Dallas Rape Attorneys

Defending Against Rape Charges in Texas

If you’re facing allegations of rape, act quickly to get a skilled rape defense attorney on your side. Rape is a felony, which is considered the most serious type of offense, and it can range from a state jail felony all the way up to a first-degree. If you’re found guilty, you could be sentenced to several years in prison and/or be ordered to pay thousands of dollars in fines.

When you’re facing rape charges, your rights, freedoms, and future are on the line. That is why, when you hire Palmer Perlstein, we do everything in our legal power to work toward a favorable outcome on your behalf. Our Dallas rape defense lawyers combine their efforts to provide aggressive representation and employ a strategic approach to handle your case. Two of our lawyers are former prosecutors, and they leverage their unique insight to build a defense that considers the methods used by the prosecution to fight back against the State’s accusations.

Get over 140 years of combined experience on your side by calling our Dallas rape attorneys at 469-966-7614 today.

What is Rape in Texas?

Texas Penal Code 22.011 is the statute concerned with sexual assault (rape). It provides that rape occurs when someone engages in non-consensual sexual conduct or contact with another. Various acts are prohibited.

According to the law, a person commits rape when they intentionally, knowingly, and without consent:

Penetrate another person’s anus or sex organ, regardless of the means used to cause the penetration
Penetrate another person’s mouth with their sex organ
Makes someone else’s sex organ contact or penetrate another person’s mouth, anus or sex organ

Sexual assault also occurs when someone engages in any of the above conduct with a child (a person under 17 years of age). The individual could be accused of the offense regardless of whether or not they received consent or knew the child’s age at the time the act was committed.

Depending on the circumstances, sexual assault can be elevated to the more serious offense of aggravated sexual assault.

Factors that result in aggravated charges being levied against a person include:

Threatening the other individual so that they believe they will be a victim of human trafficking or subject to death, serious bodily injury, or kidnapping
Causing death, serious bodily injury, or kidnapping
Using or displaying a deadly weapon
Committing the act with another person
Giving the alleged victim a drug that impairs their normal faculties and they do not know what’s going on or cannot resist
Committing the act against a child under 14 years of age
Committing the act against an elderly or disabled person

What Is Consent in Texas?

Texas law states that rape occurs when the actor didn’t have consent from the other party to have sex with them. In many sexual assault cases, the question of whether or not the alleged victim legally gave consent often arises.

Under Texas Penal Code 22.011, a sexual act is non-consensual if it occurs:

By use of force, violence, or coercion
By use of threats that the alleged victim reasonably believes the actor will carry out
When the alleged victim is unconscious or otherwise unable to resist
When the alleged victim is mentally incapacitated and unaware of what’s happening and unable to resist
When the actor gave the alleged victim a substance to impair their normal faculties
When the actor threatens anyone else and the alleged victim believes they will carry out the threat
When the actor uses their role as a public servant, such as a police officer, to coerce the alleged victim
When the actor is a mental health provider, clergyman, employee of a facility where the alleged victim lives, or a health care services provider who uses their role or knowledge of the alleged victim’s mental state to make them participate in sexual conduct

Penalties for Rape Convictions in Texas

Generally, sexual assault, without any aggravating factors, is a second-degree felony. The penalties include 2 to 20 years in prison and/or a fine of up to $10,000. It becomes a first-degree felony when the alleged victim was someone the individual was prohibited from marrying. In this case, a conviction could result in 5 to 99 years in prison and/or a fine of up to $10,000.

Aggravated sexual assault is a first-degree felony. If the offense is committed against someone under 14 years of age, the minimum prison sentence is 25 years.

Your Rights and Legal Defense Options

If you have been accused of rape, it’s essential to understand your rights under the law. You have the right to remain silent and to not incriminate yourself. Anything you say can and will be used against you in a court of law. You also have the right to an attorney. It’s crucial to exercise these rights from the moment you become aware of the accusations against you.

Defending Yourself Against Rape Charges

Your defense against rape charges will depend on the circumstances of your case. Common defense strategies include proving the act was consensual, providing an alibi, showing lack of evidence to support the accusations, or questioning the credibility of the accuser. Each case is unique, and a defense strategy should be tailored to fit the specific facts of your situation.

How an Attorney Can Help

A skilled defense attorney can be invaluable when facing rape charges. They can help in several ways:

Evaluating the Evidence: An attorney can critically assess the evidence against you and look for inconsistencies or weaknesses in the prosecution’s case.
Developing a Defense Strategy: Based on their experience and knowledge of the law, your attorney can develop a robust defense strategy. This could involve negotiating with prosecutors for reduced charges or, if the case goes to trial, presenting evidence and arguments in your defense.
Protecting Your Rights: Throughout the legal process, an attorney can ensure that your rights are protected. This includes making sure law enforcement and prosecutors follow legal procedures and challenging any evidence that may have been obtained unlawfully.
Guidance and Support: Facing rape charges can be incredibly stressful. An attorney can guide you through the legal process, helping you understand what to expect at each step and providing support along the way.

Facing rape charges can have profound implications for your future. It’s vital to act swiftly and secure knowledgeable legal representation to protect your rights and pursue the best possible outcome in your case.