– Sexual Assault –

What is Sexual Assault?

Sexual Assault is one of the most serious charges an individual can be accused of in Texas. The term sexual assault refers to sexual contact or behavior that occurs without the explicit consent of the victim. Some forms of sexual assault that a person in Texas might be accused of include: attempted rape, fondling or unwanted sexual touching, and forcing another person to perform sexual acts, such as oral sex. If you have been wrongly accused of sexual assault, it is urgent you hire an aggressive and experienced lawyer to fight in your corner.  Matthew Pillado LLC is here to help you.

 One of the most controversial disputes is that over the frequency of false allegations of sexual assault. Defending against false charges of Sexual Assault is imperative to your future and the future of your loved ones. These types of charges, if not defended properly, can haunt a person for the rest of their lives. 

“Of the 136 cases of sexual assault reported over the 10-year period, 8 (5.9%)
are coded as false allegations. These results, taken in the context of an examination of
previous research, indicate that the prevalence of false allegations is between 2% and 10%.”

-excerpt from 2010 study, False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases

These results, when examined in the context of the research, indicated that the frequency of false allegations was between 2-10%. That might not sound like much, but if you are one of the falling into this situation, that can cost years of your life without the proper defense. The attorneys at Matthew Pillado PLLC understand this, and can help you take the right steps.

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What is Lack of Consent?

Lack of consent is:

  • When a defendant uses physical force or violence.
  • The victim is unconscious or physically unable to resist.
  • When the defendant knows the victim is incapable of appraising the nature of the act because of a mental disease or defect.
  •  when the defendant is placed in a position of power or in charge of the care of the victim such as health care providers, clergyman, public servants, or the victim’s employee of the facility.

What is the punishment for Sexual Assault?

In Texas, based on the facts of the case, sexual assault is either a first or second-degree felony. The charge may elevate to aggravated sexual assault with a deadly weapon if the defendant causes serious bodily injury or exhibits a deadly weapon during the commission of the assault.

Typically, Sexual Assault is a first-degree felony that carries a two to twenty year prison sentence and/or a fine up to $10,000, while aggravated sexual assault with a deadly weapon is a second-degree felony.

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What are the defenses against a Child Sexual Assault allegation?

 

There are two affirmative defenses to a Child Sexual Assault charge. First, if the conduct consisted of medical care for a child and did not include contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

Second, there is an affirmative defense if the parties are married. This specifically means that (1) the age difference between the couple is three years or less, (2) the accused is not a registered sex offender, (3) the victim was fourteen years of age or older; and (4) the couple was not prohibited from marrying.

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We represent criminal defense & personal injury clients in Midland, Odessa, Fort Worth, Dallas, Keller, Grapevine, Irving, Grand Prairie, Arlington, Euless, Bedford, North Richland Hills, Richardson, Highland Park, Colleyville, Southlake, Westlake, Roanoke, San Antonio, Austin, Houston, Huntsville and Lubbock.
By submitting this form and using this website, you agree that this website, contact form, email correspondence or phone calls with Matthew Pillado, PLLC does not create an attorney-client relationship. Only a signed, written client representation agreement creates an attorney-client relationship with Matthew Pillado, PLLC.

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