Sexual assault and rape are serious crimes. If someone has accused you of sexual assault or rape in Dallas, you should contact an attorney with years of experience vigorously defending clients against similar charges. Texas prosecutors take violent sex crimes like rape and sexual assault very seriously, and a conviction for these types of charges could haunt you for the rest of your life. So, you should always work with an experienced criminal defense attorney who can protect your rights if you are facing rape or sexual assault charges.
At Law Offices of Mark T. Lassiter, principal attorney Mark T. Lassiter is a former Dallas prosecutor who now represents clients throughout the state of Texas in a variety of criminal defense matters. This means he has extensive experience on both sides of the courtroom. Mark knows how the State will likely approach your case and how to prepare a strong defense case accordingly. So let Mark and his team defend your rights and protect your future.
Call us today at (214) 845-7007 or contact us online to learn more in a free consultation session.
Sexual Assault vs. Rape in Texas
Under Texas law, both sexual assault and rape are considered “assaultive offenses.” However, the lawmakers who created the current statutes did not use the term “rape.” Instead, state law uses the term “sexual assault” to describe most violent sex crimes.
Someone commits sexual assault in Texas if they:
- Penetrate the genitals or anus of another person without consent,
- Cause someone to place their genitals upon another without consent, or
- Penetrate the mouth of another person with a sexual organ without consent
Reading these definitions, you can see that most people would call one or more of these acts rape. However, they are all considered sexual assault under Texas law.
The statute also includes a definition of consent in the context of a sexual assault case. Situations that involve a lack of consent include:
- Forcing someone to engage in sexual activities using threats of violence
- Taking advantage of someone who is physically or mentally incapable of resisting, unconscious, or otherwise unaware of the assault
- Using drugs or intoxicants to purposely lower someone’s capacity to consent or resist
- Taking advantage of a position of power over someone, such as a student, healthcare patient, or religious pupil, to coerce them into sexual activities
Rape, Sexual Assault, and Aggravated Sexual Assault
The State can charge someone accused of rape with aggravated sexual assault if aggravating factors such as serious bodily injury are present. Possible aggravating factors could include:
- Age – A sexual assault charge could be upgraded to aggravated sexual assault if the alleged victim is underage.
- Disability or mental condition – Similarly, prosecutors might file aggravated sexual assault charges if an alleged victim is disabled or mentally incapacitated.
- Injury or death – If a sexual assault offense results in bodily injury or death to an alleged victim, it could be prosecuted as aggravated sexual assault.
Penalties For Sexual Assault and Rape
Sexual assault without aggravating factors is a second-degree felony in Texas. Second-degree felonies do not bring with them the risk of life imprisonment but still require you to register as a sex offender for life. The maximum sentence for these felonies is 20 years, and the minimum sentence is two years.
Aggravated sexual assault is a first-degree felony. Along with requiring you to register as a sex offender for life, aggravated sexual assault convictions can result in life imprisonment.
Those convicted of sexual assault or aggravated sexual assault in Texas are ineligible for parole if they are sentenced to more than ten years in prison. A conviction for aggravated sexual assault against children under 14 also would also preclude the possibility of parole.
Should I Contact An Attorney For My Rape or Sexual Assault Trial?
Yes. No one should navigate the complex web of laws and statutes surrounding sexual assault or rape charges without a gifted attorney by their side. Don’t settle for subpar representation or an underfunded public defender with a mountain of other cases. Hiring a knowledgeable defense attorney is the best way to ensure that your rights are protected throughout your case. Your lawyer can craft an intelligent defense case on your behalf, represent you in court during mandatory appearances, and argue with prosecutors to have your charges reduced or dismissed.
Contact A Sexual Assault and Rape Defense Attorney In Dallas
If you have been accused of sexual assault or rape in Dallas, Texas, Law Offices of Mark T. Lassiter is here to help you through this challenging time. Call us today at (214) 845-7007 or fill out our online contact form to discuss your case with our attentive team in a free, confidential case review.
