Dallas Sexual Assault Lawyers

Defending Clients Facing Sexual Assault Accusations in Texas

At the Law Office of Patrick J. McLain, PLLC, we believe in the importance of due process and the presumption of innocence. Accusations of sexual assault can leave lasting impacts on your personal and professional life. We understand the gravity of the situation, and our legal team is committed to providing our clients with robust and vigorous representation. Our inclusive approach respects your rights throughout every stage of the legal process, ensuring that your defense strategy is as thorough and comprehensive as it is effective. 

We have over 30 years of legal experience, including past experience in prosecuting criminal offenses in Texas. Our team has handled thousands of cases and secured numerous not-guilty verdicts and dismissals. Our Dallas sexual assault attorneys know how the criminal justice system works and what is at stake in cases like these. Our goal is to help you secure the best possible outcome in the face of serious charges. By leveraging insights from prior prosecutorial experience, we anticipate and counteract the strategies that might be used against you. 

Are you facing charges for sexual assault? Call the Law Office of Patrick J. McLain, PLLC today at (214) 238-9392 to schedule a consultation.

What Is Sexual Assault? 

Sexual assault generally refers to any act in which a person sexually violates another without explicit consent. This can involve forced sexual intercourse, inappropriate touching, or other forms of sexual contact achieved through force, threat, or manipulation. Understanding the nuances of consent and the circumstances that define sexual assault is critical for both defense and prosecution in these sensitive cases.

Lack of consent is automatically presumed when the victim is a minor (under age 17) or when force or physical violence is used or threatened in committing the sexual act. Additionally, if the victim cannot provide consent— for example, if they are intoxicated or incapacitated— any sexual act is presumed to be sexual assault. It’s important to note that consent must be freely given and can be withdrawn at any time during any sexual encounter. If consent is absent or revoked during a sexual scenario, continuing the act can constitute sexual assault. These conditions underscore the complexity and sensitivity required in legal defense.

Examples of sexual assault include:

• Rape: Forced sexual intercourse without consent.
• Inappropriate touching: Unwanted touching or groping of intimate areas.
• Sexual harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
• Sexual coercion: Pressuring someone into sexual activity through threats, manipulation, or other means.
• Unwanted sexual comments or advances: Making inappropriate or sexually suggestive comments, gestures, or advances without consent.
• Non-consensual sharing of intimate images: Distributing or sharing explicit images or videos of someone without their consent, also known as "revenge porn" or "non-consensual pornography."
• Sexual abuse: Any form of unwanted or non-consensual sexual behavior or contact, including that which occurs in childhood.

If you’ve been accused of sexual assault, we recommend that you seek legal representation immediately. These allegations are serious and can significantly affect your personal and professional life. The Law Office of Patrick J. McLain, PLLC in Dallas is experienced in defending clients facing these severe charges and can work diligently to protect your rights and reputation. Our commitment is to guide you through this challenging time, providing solid advice and support tailored to your circumstances.

Understanding Texas Sexual Assault Laws

Texas has stringent laws when it comes to sexual assault offenses. Understanding these laws can help you grasp the severity of the charges and the potential consequences. Sexual assault laws in Texas are primarily defined in the Penal Code, where the crime is categorized by specific actions and the age of the victim. Awareness of these legal definitions is crucial for anyone involved in a sexual assault case.

In Texas, sexual assault is considered a felony, and the classification can vary from second-degree to first-degree, based on circumstances such as the relationship between the accused and the victim, the use of violence, and whether the victim was underage or incapacitated. Knowledge of these distinctions can aid in understanding the charges faced and the best defenses to employ. 

Is Sexual Assault a State or Federal Crime in Texas?

Sexual assault is prosecuted under both state and federal laws. The distinction between the two largely depends on where and how the crime occurs. Understanding which laws apply and how they intersect is crucial for an effective defense strategy.

Typically, if the offense happens within a single state’s boundaries, the state law applies. If the assault occurs on federal property, such as a national park or building, it falls under federal jurisdiction. The same applies if the victim is transported across state lines for the purpose of sexual assault. A nuanced understanding of these jurisdictional boundaries is critical in crafting defense strategies that are correctly targeted to individual charges.

Federal law outlines several specific offenses related to sexual assault, including aggravated sexual abuse, sexual abuse, and sexual abuse of a minor or ward. Violations of these laws can result in severe penalties, including substantial fines and extended periods of incarceration. Recognizing the differences in penalties under state and federal statutes is essential to accurately convey the stakes involved.

What Is Aggravated Sexual Assault in Texas?

As defined under Texas Penal Code § 22.021, aggravated sexual assault occurs when a sexual assault is accompanied by circumstances that elevate the crime’s seriousness. Delving into these factors helps in assessing potential defense routes. 

Aggravating factors can include:

• The victim was under 14 years of age, elderly, or disabled.
• The perpetrator used or exhibited a deadly weapon during the commission of the assault.
• The perpetrator caused serious bodily injury or attempted to cause the victim’s death.
• The assault involved threats that made the victim fear death, serious bodily injury, or kidnapping, either to the victim or another person.
• A “date rape” drug or any substance that could impair the victim’s ability to resist or comprehend the situation was used in the assault.
• The act was committed along with another person.

These factors can significantly increase the severity of the punishment upon conviction.