Sexual assault is a violent criminal offense characterized by non-consensual sexual activity. If you have been charged with sexual assault or any other rape offense, it is absolutely vital that you contact a San Antonio sexual assault lawyer as soon as possible after your arrest.
Texas Sexual Assault Law
Texas has one of the strictest sexual assault laws in the country. According to Texas Penal Code section 22.011(a)(1), sexual assault occurs when a person “intentionally or knowingly” does one of the following:
- Causes penetration of the anus or female sexual organ of any person by any means, without the person’s consent;
- Causes the penetration of the mouth of another person by sexual organ of the actor, without the person’s consent; or
- Causes the sexual organ of another person, without the person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
Texas Penal Code section 22.011(a)(2) applies these same laws to sexual misconduct with children.
Defending Sexual Assault Charges
A San Antonio sexual assault lawyer will advise you that individuals charged with sexual assault have a number of defenses available to them. In order for you to be convicted of sexual assault, the prosecution must prove every element of the offense “beyond a reasonable doubt.” If they fail to do so, you cannot be convicted under the law.
The Texas statute regarding sexual assault requires that the offender must have “intentionally or knowingly” committed the act. This is important language, as it requires the actor to be an active participant in the crime. The word “intent” can be generally understood as having the goal or aim to bring about a certain goal. “Knowingly” simply means that the person was aware that their actions would cause a certain result. If the prosecution fails to prove the knowledge or intent element of this crime, then you cannot be prosecuted under the statute for Texas sexual assault. An experienced San Antonio sexual assault lawyer can evaluate your case to determine whether or not this element of the offense can be satisfied in your case.
In most sexual assault cases, the most highly contested element of the offense is consent. Most persons charged with sexual assault argue that while sexual contact did occur, the alleged victim actually consented to the sexual activity. San Antonio sexual assault lawyers know that consent can often be difficult to prove in sexual assault cases as it often comes down to the word of the defendant versus the word of the alleged victim. In the state of Texas, the court will allow lack of consent to be proven simply by the use of victim testimony. This means that it is possible for you to be convicted without any physical evidence.
In cases involving sexual assault, the best defense that you have available is to hire an experienced San Antonio sexual assault lawyer. Knowledgeable San Antonio sexual assault lawyers will have a clear understanding of Texas law and will be able to help you prepare a valid legal defense.
If you have been charged with sexual assault, contact the law office of Christine & Mario Del Prado to discuss your case with an experienced San Antonio sexual assault lawyer. We will investigate your case and help you build the best defense possible. If you are facing a criminal charge, call our office today at (210) 698-3533 to schedule a free initial consultation.