SEX CRIMES DEFENSE
ATTORNEY IN BRYAN, TEXAS

According to the FBI Uniform Crime Reporting Program, an estimated 14,693 cases of rape were reported in Texas in 2018. Sex crime allegations, including sexual assault and rape, are serious offenses in Texas that can carry significant consequences. If convicted, a defendant could face lengthy jail time, substantial fines,  a requirement for registration as a sex offender, and other social ramifications.

If you are under investigation for a sex-related crime or if you are facing sexual assault or rape charges, retaining a skilled and aggressive Texas criminal defense attorney immediately is a crucial step toward clearing your name. As an experienced criminal defense attorney, I have been offering comprehensive legal guidance and strong representation to clients facing sex crime charges and allegations for more than 25 years. As your attorney, I will fight aggressively to protect your rights, establish a strong defense strategy, fight the allegations against you and try to develop overwhelming evidence to defend you in pursuit of a favorable outcome.

My firm, Rick Davis & Associates, proudly serves clients throughout Bryan, Texas, and the surrounding areas of College Station, Brenham, Anderson, Madisonville, Caldwell, and Washington County, Grimes County, Burleson County, and Madison County.

DEFINING CONSENT UNDER TEXAS LAW

Before diving into the different types of sex crimes defined by Texas law, it's important to first understand the state's laws on consent. Consent can be described as an agreement between two people to engage in sexual activity. In Texas, the legal age of consent is 17 years of age. Therefore, any kind of sexual activity with a minor (a child below 17 years), even if the child lied about their age or expressed consent to the sexual activity, is considered statutory rape.

TYPES OF SEX-RELATED CRIMES

Sexual misconduct involves exhibiting a series of sexual behaviors to another person without that person's consent. In Texas, sex crimes may include different types of non-consensual sexual conduct, such as:

SEXUAL ASSAULT (RAPE)

Under Texas law, sexual assault (also referred to as rape) is considered a very serious infraction. Pursuant to Texas Penal Code Section 22.011, a person commits the offense of sexual assault when the defendant intentionally or knowingly:

• Penetrates the anus or sexual organ of another person by any means, without the victim's consent

• Penetrates the mouth of another person by the defendant's sexual organ, without the victim's consent

• Causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the defendant.

Sexual assault is considered a second-degree felony, punishable by two to 20 years imprisonment and a fine of up to $10,000.

AGGRAVATED SEXUAL ASSAULT 

A sexual assault charge may be elevated to an aggravated sexual assault when, in the process of committing the sexual assault, the defendant:

• Causes serious bodily injury or attempted to cause the death of the victim

• Places the victim in fear of death or serious bodily injury 

• Uses a deadly weapon during the crime

• Acts with another person to commit the crime

• Commits the crime on a victim who is younger than 14 years of age

• Commits the crime on a victim who is disabled or an elderly

Aggravated sexual assault is considered a first-degree felony, punishable by 5 to 99 years imprisonment and a fine of up to $10,000. A minimum prison sentence of 25 years may apply if the victim is under six years old.

STATUTORY RAPE

Under Texas law, it is illegal for an adult to have sex with a minor (a person under the age of 17), even if it is consensual. This is also referred to as statutory rape. Statutory rape is considered a second-degree felony, punishable by 2 to 20 years imprisonment and a fine of up to $10,000. Note, however, that it is a defense to statutory rape if a person has consensual sex with another person who is close to their own age. This applies to a minor who is between the ages of 14-17 who has consensual sex with someone who is less than three years older than they are.  This is sometimes called the Romeo and Juliet exception.

INDECENCY WITH A CHILD (CHILD ABUSE)

Pursuant to Texas Penal Code Section 21.11(a), a person commits an offense if, with a child younger than 17 years, the person:

• Engages in sexual contact with the child or causes the child to engage in sexual contact

• Exposes the person's anus, genitals, or causes the child to expose the child's anus or genitals with intent to arouse or for sexual gratification.

This is considered a second-degree felony, punishable by two to 20 years imprisonment and a fine of up to $10,000.

PUBLIC SEX CRIMES

Public sex crimes involve sexual offenses that are committed in a public place. These offenses include:

PUBLIC LEWDNESS 

According to Texas Penal Code Section 21.07, a person commits an offense if he or she intentionally or knowingly engages in any of the following acts in a public place:

• Act of sexual intercourse

• Act of deviate sexual intercourse

• Act of sexual contact

Public lewdness is considered a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $4,000, or both.

INDECENT EXPOSURE

Pursuant to Texas Penal Code Section 21.08, a person commits an offense if he knowingly exposes his anus or any part of his genitals with intent to arouse or for the sexual gratification of any person. Indecent exposure is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, or both.

RECORDING OR UNLAWFUL
ELECTRONIC TRANSMISSION

Pursuant to Texas Penal Code Section 21.19, a person commits an offense if the person knowingly transmits, by electronic means, a visual material that shows:

• Any person engaging in sexual conduct or with the person's intimate parts exposed

• The covered genitals of a male person that are in a discernibly turgid state

This is considered a Class C misdemeanor, punishable by a fine of up to $500.

GET HELP FROM AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IN BRYAN, TEXAS

Allegations of sexual assault, rape, and other forms of sex crimes can have devastating, long-lasting consequences. Therefore, when defending a sexual misconduct charge, it is imperative that you have the right defense strategy that fits your unique situation.

At Rick Davis & Associates, we have devoted our careers to protecting the rights of individuals who have been accused of rape or those facing sexual assault charges. As an experienced Texas criminal defense attorney, I can review the details of your case, carry out a thorough, private investigation, and determine an effective defense strategy in order to pursue the best possible outcome in your case. Using my extensive experience, I will help you navigate the criminal justice system, fight vigorously on your side to defend your rights, and do all that I can to ensure that these accusations do not ruin your life. Don’t face the criminal justice system on your own. If you’re facing sex crime charges, reach out to my firm today and put my experience on your side.