Sexual Assault

Sexual assault is commonly referred to as rape and is one of the most serious sex crimes a person can be accused of. Sexual assault is a felony offense that can lead to lengthy prison sentences, huge fines, and a permanent place on the Texas Sex Offender Registry.

Additional consequences of convictions include the effects of criminal records. No sexual assault conviction can ever be easily explained, and the result is often negative effects on applications for employment, housing, or professional licensing.

Sexual Assault Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX

Were you or your loved one arrested or do you think that you could be under investigation for an alleged sexual assault in the Plano area? You should not say anything to authorities until you have legal representation.

The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Our firm will help you understand all of your legal options as soon as you call (469) 304-3422 or contact us online to take advantage of a free consultation.

Sexual Assault Charges in Collin County

Texas Penal Code § 22.011(a)(1) establishes that a person commits sexual assault if they intentionally or knowingly:

• Cause the penetration of the anus or sexual organ of an alleged victim by any means, without the alleged victim’s consent;
• Cause the penetration of the mouth of an alleged victim by the sexual organ of the alleged offender, without the alleged victim’s consent; or
• Cause the sexual organ of an alleged victim, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender.

Under Texas Penal Code § 22.011(b), a sexual assault is considered without the consent of the other person if:

• The alleged offender compels the alleged victim to submit or participate by the use of physical force or violence;
• The alleged offender compels the alleged victim to submit or participate by threatening to use force or violence against the alleged victim, and the alleged victim believes that the alleged offender has the present ability to execute the threat;
• The alleged victim has not consented and the alleged offender knows the alleged victim is unconscious or physically unable to resist;
• The alleged offender knows that as a result of mental disease or defect the alleged victim is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
• The alleged victim has not consented and the alleged offender knows the alleged victim is unaware that the sexual assault is occurring;
• The alleged offender has intentionally impaired the alleged victim’s power to appraise or control the alleged victim’s conduct by administering any substance without the alleged victim’s knowledge;
• The alleged offender compels the alleged victim to submit or participate by threatening to use force or violence against any person, and the alleged victim believes that the alleged offender has the ability to execute the threat;
• The alleged offender is a public servant who coerces the alleged victim to submit or participate;
• The alleged offender is a mental health services provider or a health care services provider who causes the alleged victim, who is a patient or former patient of the alleged offender, to submit or participate by exploiting the alleged victim’s emotional dependency on the alleged offender;
• The alleged offender is a clergyman who causes the alleged victim to submit or participate by exploiting the alleged victim’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
• The alleged offender is an employee of a facility where the alleged victim is a resident unless the employee and resident are formally or informally married to each other.

Texas Penal Code § 22.011(a)(2) also establishes that an alleged offender also commits sexual assault if they intentionally or knowingly:

• Cause the penetration of the anus or sexual organ of a child by any means;
• Cause the penetration of the mouth of a child by the sexual organ of the alleged offender;
• Cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;
• Cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender;  or
• Cause the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender.

Sexual Assault Penalties in Texas

Sexual assault is generally a second-degree felony. A conviction is punishable by a fine of up to $10,000 and/or up-to 20 years in prison.

Sexual assault becomes a first-degree felony if the alleged victim was a person whom the alleged offender was prohibited from living under the appearance of being married under the state’s bigamy law or whom the alleged offender was prohibited from marrying or purporting to marry. A conviction is punishable by a fine of up to $10,000 and/or up-to 99 years or life in prison.

Sexual Assault Defenses in Texas

Under Texas Penal Code § 22.011(e), it is an affirmative defense to sexual assault charges that the alleged offender was the spouse of the alleged victim at the time of the offense. It is also an affirmative defense that the alleged offender was not more than three years older than the alleged victim and at the time of the offense, was not required to register for life as a sex offender or was not a person who had are portable conviction or adjudication for an offense under this section, and the alleged victim was a child of 14 years of age or older and was not a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under the Texas bigamy statute.

Some alleged offenders are completely innocent of the charges they face, and prosecutors may lack the evidence needed to prove their guilt in such cases. Sexual assault charges can stem from sexual encounters that alleged offenders believed were completely consensual.

Collin County Sexual Assault Resources

Victim Assistance | Collin County Criminal District Attorney’s Office — The Collin County Criminal District Attorney’s Victim Assistance Division provides services to victims of sexual assault. It also provides courtroom accompaniment as needed during court proceedings. Also, find information on the TEXAS VINE program.

Collin County Criminal District Attorney’s Office

2100 Bloomdale Road, Suite 100
McKinney, TX  75071
(972) 548-4323

The Turning Point Rape Crisis Center — The Rape Crisis Center of Collin County was established in 1982, in conjunction with the North Texas Medical Center and the McKinney Police Department, to ensure that survivors of sexual assault had a professional support system to help them in their recovery. Its mission “is to provide counseling, education, and advocacy for those impacted by sexual violence.” Learn more about programs, education, and counseling. 

The Turning Point Rape Crisis Center

3325 Silverstone Dr.
Plano, TX 75023
(972) 985-0951

Find a Collin County Sexual Assault Defense Attorney | Law Offices of Richard C. McConathy

If you believe you or your loved one might be under investigation or you have already been arrested for an alleged sexual assault in Plano or a surrounding area of Collin County, you cannot delay in seeking legal counsel. Make sure you contact the Law Offices of Richard C. McConathy as soon as possible.

Our firm will provide an aggressive defense. Call (469) 304-3422 or contact us online to set up a free consultation.