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How Sexual Offenses Are Prosecuted In Texas: A Guide For The Accused
John D.
Being accused of sexual offense in Texas is a serious and life -changing event. The process is complex and the results can be long-lasting. If you are facing this situation, it is important to understand what is happening at all stages – from investigation to trial and how the law works in Texas.
This guide will walk you through the most important steps of prosecution and what rights and options you have along the way.
Understanding Sexual Offenses In Texas
Texas law defines a wide range of sexual offenses under the Texas Penal Code. These include:
- Sexual Assault (Sec. 22.011): Involves sexual activity without the other person’s consent.
- Aggravated Sexual Assault (Sec. 22.021): Involves serious bodily harm, use of a deadly weapon, or offenses involving minors.
- Indecency with a Child (Sec. 21.11): Covers both contact and exposure offenses involving children under 17.
- Online Solicitation of a Minor (Sec. 33.021): Criminalizes the act of communicating with a minor with intent to meet for sexual purposes.
- Public Lewdness (Sec. 21.07) and Indecent Exposure (Sec. 21.08): Involve sexual behavior in public or inappropriate exposure.
Many of these are considered felony charges, which means prison time, steep fines, and mandatory sex offender registration if convicted.
The Initial Complaint And Police Investigation
The process often starts when someone files a complaint. This could be a direct report to police, a school official, or even a hospital. In many cases, especially those involving minors, Child Protective Services (CPS) may also become involved.
Once a complaint is made, the police begin an investigation. This may include:
- Interviewing the alleged victim and any witnesses
- Collecting physical evidence like clothing, bedding, or surveillance footage
- Gathering digital evidence (texts, emails, or social media messages)
- Ordering a Sexual Assault Forensic Exam (SAFE kit) if applicable
If you’re contacted during this stage, it’s vital that you exercise your right to remain silent and request legal counsel immediately. Statements made without an attorney present can be used against you later.
Arrest And Booking
If police believe there is enough evidence, they may arrest you. In Texas, police can arrest someone without a warrant if they have probable cause to believe a felony was committed. After the arrest:
- You’ll be booked into jail
- Fingerprints and photographs will be taken
- You’ll wait for a magistrate judge to review the charges
The judge will decide whether to set bail and at what amount. Some sexual offenses are not eligible for personal bond. You may need to post cash bail or use a bail bondsman. The judge may also impose conditions of release, like avoiding the alleged victim or wearing a GPS monitor.
Formal Charges And The Role Of The Prosecutor
After the arrest, the case is sent to the local district attorney’s office. A prosecutor will:
- Review the police report and evidence
- Determine which charges to file
- Present the case to a grand jury (for felony charges)
If the grand jury believes that there is a possible reason, they will issue a bill of indictment and the case will continue to move forward. At this point, you will be charged formally and your case will be assigned to a court. From here, the trial process begins
Pretrial Proceedings And Plea Bargains
Before the case goes to trial, there are multiple court hearings. These include:
- Arraignment: You’ll enter a plea usually “not guilty”
- Pretrial Motions: Your attorney may file motions to suppress evidence or request dismissal
- Discovery: Both sides exchange evidence and witness lists
In many cases, the prosecution may offer a plea deal. This could involve:
- A reduced charge
- A shorter sentence
- Deferred adjudication (probation without conviction)
You don’t have to accept a plea deal. A good defense attorney will explain the pros and cons so you can make an informed decision.
What To Expect At Trial
If your case goes to trial, it will be held before a jury unless you choose a bench trial ( only judge ). Sexual offense trials in Texas follow this process:
- Opening Statements: Each side presents its case outline
- Prosecution’s Case: They present evidence and witnesses
- Defense’s Case: You and your lawyer can call witnesses or testify
- Closing Arguments: Final statements to the jury
- Jury ideology and decisions
The prosecution must prove every element of the crime beyond a reasonable doubt. If the jury finds you guilty, sentencing will follow.
Sentencing And Penalties
Penalties for sexual offenses in Texas vary based on the charge:
- Second-Degree Felony (e.g., Sexual Assault): 2 to 20 years in prison and up to a $10,000 fine
- First-Degree Felony (e.g., Aggravated Sexual Assault): 5 to 99 years or life in prison
- Indecency with a Child: Can also be First or Second Degree, depending on the nature of contact
In many cases, the judge may also order:
- Mandatory sex offender registration (often for life)
- Restrictive probation terms (e.g., curfews, travel limits, therapy)
- No-contact orders with victims or minors
Aggravating factors like prior convictions or use of a weapon can result in harsher penalties.
The Sex Offender Registry
Texas maintains a public sex offender registry. If convicted of many sexual offenses, you must register your:
- Name and address
- Place of work
- Vehicle info
- Online identifiers (usernames, emails)
This can severely limit where you live, work, or travel. Registration is required for life for many serious offenses.
Common Defenses In Texas Sexual Offense Cases
Just because you’re accused doesn’t mean you’re guilty. A strong legal defense can help protect your rights and possibly lead to dismissal or acquittal. Common defenses include:
- Consent: In adult cases, proving the act was consensual
- False Accusation: Motivated by revenge, jealousy, or misunderstanding
- Mistaken Identity: When the accused was wrongly identified
- Lack of Evidence: The prosecution’s case is based on weak or circumstantial proof
- Alibi: You were somewhere else when the alleged crime occurred
An experienced Texas criminal defense lawyer will evaluate which defense is best based on your case facts.
Why You Need Legal Help Right Away
Sexual offense accusations carry major stigma even before a conviction. Hiring a defense attorney early can make a huge difference. Your attorney can:
- Handle police interviews
- Challenge illegal searches or statements
- Build a defense strategy
- Negotiate with prosecutors
- Represent you at every court appearance
In some cases, a good attorney may be able to stop charges before they are filed at all.
Final Thoughts
It is a huge impact on your life to be accused of sexual offense in Texas, but understanding its rights can make a difference. Act quickly, stay informed and do not face it alone. Contact L&L Law Group in Texas, today for skilled legal defense and each phase of the process dedicated through each phase of the process. Your future matters.