defense.
Texas law provides an affirmative defense for certain cases where the complainant was 14 or older and the defendant was no more than three years older than the complainant, was not required to register as a sex offender, and had no prior reportable conviction under Chapter 62. This defense is age-specific and requires careful analysis. A difference of months in age can determine eligibility, and it does not apply in all cases.
As of September 1, 2025, Texas law provides that a sexual act occurs without consent when the actor knows the other person is intoxicated to the extent of being incapable of consenting. Whether the complainant’s level of intoxication actually reached that threshold, and what the defendant knew about it, are contested factual questions that your attorney must develop carefully through the evidence.
Regret after a voluntary, consensual encounter does not make the act criminal. However, consent that is withdrawn during an encounter and then disregarded by the actor is a different question. The specific circumstances of what happened and when determine how this is analyzed. Consent is never a defense to sexual contact with a person under 17.
A conviction for sexual assault under §22.011 triggers lifetime sex offender registration in Texas. There is no time limit after which registration ends, and failure to comply is a separate felony offense. This is one of the most significant and permanent consequences of a conviction, and it is a central reason why the outcome of the case matters so much. Learn more: Texas sex offender registration laws.
A conviction cannot be expunged. If your case is dismissed or you are found not guilty, the arrest record can be expunged. If you receive deferred adjudication, nondisclosure may be available in some circumstances but does not apply to all sexual offenses. An attorney should evaluate your eligibility before you accept any plea offer. Learn more on our expunction page.
A sexual assault conviction can be treated as an aggravated felony or a crime involving moral turpitude under federal immigration law, triggering deportation, bars to naturalization, and mandatory detention. Deferred adjudication counts as a conviction under federal immigration law regardless of how Texas courts treat it. Non-citizens should consult an immigration attorney before accepting any plea.
Sexual assault cases in Harris County typically take six months to well over a year to resolve, depending on the complexity of the evidence and whether the case goes to trial. DNA analysis, expert review, and motion practice all extend the timeline. That time is not wasted — it is the period during which the defense is built.
Jose Ceja prosecuted sex crimes before entering private defense practice. That experience gives him direct knowledge of how these cases are investigated, how evidence is assembled, and what the State’s strategy will be at each stage. He knows the arguments prosecutors make because he made them. He uses that understanding to anticipate and counter the State’s approach from the first setting through trial. Learn more about his background on the Jose Ceja attorney profile page.
Facing a Sexual Assault Charge in Houston? Call Ceja Law Firm Today.
A sexual assault charge in Harris County is prosecuted aggressively and carries consequences that do not end when a sentence is served. The sooner you have experienced counsel building your defense, the more options you have. Board-Certified criminal defense attorney Jose Ceja is a former prosecutor with a deep understanding of how these cases are built and how to challenge them. Ceja Law Firm serves clients in English and Spanish throughout Houston and Harris County. Contact us today for a free, confidential consultation.
If you are searching for a Houston sexual assault defense attorney who has handled these cases from both sides of the courtroom, Ceja Law Firm offers Board-Certified representation with the experience of a former prosecutor — call today for a free, confidential consultation.
Don’t face a sexual assault charge alone. Ceja Law Firm defends clients throughout Houston and Harris County with the experience of a Board-Certified, former prosecutor. Hablamos español. Call today for a free, confidential consultation.
