Rape & Sexual Assault

Sexual Assault Lawyers in Pearland, TX

Sexual assault is becoming more and more common in today’s societal setup. There isn’t a day that goes by wherein you don’t hear it on the news or see online that an individual has been raped or sexually assaulted. In the state of Texas, sexual assault qualifies as a severe crime. If this sounds like your case, it is best to get in touch with sexual assault lawyers from Pearland, TX.

Rape and sexual assault in Texas are often overlapping concepts, but the differences are also present. Rape is defined as the presence of forced penetration while sexual assault is more on behaviors and contact such as touching and groping. Either way, both are serious crimes with even more serious consequences which is why enlisting the help of a criminal defense lawyer in Pearland, TX is essential if you have been accused of this crime. 

Trusted Texas Rape & Sexual Assault Lawyers

The nature of the sexual assault is complex since there often aren’t any witnesses. With the delay in outcry, physical evidence is almost always destroyed or lost. Some cases involve allegations made against a close friend or family that can sometimes be false and are brought up along with divorce and custody battles. This is why you need reliable sexual assault lawyers from a reputable law office to help in your Texas sexual assault case. 

Get in touch with a Pearland, TX sexual assault lawyer from Scott M. Brown & Associates. Part of building a successful defense is the extensive experience a criminal defense lawyer has in the field, from the evaluation and investigation process of the sex crime right down to representing and fighting for you in court. A Texas sexual assault lawyer can do it all. Schedule an appointment with Scott M. Brown & Associates’ criminal defense attorney right now. 

Why Do I Need a Sexual Assault Lawyer in Pearland, TX?

sexual assault lawyersSexual assault is a serious and often complicated crime, which is why it isn’t advisable that you go through it alone. Everything it involves from the investigation to being on the defense stand is heavily daunting, which is why enlisting the help of an extensively experienced sexual assault lawyer who can fight for your case and ensure the best outcome for you. 

Competitive Edge in Your Case

A Texas sexual assault lawyer from Scott M. Brown & Associates who is well-versed in criminal law can give you a competitive edge when it comes to your sexual assault case. The criminal law attorney partakes in a detail-oriented collection and analysis of facts involving the incident in order to formulate a strong defense for you, scrutinizing every aspect to make sure you come out on top. The attorney also specializes in family law and personal injury.

Personalized Approach

Enlist the legal assistance of a Pearland, TX sexual assault attorney from Scott M. Brown & Associates. The criminal law attorney takes a personalized approach to your case, taking into account your personal circumstances. The meticulous approach to building your defense guarantees the best possible outcome for your case. Schedule an appointment with a Pearland, TX sexual assault lawyer right now. 

What is Rape & Sexual Assault?

The definition of sexual assault varies from state to state and it is often overlapping with rape. The main difference is that sexual assault is when an offender unwantedly touches the victim in a sexual way. Sexual assault covers groping, battery, and attempted rape without the act of intercourse. Sexual assault carries heavy charges and is prohibited all across the country, however, the definitions are nuanced depending on what state you’re in. 

Statutory Rape

Rape is often referred to as sexual assault or non-consensual acts done through physical force or threats. Through the years, states have redefined the statutory rape definition making it applicable to any person regardless of marital status, gender, and force. The main key element is the lack of consent on the victim’s end which is influenced by many things such as inebriation, mental disability, and more. 

Read below to better understand the concept of rape and sexual assault. If you are involved in sexual assault allegations in Pearland, TX, get in touch with a sexual assault lawyer. 

How Do I Prove Sexual Assault Charges?

Sexual assault is defined as involuntary or nonconsensual sexual contact through the perpetrator’s force or coercion. The perpetrator in question takes advantage of the victim’s incapacitation. The law considers the victim incapacitated if they did not have the mental capacity to comprehend the nature of the sexual acts. They are also considered so if they were incapable of stating their unwillingness to partake in the sexual act.

Laws that cover this subject include nonconsensual acts that take place between any sex and any age. Sexual assault is an umbrella term that also covers sexual abuse and rape and some states make distinctions between crimes on the basis of penetration, coercion, aggravated assault, and more.

What are the Elements in Sexual Assault Cases?

In Texas law, a child is defined as a person below the age of 17 and sexual assault is considered if the act was done without the victim’s consent or if there was a present threat to their safety. If the victim was also unable to resist nature, there is a lack of consent. 

Consent is also absent when the defendant is placed in a position of advantage or power over the victim, usually occupations such as coaches, clergymen, law enforcement, etc. 

If any of the following occur, the charge can be elevated to aggravated sexual assault:

  • Serious bodily injury caused by the defendant to the victim
  • Placing the victim in fear of death
  • Violence through the presence of a deadly weapon.
  • Acted with an accomplice during the crime
  • Presence of substances such as date rape drugs namely Rohypnol or Ketamine
  • Victim is below 14
  • Victim is elderly or disabled

What are the Defenses Used in Sexual Assault Cases?

If you are dealing with sexual assault charges, a criminal offense, or violent crimes in the state of Texas, it is best to get in touch with a seasoned sexual assault lawyer. A sexual assault lawyer in Pearland, TX is skilled in crafting smart defenses when fighting for your case. The typical defenses used in sexual assault charge include: 

  • Conduct consisted of medical care for a child and did not have contact or penetration of the child’s mouth or sexual organs
  • Defendant was the child’s spouse and the defendant was no more than 3 years older than the child; the child was 14 or older and was not barred from marrying the defendant
  • Victim’s consent
  • Lack of intent or knowledge
  • Insanity plea 

What are the Penalties for Rape and Sexual Assault?

If you are faced with sexual assault charges in Pearland, TX, you have to remember that it is a serious crime that could land you 2-20 years in state prison and a fine of up to $10,000 according to Texas law. Talk to your criminal defense attorney if you are dealing with these criminal charges. 

Sexual Assault: Second-Degree Felony

Sexual assault cases are considered second-degree felonies that carry a 2-20 year state prison sentence and/or a $10,000 fine or more. The crime can be considered a first-degree felony if the victim was prohibited from marrying the defendant or prohibited from living under the guise of being married to the victim. First-degree felonies are subject to 5-99 years in prison and a $10,000 fine in Texas.

First-Degree Felony: Aggravated Sexual Assault 

In cases of aggravated sexual assault, it is considered a first-degree felony with a minimum of 25 years in prison should the victim be below 6 years. If the victim is younger than 14 and the act was carried out with a deadly weapon resulting in the harm of the child, this can also be considered a first-degree felony. 

Call our Sexual Assault Lawyers in Texas Now!

Sexual assault and rape are serious crimes in whatever state you’re in getting entangled in a case like this can mean serious jail time for you. Given that there have been reports of false rape and sexual assault allegations around, having a seasoned attorney and a strong defense could make or break you. Having the legal specialization of a sexual assault lawyer from Texas can help navigate the case easier. 

Enlist the help of a sexual assault lawyer from Scott M. Brown & Associates. A seasoned sexual assault lawyer can provide legal advice, review your case, gather all evidence, and use this data to build a defense for you. Aggressive representation is what the law firm offers in order to ensure the client comes out on top. Apart from that, the criminal defense attorney aims to establish a strong attorney-client relationship that is sure to strengthen your fight. Schedule an appointment with a Pearland criminal defense attorney now.

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