Rape Defense Attorneys in San Antonio, TX

Rape Charges & Penalties in Texas

In Texas, sexual assault or rape is categorized as an offense committed by a person who intentionally or knowingly penetrates another person's sexual organ without the latter's consent. This includes cases where the victim is unable to give consent due to physical or mental incapacity or unawareness of the nature of the act.

The age of consent in Texas is 17 years old. This means that engaging in sexual activities with a person below this age could potentially lead to statutory rape charges, regardless of whether the minor gave consent or not.

Texas law is enforced in local courts such as the Bexar County Courthouse and the 144th District Court, where serious felony cases like these are prosecuted. Navigating the processes within these courts can be daunting, which is why many individuals seek guidance from a rape defense attorney San Antonio residents trust. Facing such accusations not only brings emotional stress but also complicated legal procedures that require experienced support to manage effectively.

There are three possible charges that someone could face for allegedly raping another person in Texas:

• Sexual assault. This charge applies when a person intentionally or knowingly causes penetration of the anus or sexual organ of another person by any means without that person's consent. This offense is considered a felony of the second degree.
• Aggravated sexual assault. Aggravated sexual assault is a more serious charge. It typically involves the same actions as sexual assault but includes factors such as the use of a deadly weapon or causing serious bodily injury. This offense is a felony of the first degree.
• Indecency with a child. This offense is applicable when a person engages in sexual contact with a child younger than 17 years old or exposes or attempts to expose the child to any sexual content. This is considered a third- or second-degree felony, depending on specific aspects of the crime.

Key distinctions between these charges to be aware of include:

• The degree of force or threat involved. Aggravated sexual assault often includes use or display of weapons, whereas sexual assault may not.
• The age of the alleged victim. Charges involving minors may lead to indecency with a child allegations and are prosecuted with particular rigor in San Antonio courts.
• Potential penalties. All of these offenses are felonies, but aggravated sexual assault exposes a defendant to longer prison terms and higher fines if convicted.

If you are facing prosecution, you may be unsure of what defenses are available or whether your circumstances have been fully investigated. A rape defense lawyer San Antonio defendants choose should be prepared to challenge methods of evidence collection, witness credibility, and the sufficiency of the prosecution's proof. In particular, these cases demand careful scrutiny of forensic examinations and statements, especially when handled in local law enforcement facilities and crime labs serving the San Antonio area. Having this knowledge can be vital for your defense.