Texas has sexual assault laws that can seriously impact your case. Knowing them can help you defend yourself, especially when you understand how you can be investigated and in what ways the police can’t.
If there was a deadly weapon at the time of an alleged rape or attempted rape and it was either used or exhibited, then aggravated sexual assault is a likely charge. Using a date rape drug such as rohypnol or ketamine can be enough evidence to result in an aggravated sexual assault charge. Additionally, cases with victims under the age of 14 tend to be filed as aggravated sexual assaults.
There may be a number of ways to defend yourself against a sexual assault charge. If you were the spouse of the person at the time of the alleged assault, if you were no more than three years older than a minor age 14 or older or if you had the consent of the alleged victim, then the case may not be able to be tried as an assault case. A lack of intent or lack of knowledge is also able to be used as a defense in these cases.
Sexual assault is usually filed as a second-degree felony. What that means is that you could face up to 20 years in a state prison and up to $10,000 in fines. You could be facing a first-degree felony in some cases, however.
If you’re facing sexual assault charges, it’s safe to say that your future is at risk. With the right defense, you may be able to protect yourself against unjust claims and penalties.
Source: FindLaw, “Texas Sexual Assault Laws” Nov. 06, 2014