Rape Defense Attorneys in San Antonio, TX

Rape Charges & Penalties in Texas

Under Texas law, sexual assault is defined as intentionally or knowingly penetrating another person’s sexual organ without consent. This includes situations where the victim cannot consent due to physical or mental incapacity or unawareness of what is happening.

The age of consent in Texas is 17. Engaging in sexual activity with anyone younger can result in statutory rape charges regardless of whether the minor appeared to consent.

These cases are prosecuted in local courts including the Bexar County Courthouse and the 144th District Court. The procedures involved are complex and the stakes are severe, which is why having a knowledgeable rape defense attorney in San Antonio matters from the moment charges are filed.

Charge Tiers Under Texas Law

There are three charges a person may face for allegedly raping another person in Texas:

• Sexual assault. Under Texas Penal Code Section 22.011, this is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. It applies when a person intentionally or knowingly causes penetration of the anus or sexual organ of another person without consent.
• Aggravated sexual assault. Under Texas Penal Code Section 22.021, this is a first-degree felony carrying 5 to 99 years in prison and a fine of up to $10,000. It involves the same conduct as sexual assault but includes aggravating factors such as the use of a deadly weapon or causing serious bodily injury.
• Indecency with a child. Under Texas Penal Code Section 21.11, this offense applies when a person engages in sexual contact with a child under 17 or exposes their genitals with intent to arouse or gratify sexual desire. Sexual contact with a child is a second-degree felony. The exposure form is a third-degree felony.

Key Distinctions Between Charges

Key distinctions between these charges include:

• The degree of force or threat involved. Aggravated sexual assault typically includes the use or display of a weapon. Sexual assault may not.
• The age of the alleged victim. Charges involving minors can lead to indecency with a child allegations and are prosecuted with particular rigor in San Antonio courts.
• Potential penalties. All three offenses are felonies, but aggravated sexual assault exposes a defendant to significantly longer prison terms.

Every one of these charge tiers requires mandatory sex offender registration upon conviction. That registration restricts where a person can live, work, and travel, making the stakes of a conviction far broader than the prison term alone.

Defense Strategies in Texas Rape Cases

A strong defense begins with a thorough, independent investigation. We review the circumstances of each accusation, examine how evidence was collected, and identify constitutional violations or procedural errors that may limit what the prosecution can use at trial. No two cases are identical, and the strategy we develop reflects the specific facts, timeline, and parties involved in your situation.

Common defense approaches in Texas rape cases include:

• Challenging witness credibility. Inconsistencies in the accuser’s account or the accounts of other witnesses can be central to the defense.
• Disputing forensic and DNA evidence. We examine how biological and physical evidence was collected, stored, and analyzed, and we bring in expert witnesses when the science is in question.
• Asserting consent as an affirmative defense. Where the facts support it, consent can be a recognized defense to a sexual assault charge under Texas law.
• Arguing mistaken identity. When the identification of the accused isn’t supported by reliable evidence, we challenge that identification directly.
• Filing pretrial motions to suppress evidence. If law enforcement obtained evidence through an improper search, a coerced statement, or another constitutional violation, we move to have that evidence excluded before trial.
• Evaluating statutory affirmative defenses. In cases involving parties close in age, Texas provides an affirmative defense when the individuals are within three years of age of each other and the conduct was consensual, sometimes called the Romeo and Juliet provision.

Digital communications, phone records, and social media activity frequently surface as evidence in these cases, and we advise clients to preserve that material early. Juan Carlos Hernández’s background in law enforcement gives our firm a practical understanding of how investigators gather and document evidence. Christine Dauphin Hernández’s experience as a former prosecutor means we anticipate the state’s arguments before they are made. That combination shapes how we build and present a defense from the first day we take a case.