A sexual assault accusation can immediately create serious legal and personal consequences. An investigation may involve police interviews, forensic examinations, text messages, medical records, witness statements, and extensive examination of the relationship between the people involved.
However, an accusation does not establish guilt.
A Sexual Assault Defense Attorney can examine whether prosecutors can prove every element of the alleged offense, including issues involving consent, identity, and the circumstances surrounding the encounter. Milner Wynne represents clients facing serious felony charges in Dallas and throughout North Texas.
What Is Sexual Assault Under Texas Law?
Texas Penal Code §22.011 establishes the offense of sexual assault.
The statute covers several forms of sexual conduct occurring without another person’s consent. It also addresses specified sexual conduct involving a child.
The exact elements depend on the conduct alleged.
In an adult sexual assault case, prosecutors may need to establish that prohibited sexual contact occurred and that it took place under circumstances Texas law defines as without consent.
Because the statute contains multiple definitions and circumstances, the defense should begin by determining precisely which provision prosecutors claim was violated.
How Does Texas Law Address Consent?
Consent can become a central issue in many sexual assault cases involving adults.
Texas law identifies numerous circumstances in which sexual activity is legally considered without consent. These include certain situations involving force, threats, unconsciousness, inability to resist, impaired ability to consent, abuse of particular professional or institutional relationships, and other circumstances specified by statute.
The defense should examine the evidence surrounding the encounter rather than treating the allegation itself as proof that consent was absent.
Potential evidence may include communications between the parties before and after the encounter, witness observations, surveillance footage, location records, and statements made during the investigation.
What Are the Penalties for Sexual Assault in Texas?
Sexual assault under §22.011 is generally a second-degree felony.
A second-degree felony generally carries:
- Two to 20 years in prison
- A possible fine of up to $10,000
However, Texas law contains circumstances that can alter the offense classification. The exact provision charged must therefore be reviewed before determining potential punishment.
A conviction can also create consequences beyond incarceration, including sex-offender registration requirements when applicable, restrictions affecting employment and housing, and lasting damage to a person’s reputation.
These consequences make early defense particularly important.
Sexual Assault vs. Aggravated Sexual Assault
Texas separately criminalizes aggravated sexual assault under Penal Code §22.021.
Aggravated sexual assault involves sexual assault combined with specified aggravating circumstances.
Depending on the allegations, those circumstances can involve serious bodily injury, threats involving death or serious harm, certain deadly weapon allegations, administration of an impairing substance, participation with another person, or characteristics of the alleged victim specified by law.
Aggravated sexual assault is a first-degree felony. Certain cases involving young children also carry enhanced minimum imprisonment requirements.
A sexual assault defense should therefore carefully examine any allegation prosecutors use to seek an aggravated charge.
When the People Know Each Other
Sexual assault allegations frequently involve people who knew one another before the alleged incident.
They may have been:
- Dating
- Married
- Former partners
- Friends
- Coworkers
- Acquaintances
- Communicating through dating applications
A prior relationship does not establish consent to a particular sexual encounter.
At the same time, the history between the parties can provide important context.
Messages, photographs, phone records, previous communications, witness observations, and conduct before and after the alleged incident may become relevant when evaluating competing accounts.
Text Messages and Social Media Evidence
Digital evidence can play a major role in sexual assault investigations.
Investigators may examine communications before and after the alleged incident.
Potential evidence can include:
- Text messages
- Dating-app conversations
- Social media messages
- Photographs
- Call records
- Location data
- Rideshare records
- Search history
- Surveillance video
These records may help establish a timeline or provide context concerning the relationship.
Complete conversations matter. Individual messages can create a misleading impression when separated from what was said immediately before or afterward.
A Sexual Assault Defense Attorney can work to identify and preserve digital evidence before accounts, messages, or other records become unavailable.
Sexual Assault Forensic Examinations
A sexual assault investigation may include a forensic medical examination.
Evidence collected during an examination can potentially include biological samples, photographs, injury documentation, and other physical evidence.
DNA evidence can be important, but its significance depends on the disputed issue.
For example, DNA potentially establishing sexual contact does not necessarily resolve a case in which the central dispute concerns consent rather than identity.
The defense can examine what the forensic evidence actually demonstrates and whether conclusions drawn from it go beyond what the evidence can reliably establish.
