Sexual Assault And Rape Defense

Fighting for Wrongly Accused Individuals in Fort Bend County

According to a recently released report by the Texas Department of Public Safety, a total of 18,088 officially reported incidents of sexual assault took place over a 12-month time frame. National statistics estimate that every two minutes, someone will become a victim of a sexual assault.

A sexual assault or a rape conviction carries potentially devastating penalties ranging from long prison sentences to costly fines. The stigma of a sexual assault or a rape conviction includes wearing the proverbial badge of dishonor as a registered sex offender. Registered sex offenders have nearly impossible odds of finding gainful employment. In addition, registered sex offenders are shunned by neighbors, as well as by friends and family members.

If you face the highly serious charge of rape or sexual assault, you need an accomplished criminal defense lawyer to defend you against all charges. Texas criminal defense attorney Adam Capetillo has a record of successfully defending clients against rape and sexual assault charges. We work as a team to determine which of the defenses available will be the most powerful legal argument to make inside of a courtroom.

The Definition of Sexual Assault in Texas

Texas Penal Code Section 22.011 presents a lengthy list of different scenarios that can be defined as sexual assault. Generally speaking, Texas criminal law defines sexual assault as an act of intentional sexual contact in which penetration happens and the victim did not consent to the penetration.

Here are the most common forms of no consent as written into the Texas Penal Code:

“The offender used physical force or violence against the victim.”

“The offender threatened violence or force against the victim, who believed the offender was physically capable of carrying out the threat.”

“The offender knew the victim was unconscious or otherwise unable to resist.”

“The victim suffered from a mental disease or defect that prevented him or her from understanding the nature of the sexual act.”

“The victim was unaware that the sexual contact was taking place.”

“The offender intentionally impaired the victim’s ability to understand and control what was happening.”

How Texas Criminal Law Defines Rape

Texas defines the crime of rape a little bit differently than how many other states define the term. Most states define rape as the committing of any of the acts listed in the state’s sexual assault statute, without gaining the consent of the victim to perform the acts. However, Texas defines rape as one of the types of crimes committed under the sexual assault category. Statutory rape in Texas must involve the victim being under the age of 17, which state law has clearly stated is the minimum age that someone is capable of giving consent.

Penalties for Sexual Assault in Texas

Typically considered a second degree penalty, a conviction for sexual assault can trigger a jail sentence running between 2 and 20 years. Judges or juries have discretion to impose a fine as well not to exceed $10,000. Aggravated sexual assault is also considered a first degree felony in Texas, with a jail term of a minimum of 25 years in certain circumstances.

Sexual Assault and Rape Defense in Texas

Anyone charged with sexual assault in Texas has plenty to lose if the jury returns a guilty verdict. This is why criminal defense attorney Adam Capetillo carefully weighs the options available for presenting a powerful defense for his clients. Like other types of violent crimes, the crime of sexual assault requires the jury to issues a guilty verdict that is based on the “Beyond a reasonable doubt” legal principle. “Beyond a reasonable doubt” means there must not be any reasonable doubt about the guilt of the defendant. Our goal is to show a jury there is reasonable doubt by investigating and fully understanding the facts of your case in order to present a winning defense.

Lack of Evidence

Sex crimes may be evidence based cases, from examining hair left behind at the scene of a crime to fingerprinting a weapon used to commit the crime of sexual assault. We meticulously review every piece of physical evidence with the goal of requesting the prosecutor dismiss the case when necessary or trying motions to suppress evidence to a Judge as a matter of law.

Schedule a Free Initial Consultation with Attorney Adam Capetillo

Schedule a free initial consultation with experienced criminal defense attorney Adam Capetillo by submitting the online contact form or by calling our office at 346-420-4069.