Houston Sexual Assault Lawyer

Overview of Sexual Assault & Aggravated Sexual Assault Cases

What many states refer to as rape, date rape, or violent rape, Texas law calls Sexual Assault or Aggravated Sexual Assault. They are defined by Sections 22.011 and 22.021 of the Texas Penal Code. When involving adults, they generally involve nonconsensual sex. Sexual Assault charges are not limited to actual intercourse, the penetration of other parts of the body, including the mouth of either the accused or the victim, if nonconsensual, is covered by the statute.

An encounter may be considered nonconsensual through the use of force, threats, intoxicants, or other circumstances wherein the alleged victim is unaware of or deprived of the ability to appreciate that the sex is occurring or consent. The status of the accused, particularly their job, and their relationship to the other party may also make the encounter nonconsensual. Charges may arise from relationships between a person and a peace officer, prison guard, doctor, psychiatrist, nurse, or other profession listed in the code.

Certain circumstances, including the use of particular "date rape" drugs, violence, weapons, or if the victim is elderly or disabled, may cause the charge to be considered aggravated. Aggravated offenses have higher ranges of punishment and may be less likely to result in community supervision or parole.

Unfortunately, many times people are charged for things that simply did not happen, were consensual, or non-exploitative, and not illegal. Good people face the horror of being accused of a sex crime and face the prospect of having to register as a sex offender for the rest of their life.

Penalties for Sexual Assault or Aggravated Sexual Assault

All of these acts are treated harshly by the justice system. In most felony sex offenses, a person who is convicted or placed on deferred adjudication may be required to register as a sex offender for life. The failure to register, if required to, is a felony offense, separate from the original crime. Facing such serious and embarrassing charges is stressful and intimidating making it critical that you contact a Houston criminal defense lawyer as soon as you possibly can. At the Law Office of Q. Tate Williams PC, my firm understands that you are facing the most difficult and humiliating experience of your life and you need a compassionate ally to help you through. I care about my clients and their lives and will take the time to listen to you and your goals in the representation.

What can I do?

Assert your 5th Amendment right to remain silent. Suspects, some of whom haven't done anything wrong, talk their way into sex crime convictions every day. Don't talk to the police other than providing your name and identifying information. You have nothing to gain and everything to lose. Then seek the advice of an experienced sex crime attorney. An experienced sex crimes attorney will be able to guide you, counsel you, and protect you.

The Truth About Polygraphs

Although the results are not admissible in court, police agencies routinely ask the targets of sex crimes investigations to take a polygraph or "lie detector test." Why? It's really about getting a suspect down to the station, without an attorney, and getting them scared. It's an investigative tool to extract confessions. Remember, they wouldn't be asking you to take it if they didn't think you did something.

The police may tell someone they failed, even if they didn't, to try to extract a confession. In reports they may say "indicates deception" for failure or, and more importantly, "inconclusive" for passing. Honest law enforcement officers will admit that they will not consider the results of a polygraph performed by an independent private examiner. Why? Who knows; maybe they assume all polygraph examiners are the same.

Independently administered polygraphs may be used to the advantage of an accused, particularly with a grand jury. If you are under investigation for or accused of a sex crime, you may benefit by having an experienced sex crime attorney on your side.

Rape Defense Attorney in Houston

If you are under investigation for, accused of, or charged with a sexual assault or aggravated sexual assault, the embarrassment, stress and intimidation you endure are only the beginning. Charges can affect your family, relationships, and your job. The potential penalties can change the course of your life. You need an attorney who will stand with you, who will treat you like a person and who knows what they're doing and will fight for you. I don't handle a large volume of cases; my focus is on quality and personal attention. Part of my job is to counsel you through the darkest period of your life while aggressively protecting your rights. My firm will thoroughly investigate your case to protect your freedom and deliver the best outcome for you. My firm has the experience needed to tactfully negotiate with the prosecution for a reduction in charges or even a dismissal. If necessary, I am prepared to go to trial to tenaciously defend you and help you seek the best result possible. You deserve to be treated with dignity and respect; your constitutional rights matter as much as anyone else's and my firm will tenaciously protect you and your future.

Contact a Houston sex crime attorney from my trusted and established firm to provide you with energetic and professional representation against these charges.