Sexual Assault Criminal Defense Lawyers.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][vc_single_image image=”8330″ img_size=”full” onclick=”custom_link” link=”samadamolaw.vaultwebsites.com”][vc_row_inner][vc_column_inner][gap height=”20″][vc_column_text]- Former Prosecutor – Serious Crimes
- Former Counsel for the Police Union.
- Board Certified Sexual Assault Criminal Law Specialist.
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
- ⭐️⭐️⭐️⭐️⭐️Legal Rating on Google, Yelp, and Avvo.
- Sexual Assault Criminal Defense Attorneys
Contact our sexual assault criminal defense lawyers!
(713) 568-7011
[/vc_column_text]3200 Travis, 4th Floor Houston, TX 77006 
Sexual Assault Criminal Defense Attorneys – Where in the Texas Penal Code is the statute for Sexual Assault?
The sexual assault statute is Texas Penal Code 22.011.
(a) a person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(C) causes the sexual organ of another person without that person’s consent, to contact or penetrated the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
Sexual Assault Criminal Defense Attorneys – What does “without the consent of the other person” mean under the statute?
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) 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;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) 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;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provided or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submitter participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
Sexual Assault Criminal Defense Attorneys – Relevant Statutory Definitions.
(c) in this section:
(1) “Child” means a person younger than 17 years of age.
Sexual Assault Criminal Defense Attorneys – Statutory Defenses.
(d) it is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or third party.
(e) It is an affirmative defense to prosecution under Subsection (a)(2):
(1) that the actor was the spouse of the child at the time of the offense; or
(2) that:
(A) the actor was not more than three years older than the victim and at the time of the offense:
(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(B) the victim:
(i) was a child of 14 years of age or older; and
(ii) was not a person whom the actor was prohibited from marring or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
Sexual Assault Criminal Defense Attorneys – What is the Punishment for Sexual Assault?
2nd Degree Felony (2-20 years in prison; up to $10,000 fine)
Except an offense under this section is a 1st degree felony (5 – life in prison; up to $10,000 fine) if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
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