Sexual assault is commonly referred to as rape and is one of the most serious sex crimes a person can be accused of. Sexual assault is a felony offense that can lead to lengthy prison sentences and huge fines.
Additional consequences of convictions include the effects of criminal records. No sexual assault conviction can ever be easily explained, and the result is often negative effects on applications for employment, housing, or professional licensing.
Were you or your loved one arrested or do you think that you could be under investigation for an alleged sexual assault in the Plano area? You should not say anything to authorities until you have legal representation.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Our firm will help you understand all of your legal options as soon as you call (469) 304-3422 or contact us online to take advantage of a free consultation.
Texas Penal Code § 22.011(a)(1) establishes that a person commits sexual assault if they intentionally or knowingly:
Under Texas Penal Code § 22.011(b), a sexual assault is considered without the consent of the other person if:
Texas Penal Code § 22.011(a)(2) also establishes that an alleged offender also commits sexual assault if they intentionally or knowingly:
Sexual assault is generally a second-degree felony. A conviction is punishable by a fine of up to $10,000 and/or up to 20 years in prison.
Sexual assault becomes a first-degree felony if the alleged victim was a person whom the alleged offender was prohibited from living under the appearance of being married under the state’s bigamy law or whom the alleged offender was prohibited from marrying or purporting to marry. A conviction is punishable by a fine of up to $10,000 and/or up to 99 years or life in prison.
Under Texas Penal Code § 22.011(e), it is an affirmative defense to sexual assault charges that the alleged offender was the spouse of the alleged victim at the time of the offense. It is also an affirmative defense that the alleged offender was not more than three years older than the alleged victim and at the time of the offense, was not required under to register for life as a sex offender or was not a person who had a reportable conviction or adjudication for an offense under this section, and the alleged victim was a child of 14 years of age or older and was not a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under the Texas bigamy statute.
Some alleged offenders are completely innocent of the charges they face, and prosecutors may lack the evidence needed to prove their guilt in such cases. Sexual assault charges can stem from sexual encounters that alleged offenders believed were completely consensual.
Victim Assistance | Collin County Criminal District Attorney’s Office — The Collin County Criminal District Attorney’s Victim Assistance Division provides services to victims of sexual assault. It also provides courtroom accompaniment as needed during court proceedings. Also find information on the TEXAS VINE program.
Collin County Criminal District Attorney’s Office
2100 Bloomdale Road, Suite 100
McKinney, TX 75071
The Turning Point Rape Crisis Center — The Rape Crisis Center of Collin County was established in 1982, in conjunction with the North Texas Medical Center and the McKinney Police Department, to ensure that survivors of sexual assault had a professional support system to help them in their recovery. Its mission “is to provide counseling, education, and advocacy for those impacted by sexual violence.” Learn more about programs, education, and counseling.
The Turning Point Rape Crisis Center
3325 Silverstone Dr.
Plano, TX 75023
If you believe you or your loved one might be under investigation or you have already been arrested for an alleged sexual assault in Plano or a surrounding area of Collin County, you cannot delay in seeking legal counsel. Make sure you contact the Law Offices of Richard C. McConathy as soon as possible.
Our firm will provide an aggressive defense. Call (469) 304-3422 or contact us online to set up a free consultation.