Sexual assault of a child, also known as rape of a minor, is a serious offense that carries the harshest of penalties. It is a common misconception that an individual can only be charged with rape if the alleged victim verbally declined or physically resisted to participate in sexual activity.
However, there are a variety of situations in which sexual activity can be considered nonconsensual, even if the alleged victim did not resist. If you have been accused of rape, consulting with a Travis County sex crimes attorney, who is well-versed in the laws regarding sexual assault, could greatly impact the outcome of your case.
Travis County Sexual Assault Defense Attorney
If you have been arrested and charged with sexual assault, it is essential to your future that you contact an experienced Austin sexual assault attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.
Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome. Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your sexual assault charges in Travis County.
Information Center
- What is Sexual Assault in Texas?
- Penalties for Sexual Assault of a Child
- Common Defenses for Sexual Assault Cases
- Additional Resources
- Hire a Sexual Assault of a Child Attorney in Travis County
Understanding Sexual Assault
Sexual assault, not to be confused with sexual abuse, is a violent crime in Texas. It is punishable at its maximum with a first-degree felony charge and is defined by Texas Penal Code Section 22.011. Sexual Assault requires the accused to engage in unwanted sexual contact that includes penetration without consent and is generally a second-degree felony.
In Texas, it is possible to marry a person as young as 14 years of age with their parent’s permission. However, if that person was prohibited from marrying the accused and the couple still had sex, consensually or not, then that person would be charged with a first-degree felony. Similarly, sex with a person under the age of consent who is immediately bound by blood is a first-degree felony.
Assault of a Child
Some factors may result in an “aggravating charge,” including the victim’s age, presence of a weapon and infliction of serious bodily injury.
While sexual assault is typically charged in the second degree, if the victim is below the age of consent (17), then the crime becomes aggravated and may be pursued as a first-degree felony. In addition, younger ages can carry even harsher sentences.
Sexual assault of a child under the age of 14 that includes aggravating factors or any sexual assault of a child under the age of 6 will result in a minimum sentence of 25 years.
Aggravating Factors
The following are a list of circumstances which, when conducted in the course of a sexual assault, raise the quality of the crime to be aggravated.
- Causing serious bodily injury
- Attempts to cause the death of the victim or another person in the course of the same criminal episode
- By acts or words places the victim in fear that another person will become a victim of the perpetrator, directly or indirectly
- Uses or shows a deadly weapon like a gun or knife
- Acts with at least one other person who also engages in sexual assault or aggravating conduct to commit the crime
- Impairs the victim through the use of alcohol, drugs or some other substance
- The victim is an elderly or disabled person
- The victim is 14 years or younger
Penalties for Sexual Assault of a Child
As stated previously, sexual assault is one of the most serious crimes in Texas. Assault of a child begins as a first-degree felony.
First-degree felonies are punishable by:
- Imprisonment of 5 to 99 years.
- Fine of up to $10,000
However, if the sexual assault is directed towards a child of 6 or towards a child of 14 and includes aggravating factors then the crime is punishable by:
- Imprisonment of 25 to 99 years
- Fine of up to $10,000
Strictly speaking, there is no clause in Texas law to raise the crime to a capital felony. However, circumstances such as the amount of damage done to the victim, whether a death was involved and other factors may result in a prosecuting attorney seeking a capital felony. Capital felonies may be punishable by either life in prison or death.
Collateral Consequences
In addition to the above penalty schedule, anyone convicted of rape will be required to register for the sex offender registry and appear regularly for monitoring purposes. The results of a felony conviction and sex offender registration are catastrophic. These consequences will include:
- Loss of employment: Most employers will not accept applications from someone with a felony conviction. Additionally, sex offenders face even more stringent background screening
- Loss of housing: Similarly, apartment and home renters are unlikely to want to rent to felons and/or sex offenders. Where a person can live is also impacted by placement on the sex offender registry.
- Loss of right to vote:In Texas, felons are not allowed to vote until their imprisonment, parole and probation have all completed.
- Loss of right to carry a firearm: Felons are not allowed to have firearms in Texas.
Defenses for Sexual Assault
General defense strategies for the sexual assault of a child tend to be the same as for a general sexual assault case. However, some strategies, such as seeking to prove consent, are not possible given the age of the victim.
This may include some of the following:
- Disproving the event: One strategy may be to prove that you could not have done the action described. This includes establishing an alibi, disputing the transfer and collection of DNA evidence or pointing out the lack thereof.
- Statute of Limitations: In some cases, the statute of limitations may have expired prior to the filing of a case. Your attorney may use this fact to get the case dismissed.
- Proving consent: If two people, 18 and 15 years of age, consensually engage in sex, then that action, while illegal, is not considered sexual assault. Your lawyer may seek to prove that both parties engaged in the action with full consent, inasmuch as a person under the age of consent can do so.
Additional Resources
RAINN | Sexual Assault Hotline – Visit the official website for RAINN, which is the Rape, Abuse, and Incest National Network. They are currently the largest anti-sexual violence organization in the country and offer a hotline to those who have suffered from sexual violence. Access the site to read more about the hotline, the RAINN app, resources for victims, and more.
Texas Statute for Sexual Assault – Visit the official website for the Texas Penal Code to learn more about their various sexual offenses including sexual assault. Access the site to learn important definitions for legal terms, penalty enhancements for sexual assault, and other related sexually motivated offenses such as indecent exposure.
Sexual Assault of a Child Defense Attorneys in Austin, Texas
Kevin Bennett is a qualified sexual assault defense attorney who has years of experience representing clients who have been charged with sexually related crimes in and around Austin, Lago Vista, Rollingwood, Sunset Valley, West Lake Hills, Travis County, Lakeway, and Pflugerville.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation about the sex charges against you. Your initial consultation is free, and it is the first step in fighting to protect your reputation and freedom.
