While all sex crimes carry a stigma, Texas, like many other states, has particularly reevaluated rape as an assaultive or violent offense, rather than just a sexual one. The statute regarding sexual assault in the Texas Penal code (§ 22.011.) dictates that both forcible rape and statutory rape can result in first-degree felonies, which may mean life in prison for some individuals. Furthermore, these crimes require a person to register as a sex offender, even if they are offered probation. A person must do everything in his/her power to avoid having to register as a sex offender.
A person commits the offense of Sexual Assault 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 penetrate the mouth, anus, or sexual organ of another person, including the actor.
Typically, police do not catch people in the act of committing sexual assault, which often makes these offenses a “he said, she said” case. Because of this, investigators will want to collect evidence that corroborates the victim’s story before seeking charges. Typically this is done by having a rape kit done, interviewing the victim, collecting any cell phone evidence such as text messages, and then the Sex Crime Investigator will typically contact the defendant and attempt to get their side of the story. It is important to not talk to the Investigator without first contacting an attorney. Many times the investigator has already made up his mind by the time he calls to interview the accused.
Sometimes the best choice is to not speak with an investigator and try and beat the case in grand jury or contact the prosecutor and ask that they not accept charges. In order to do this, an aggressive investigation is necessary. Paul Doyle understands law enforcement’s techniques and the gaps created in their investigations. Paul has had much success by gathering this information, presenting the accused’s case to the grand jury and getting the grand jury to no bill the case. A no bill means that the case cannot proceed and the accused is free.
If you are accused of sexual assault, you must hire knowledgeable and experienced legal counsel to defend yourself against such a serious charge. With the harsh consequences of a sexual assault offense, you need a lawyer who can provide for a fair representation in front of a judge and jury in court. Hiring a lawyer who will investigate your case and successfully challenge any allegations made against you is crucial.
Recent Case Results
- State of Texas vs. ______, Sexual Assault (date rape) Investigation, 6/17, no charges filed
- State of Texas vs. ______, Sexual Assault Investigation, 9/16, Case dropped after interview with defendant and attorney.
- State of Texas vs. _________, investigation began 10/2015, evidence from accused’s phone showed that the alleged victim was texting and sending photos after the time of the allegation. No charges accepted.
- State of Texas vs. _________, investigation began 9/2015, outcry of assault occurred after a breakup. There was a delayed outcry. The firm’s investigation discovered the alleged victim had made a similar allegation before against a prior partner after a breakup. No charges accepted.