Sexual assault is a horrifying experience for any person to go through. Yet, the crime happens more often than people would like to believe. The basic definition of sexual assault clearly states that one person has forced themselves upon another person in a sexual manner. Rape is an aspect of sexual assault, but this crime is not limited to just this type of action. Houston sex crimes lawyer Jack B. Carroll as defended numerous men who were charged with sexual assault after a woman who had consensual rough sex felt shunned after the guy didn’t show any further interest in her.
Sex Crime Resources
When people do not give consent for sex and another person forces themselves on that individual it is considered sexual assault. This criminal activity also happens when a grown-up and minor (under 17 within the state of Texas) decides to have consensual sex. Texas law clearly states that minor children under 17 cannot legally engage in a sex act with an adult, even if they want to take this action.
If a person decides to use a weapon, a narcotic or assaults a child under 14 or a handicapped individual, then the charge is elevated to aggravated sexual assault. This is a serious crime that carries stiffer penalties.
In the state of Texas, 35 per 1000 women will be sexually assaulted within a given year. Many of these women will be the girlfriend or wife of the offender. Daughters and step-daughters in families will also be victimized at a higher rate. Sisters and female family members and friends will experience sexual assault in greater numbers. Most of the victims of this crime will be females.
What are the criminal penalties for sexual assault?
The penalties for this crime differ according to the nature of the offense. Aggravated sexual crimes are first degree felonies. A person will normally receive 25 years for this crime. This is especially true if they assault a minor up to 13 years old. In some cases, people can be given up to 99 years in prison for this offense. Each judge will have to determine the sentence for each case based on the nature of the crime.
Sexual assault charges carry a penalty of 2 to 20 years in jail since they are considered a second-degree felony. People will also have to register as sex offenders once their time has been served. Also, they will be expected to pay fines up to $10,000.
A Closer Look at Sexual Assault in Texas
The state of Texas is the nation’s central hub for human trafficking. Since Texas hold this unique position, sexual assault can be a big problem for the area. The reason being is that human trafficking leads to prostitution, which then leads to people being assaulted. This is especially true for minors who are forced into this lifestyle.
The rate of sexual assault is high in Texas because of these circumstances. The city of Houston experiences a lot of sexual assault (aggravated or otherwise) because it is a training area for prostitutes who are connected to human trafficking rings.
Once again, females in families and society are generally targeted for sexual assault. Wives, girlfriends, daughters, sisters and female relatives are preyed upon for various reasons by offenders. Often times, many women are abused as children into adulthood without anyone knowing what is going on.
There is no statue of limitations for sexual assaults (of any kind) carried out against a child. The same holds true for adults with some exceptions. A person who claims to have been sexually assaulted as an adult must prove that this situation took place within the last 10 years if they want a conviction. Remember evidence and motives are key to proving a case. Without these critical elements, a person would merely be making unfound accusations.
Legal Defense for Sexual Assault Charges
People that have been charged with sexual assault should hire an attorney. Often times, people are wrongly accused of this type of crime and some have even been put in jail behind it. The best thing that a person can do if charged with this infraction is to get an attorney.
Sexual assault is a serious charge. No person should try to defend themselves without legal representation. The nature of this crime is very serious, and the consequences can be very severe if a judge decides to administer the full penalty.
A good attorney will make sure that a defendant’s case is shown in the best light possible. Even if they are guilty, a good attorney can help to get a person’s sentence reduced by complying with the court. Lawyers that specialize in this field of criminal law will know exactly what to do to help a person to get through this situation.