Houston Sexual Assault Attorney

Defending Against Sexual Assault Charges in Texas

Sexual Assault is often referred to as rape or date rape and is one of the most serious criminal charges in Texas. These cases typically involve allegations that a person engaged in non-consensual sexual activity with another individual. While men are more commonly accused, both men and women can face these charges.

Common scenarios include:
✔ Use of force or threats – The accused is alleged to have used violence, coercion, or intimidation to force the complainant into sexual activity.
✔ Incapacity to consent – The complainant claims they were unconscious, physically unable to resist, or mentally incapacitated due to a medical condition, disability, or mental illness.
✔ Intoxication and date rape allegations – A person engages in what they believe to be consensual sex, only to later find out the complainant claims they were too intoxicated by alcohol or drugs to legally consent.

Regardless of the circumstances, a Sexual Assault charge can result in life-changing consequences, including prison time, mandatory sex offender registration, and severe damage to personal and professional reputations. If you are accused of Sexual Assault, it is critical to consult with an experienced Houston Sexual Assault defense attorney immediately.

Texas Sexual Assault Laws & Penalties

Under Texas Penal Code § 22.011, Sexual Assault is generally a Second-Degree Felony, punishable by:
✔ 2 to 20 years in prison
✔ Up to $10,000 in fines
✔ Mandatory lifetime sex offender registration

However, the charge can be upgraded to a First-Degree Felony if the alleged victim was someone the accused was prohibited from marrying or cohabiting with under Texas law.

Additionally, Sexual Assault is classified as a “3g” under Tex. Code Crim. Proc. Art. 42A.054, meaning:
✔ No early parole eligibility – A person convicted must serve at least 50% of their sentence before becoming eligible for parole.
✔ No regular probation – A judge cannot grant standard community supervision. However, deferred adjudication may be an option in certain cases.

What Must the Prosecution Prove?

To secure a conviction for Sexual Assault, prosecutors must prove beyond a reasonable doubt that the accused intentionally or knowingly did one of the following without the other person’s consent:
✔ Penetrated the anus or sexual organ of another person by any means.
✔ Penetrated another person’s mouth with their sexual organ.
✔ Caused another person’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person, including the accused.

Age of Consent in Texas: The legal age of consent in Houston, Texas, and statewide is 17. However, special rules apply in cases involving minors under 17, which could result in Sexual Assault of a Child charges, even if the younger person consented.

(Note: For the lesser-known offense of Sexual Performance by a Child under Tex. Pen. Code Section 43.25, a person “commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.”

As with Sexual Assault, this is a serious felony requiring the best attorney representation.)

Sexual Assault FAQ

A: We typically advise our clients not to talk with the police. If you are under investigation, do not make any statements to law enforcement without first speaking to one of Scheiner Law Group, P.C.'s attorneys. Anything you say can and often will be used against you.
A: The age of consent in a sexual assault case is 17. However, there are exceptions and defenses in certain situations. An attorney can assess whether any legal defenses apply to your case. (As noted above, for the lesser-known offense of Sexual Performance by a Child under Tex. Pen. Code Section 43.25, a person “commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.”)
A: In most cases, no. Texas law does not typically recognize a defense based on mistaken belief of age, except in limited circumstances.
A: Yes. If the complainant was too impaired by alcohol or drugs to legally consent, you could still face charges—even if you believed the encounter was consensual.

Why You Need an Experienced Houston Sexual Assault Defense Attorney

Sexual Assault charges can destroy your future, but an accusation does not mean you are guilty. Many of these cases rely on weak evidence, false allegations, or unreliable witness testimony. At Scheiner Law Group, P.C., we provide a strong and strategic defense, using:

✔ Consent Defense – Showing that the act was voluntary and mutual.
✔ False Accusation Defense – Highlighting contradictions, ulterior motives, or credibility issues.
✔ Lack of Evidence Defense – Challenging insufficient forensic or testimonial evidence.
✔ Improper Investigation Defense – Exposing flaws in law enforcement procedures or violations of your rights.

If you are facing Sexual Assault allegations in Houston, do not wait. The earlier we start building your defense, the stronger your case will be.

Call 713-783-8998 Now for a Confidential Case Review