Criminal Defense for Sexual Assault in Plano | The Fox Firm

Plano Sexual Assault Defense Attorney

Sex Offender Lawyer in Dallas, Collin, Tarrant, Kaufman, and Denton Counties

An accusation of sexual misconduct can be devastating to everyone involved, and if you’re the one being accused of a sex crime, the potential consequences of being convicted are life-shattering. There’s the potential for life imprisonment, expensive fines, and lifelong registration as a sex offender. Sex offender registration can impact where you may be able to live, cause employment issues, make it difficult to find relationships, and even result in violent retaliation.

When facing the accusation of any sex crime, now is the time to take action. Protecting yourself or a family member during this difficult time is critical and there are important time-sensitive steps that can be taken right away to protect you and your future. Don’t wait another instant to start a consultation with a sex crime criminal defense attorney to discuss your situation and defend yourself from these serious charges.

Sex Crimes

A sex crime encompasses several illegal sexual actions that are knowingly, intentionally, and forcibly committed without the consent of the victim. Perhaps the most common is sexual assault.

Sexual Assault

There are a few different ways one can find themselves charged with sexual assault. While it often takes only the word of one person for an individual to end up with a sexual assault charge, before that individual can be convicted of sexual assault, it must be proven that they intentionally or knowingly caused

  • the penetration of the anus or sexual organ of someone else by any means without consent.

  • the penetration of the mouth of someone else by the sexual organ of the actor, without consent.

  • the sexual organ of someone, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.

According to each definition, they all have a shared requisite: consent. Consent is defined as an affirmative agreement to engage in sexual activity. If consent is not given, by definition, a sexual assault has occurred, but unfortunately many individuals find themselves charged with sexual assault where consent was given but then lied about later. Regardless of one person’s statements about consent, there are some situations the law has decided that consent could not have been freely given such as:

  • the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;

  • the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;

  • the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

  • the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

  • the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

  • the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

  • Using a position of power or authority to coerce someone into sexual contact, such as a clergyman, healthcare services provider, public servant or employee at the facility in which the victim lives.

In addition, a person under the age of 17 is not able to offer consent according to law. Even if someone under the age of 17 willingly engages in a sexual act with another person, that person may have committed a sexual offense and can be charged with sexual assault of a child. In Texas, there is a Romeo and Juliet exception to the legal age of consent which allows a person under the age of 17 to consent to a sexual act with another person so long as the age difference between them does not exceed three years.

There are also instances where allegations of sex assault can be elevated to charges of aggravated sexual assault. This can occur in instances where:

  • the sex crime accuser was seriously injured during the assault;

  • a deadly weapon was used or exhibited during the assault;

  • additional person(s) was involved to help carry out the assault;

  • a drug was used to restrain the accuser

  • the sex crime accuser was under the age of 14, elderly, or disabled.

The Penalty for Sex Crimes in Texas

Sexual assault is a second-degree felony, and a second-degree felony is punishable by up to 20-years in prison and a $10,000 fine. If the sex offense is elevated to aggravated sexual assault due to any reason above, it is a first degree felony, and a first degree felony is punishable by 5 to 99 years in prison, or life and up to a $10,000 fine. Furthermore, the length of prison time an individual must serve before they are eligible for release on parole is increased if they are convicted of aggravated sexual assault.

Sex Crimes Attorney in Plano

Sexual assault charges can be incredibly complicated. There are often no witnesses and most cases in real life are missing the forensic evidence cable television has led society to expect in a sex crime. A delayed outcry from the alleged victim of sexual abuse is also common and these issues often result in a lack of any evidence other than a verbal accusation. This accusation can often be directed at a friend or family member, or occur during divorce or child custody proceedings, which can make matters even more arduous. The Fox Firm law office is familiar with these situations, how to evaluate them and defend them, and can help.

If you are facing a sexual assault charge it is critical to protect yourself with a skilled sexual assault attorney. Sarah Fox is a former felony prosecutor that has handled sex crime cases from the point of view of the District Attorney’s Office. She now uses all of that experience and inside knowledge to help her clients. Let her help you with your situation and help provide legal advice for your criminal charge.