Delayed Reports of Sexual Assault
Not every sexual assault allegation is immediately reported to law enforcement.
Some investigations begin days, months, or even years after the alleged incident.
A delayed report does not automatically establish that an allegation is true or false.
However, the passage of time can create significant evidentiary issues.
Surveillance footage may have been deleted. Messages may no longer exist. Witness memories can change. Physical evidence may be unavailable.
Defense counsel can investigate what evidence remains and whether records, photographs, communications, or witnesses can independently establish the circumstances surrounding the allegation.
Conflicting Accounts and Witness Credibility
Some sexual assault prosecutions involve sharply different descriptions of the same encounter.
One person may describe consensual activity while another alleges sexual assault.
The defense may examine whether statements have remained consistent and whether independent evidence supports or contradicts either account.
Relevant questions can include:
- What did each person say immediately afterward?
- Are there inconsistencies between statements?
- What do messages show?
- Did anyone observe the parties before or after the encounter?
- Does physical evidence support the alleged timeline?
- Are there surveillance or location records?
- What information did investigators obtain before conducting interviews?
Credibility should be evaluated alongside all available evidence.
Talking to Police During a Sexual Assault Investigation
Detectives may contact a person before an arrest or formal charge occurs.
They might describe the interview as an opportunity to explain what happened.
However, investigators may already possess statements, messages, medical information, or other evidence they do not disclose during the conversation.
A voluntary statement can later become an important part of the prosecution’s case.
Even someone who firmly believes the encounter was consensual should consider speaking with a Sexual Assault Defense Attorney before participating in a police interview.
Legal representation can begin during the investigation rather than waiting for an arrest.
Building a Defense to Sexual Assault Charges
Sexual assault cases require a careful examination of the specific allegation.
Potential defense issues can involve:
- Consent
- Identity
- Whether the alleged conduct occurred
- Witness credibility
- Inconsistent statements
- Digital communications
- DNA and forensic evidence
- Medical evidence
- Timeline disputes
- Location information
- Police interviews
- Constitutional violations
No single defense applies to every case.
When consent is disputed, the strategy may focus heavily on communications and surrounding circumstances. When identity is disputed, DNA, location information, video, and eyewitness evidence may become more important.
The defense should follow the evidence rather than begin with assumptions about what occurred.
Frequently Asked Questions About Sexual Assault Defense
Is sexual assault a felony in Texas?
Yes. Sexual assault under Texas Penal Code §22.011 is generally a second-degree felony, although the statute contains circumstances that can change the classification.
How much prison time can sexual assault carry?
A second-degree felony generally carries two to 20 years in prison and a possible fine of up to $10,000. Different classifications or enhancements can change the potential punishment.
What is the difference between sexual assault and aggravated sexual assault?
Aggravated sexual assault requires additional circumstances specified under §22.021. These can include certain serious injury, threat, weapon, age, disability, or other aggravating allegations.
Can someone be charged when there is no DNA evidence?
Yes. DNA is not required in every sexual assault prosecution. Prosecutors may rely on testimony, communications, medical evidence, witnesses, video, or other evidence.
Does DNA prove sexual assault occurred?
Not necessarily. DNA may potentially establish contact or identity, but it does not automatically establish whether an encounter was consensual when consent is the disputed issue.
Can text messages be used in a sexual assault case?
Yes. Messages can provide important evidence about the relationship, timeline, consent allegations, and conduct before or after an encounter.
Can sexual assault charges arise between spouses or dating partners?
Yes. A marriage, dating relationship, or previous consensual relationship does not automatically establish consent to a particular encounter.
Should I hire an attorney before being charged?
Yes. A defense attorney can represent someone during an active sexual assault investigation before an arrest, indictment, or formal criminal charge.
Speak With a Sexual Assault Defense Attorney
Sexual assault cases can depend heavily on consent, credibility, forensic evidence, digital communications, and the precise timeline surrounding an alleged encounter. An early investigation can also help preserve messages, video, location records, and other evidence that might otherwise disappear.
Milner Wynne focuses exclusively on criminal defense and represents clients facing serious felony allegations in Dallas and throughout North Texas. If you have been arrested, charged, or learned that authorities are investigating a sexual assault allegation, a Sexual Assault Defense Attorney can examine the evidence, protect your rights, and develop a defense based on the circumstances of the case.