Sexual assault, otherwise known as “rape,” is one of the trickiest charges to defend. Rape allegations can be incredibly stressful. They can lead to strain in one’s personal and professional life. If the sexual assault is in reference to a child, it can be catastrophic to one’s reputation and future.
Nonetheless, rape is a common offense and can completely devastate a person. There have been many citizens with no criminal records who have been accused and convicted of sexual assault.
If a defendant is convicted of a sexual assault crime, there’s a possibility of them serving a prison sentence. Alongside this, they will sometimes be required to register as a sex offender. Lastly, a defendant may have their probation revoked if they challenge their sex offender treatment program. This could result in facing felony charges potentially for a second time.
Sexual assault crimes are not something to take lightly. Individuals who are charged with sexual assault should remain silent and contact legal representation immediately.
Sexual Assault Crime Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Rape crimes are difficult to defend because normally members of the general public tend to take the victim’s side. This is especially true for child sexual assault. All sexual assault crimes carry a heavy negative stigma and are severely prosecuted with felony charges.
Additionally, if convicted, the alleged offender is required to register as a sex offender. If you face allegations of sexual assault in the Dallas-Fort Worth metropolitan area, it is imperative that you contact an experienced criminal defense attorney.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Rape Defined under Texas Law
The Texas Penal Code § 22.011 never uses the word “rape.” Instead, Texas law uses the term Sexual Assault as an umbrella to cover a wide range of sex crimes. Usually, sexual assault is defined as an assaultive offense of a sexual nature in Texas. Sexual assault includes vaginal, oral, or anal sex and the actor can be male or female.
Events that are defined as sexual assault according to the Texas Penal Code include:
- Intercourse and penetration without consent;
- Forcible and violent intercourse, penetration, or sexual contact, even with consent;
- Sexual abuse of someone who cannot give consent due to disability or mental capacity;
- Intercourse, penetration, or sexual contact with a minor; or
- Coercive sexual acts
Note that there are more scenarios that Texas law considers sexual assault. For instance, if the victim was unconscious, drugged, mentally ill, or disabled, this would be considered sexual assault.
Additionally, the act would be defined as a sex crime if the victim lacked consent and the actor was in a position of authority such as a mental health professional, member of the clergy, health professional or police officer.
Sexual assault also includes any sexual act with a child younger than seventeen, unless the offender is three years older or less.
Another facet of sexual assault with enhanced penalties is aggravated sexual assault. A person charged with aggravated sexual assault is accused of giving the victim either a serious bodily injury, threatening the victim into sex trafficking, administering a date rape drug, or using a deadly weapon. The charge of aggravated sexual assault may result in a first-degree felony.
Requirements of Sex Offenders in Texas
An additional component of sex crimes is the possibility of the offender being forcibly registered as a sex offender. Any conviction of a serious sex crime, such as sexual assault or aggravated sexual assault, could possibly result in the accused being registered as a sex offender.
A registered sex offender is required to disclose information to local law enforcement such as name, address, a color photograph, and the offense the actor was convicted of or adjudicated for. Additionally, registered sex offenders are required to periodically update law enforcement of any changes to this information. If the offender fails to comply with these requirements they are subject to felony prosecution.
Registered sex offenders are obligated to notify the public through the Texas Department of Public Safety (TXDPS). The TXDPS maintains a statewide sex offender registration database. In this database, the public can freely access the information given by local law enforcement about the offender.
Some local law enforcement agencies have established websites where the public can search for sex offenders living in their community. There is even a chance that some law enforcement authorities will publish some sex offenders in local newspapers where the offender currently resides. Lastly, if there is a high-risk sex offender moving into a community, the TXDPS will notify the community or local businesses through the mail.
It can be difficult to find employment, create personal relationships, or be present in a community if one is labeled as a sex offender. This is why if an individual has been charged with a sex crime in the Dallas area, they should contact an experienced criminal defense attorney.
Additional Resources
Dallas Area Rape Crisis Center – Visit the Dallas Area Rape Crisis Center, otherwise known as “DARCC”, to read further on sexual assault. Find resources, frequently asked questions, statistics, definitions of rape, and survivor stories.
TXDPS: Sex Offender Registration Program – Visit the Texas Department of Public Safety’s website to read more on the Texas Sex Offender Registration Program. See how sex offenders are registered, the public notification laws designed to protect the Dallas community and the penalties for not completing the program.
Texas Penal Code: Chapter 22 – Visit the Texas State Legislature and read the statute regarding assaultive offenses. Learn more about the legal language surrounding assault, sexual assault, aggravated sexual assault, smuggling persons, and more.
Find A Dallas County Defense Attorney for Rape Charges | Law Offices of Richard C. McConathy
Have rape accusations made an impact on your life and future? Do not wait for another moment. Contact our attorneys at Law Offices of Richard C. McConathy for legal assistance regarding your case. Sexual assault allegations can be serious and may lead you to a felony charge.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.