Sex Offenses
Sexual Assault (Rape Allegations)
Sexual Assault allegations involve a complaining witness alleging that another person has engaged in a sexual act with them, and the sexual act was not consensual. These sexual acts include the touching of a complaining witness's sexual organ, anus, or breast.ย
Sexual Assault allegations may involve the use of violence, or threat of violence against the complaining witness or another person. The lack of consent includes situations where a complaining witness is developmentally disabled, or a complaining witness is unconscious.
Sexual Assault may involve circumstances where the Defendant is in a position of power to the complaining witness, such as a law enforcement officer or other public official or a mental health service provider.
This is not meant to be an exhaustive list of how a person can meet the legal definition of committing a sexual assault, but designed to describe general examples.
The law does NOT require there to be full penetration of a sexual organ or anus to constitute sexual assault. Sexual assault can also involve the use of the mouth of the actor or the complaining witness to contact the sexual organ, anus, or breast of another.
Aggravated Sexual Assault
Aggravated Sexual Assault allegations are what most people think of when they say "forcible rape."
Aggravated Sexual Assault allegations involve sexual assault as stated above, but also involve serious bodily injury of the complaining witness or another, the use or threat of use of a weapon, or a child under 14 years of age,ย
Under certain circumstances, if the victim is under 14 years of age, or in any circumstances if the victim us under 10 years of age, the minimum sentence is 25 years.
Continuous Sexual Abuse of a Child
Continuous Sexual Abuse of a child occurs when, over a period of more than 30 days, a person sexually assaults a child younger than 14 years of age.
Touching of the breast are specifically excluded from this particular crime.
The minimum punishment for this offense is 25 years in TDCJ and a person convicted of this offense is NOT eligible for parole.
If you or someone you are close to has been accused of or is under investigation for a sexual offense, whether it is in the nature of an assault as listed here, or it is another type of sexual offense, you or your loved one need immediate representation.
These types of cases are some of the worst offenses a person can be charged with. Even being arrested on an offense of this nature can destroy a person's life and career, and result in the loss of numerous associates. If you or a loved one is being investigated for a sexual assault of some kind, it is imperative you secure an experienced attorney right away.
There are things someone being investigated for an offense of this nature can do to try to prevent being charged with an offense of this nature. Obviously, and especially because of the stigma produced by even being arrested for an offense of this nature, if you can prevent the charge from getting to an arrest, you are successful.
In order to do this, you need a great lawyer who has quite a bit of experience navigating these types of cases. There are defense attorneys in many jurisdictions who simply will not handle these types of cases because of the strain it takes on the complaining witness, the defendant or person under investigation, and the attorney themselves. If you are being investigated for an offense of a sexual nature, consult attorney Wm. Marcus Wilkerson immediately.