Houston Lawyer Charles Johnson
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Are you currently in a situation where you are facing criminal charges for Murder? Houston Criminal Homicide Lawyer Charles Johnson represents clients charged with Homicide crimes throughout all of Texas. The Charles Johnson Law Firm can provide legal counsel at virtually any stage of your case, even if formal charges have not yet been filed against you. Currently, Texas has six types of Criminal Homicide charges:
Homicide is the act of killing another person, either intentionally or unintentionally. It is perhaps the most serious crime you could be accused of, and the potential penalties you could face if convicted are equally serious. Your lawyer must be well-versed in Texas and Federal Homicide laws to successfully represent you. If you or someone you love has been charged with any type of Criminal Homicide, you must take these charges very seriously and seek the legal advice of an experienced and knowledgeable Houston Criminal Defense Attorney right away. The Charles Johnson Law Firm will examine all the details of your case and will challenge the evidence against you. Houston Lawyer Charles Johnson has helped his clients either prove their innocence, or obtain a reduction in the charges against them. Whether you or guilty or not, you deserve to have an experienced attorney on your side who will work aggressively, to protect you and your rights. Contact Criminal Defense Lawyer Charles Johnson anytime night or day directly at (713) 222-7577. He is always available to discuss your case.
Texas Penal Code Chapter 19: Four Types Of Criminal Homicide
TPC section 19.01 states that there are four types of Criminal Homicide. They are Murder,Capital Murder, Manslaughter and Criminally Negligent Homicide.
Under TPC section 19.02 there are three basic ways to commit murder:
- intentionally or knowingly causes the death of an individual;
- intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
- commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission
or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
Murder is usually a felony of the first degree, the possible punishment for which is imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and/or by a fine not to exceed $10,000. The only exception to this that the crime is a felony of the second degree if the requirements of TPC sec. 19.02 (d) are satisfied:
At the punishment stage of a trial, the defendant may raise the issue as to
whether he caused the death under the immediate influence of sudden passion arising
from an adequate cause. If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second degree.
During the punishment phase of the trial, a defendant may argue that he caused the death while under the immediate influence of sudden passion arising from an adequate cause. “Sudden passion” is “passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.”
“Adequate cause” is a “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.” Sudden passion is a mitigating circumstance that, if found by the jury to have been proven by a preponderance of the evidence, reduces the offense from a first degree felony to a second degree felony.
Thus, before defendants are allowed to have the judge or jury consider sudden passion, defendants must prove:
- that there was a adequate (legally recognized) provocation for the emotion or passion;
- an emotion or passion such as terror, anger, rage, fear or resentment existed;
- that the homicide occurred while the passion or emotion still existed;
- that the homicide occurred before there was a reasonable opportunity for the passion or emotion to cool (dissipate); and,
- that there was a causal connection between the provocation, the passion, and the homicide.
A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000. This is where the old offense of “voluntary manslaughter” ended up after amendments to the TPC effective in 1994. Thus, there is currently no offense of voluntary manslaughter in Texas.
A capital murder is a capital felony. The Texas Penal Code specifically defines Capital Murder(and, thus, the possibility of the death penalty as a punishment) as murder which involves one or more of the elements listed below:
- the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
- the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat,
- the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
- the person commits the murder while escaping or attempting to escape from a penal institution;
- the person, while incarcerated in a penal institution, murders another:
- who is employed in the operation of the penal institution; or
- with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
- the person:
- while incarcerated for an offense under this section or Sec.19.02, murders another; or
- while serving a sentence of life imprisonment or a term of 99 years for an offense under Sec. 20.04, 22.021, or 29.03, murders another;
- the person murders more than one person:
- during the same criminal transaction; or
- during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
- the person murders an individual under six years of age; or
- the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
A capital felony is punishable by death or life imprisonment without parole. If the prosecution is not seeking the death penalty, life without parole is the mandatory sentence. Prior to 2005, capital felony life imprisonment was life with the possibility of parole after 40 years.
Under current state law, the crimes of Capital Murder and Capital Sabotage (see below) or a second conviction for the aggravated sexual assault of someone under 14 is eligible for the death penalty.
Note: The Texas Penal Code allows for the death penalty to be assessed for “aggravated sexual assault of child committed by someone previously convicted of aggravated sexual assault of child”. The statute remains part of the Penal Code; however, the Supreme Court of the United State’s decision in Kennedy v. Louisiana which outlawed the death penalty for any crime not involving murder nullifies its effect.
The Texas Penal Code also allows a person can be convicted of any felony, including capital murder, “as a party” to the offense. “As a party” means that the person did not personally commit the elements of the crime, but is otherwise responsible for the conduct of the actual perpetrator as defined by law; which includes:
- soliciting for the act,
- encouraging its commission,
- aiding the commission of the offense,
- participating in a conspiracy to commit any felony where one of the conspirators commits the crime of capital murder
The felony involved does not have to be capital murder; if a person is proven to be a party to a felony offense and a murder is committed, the person can be charged with and convicted of capital murder, and thus eligible for the death penalty.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are precluded from being executed by the Constitution of the United States.
Manslaughter (TPC sec. 19.04) is recklessly causing the death of an individual. Manslaughter is a felony of the second degree, which is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.
Texas does not officially use the term “involuntary manslaughter” or “voluntary manslaughter” which can sometimes be a little bit confusing. Many states do make the distinction between voluntary and involuntary manslaughter. Instead, Texas combines involuntary and voluntary manslaughter together and it is known as just “manslaughter.”
To convict a defendant of manslaughter, prosecutors must be able to prove beyond a reasonable doubt that the defendant recklessly caused the death of another individual. There is no requirement of premeditation to this crime and no requirement for there to be intent or knowledge on the part of the defendant. The only requirement is that the defendant’s conduct was reckless.
Although manslaughter is defined broadly in Texas, there are specific types of manslaughter that are treated separately. For example, intoxication manslaughter is one, and vehicular manslaughter is another. Intoxication manslaughter deals with the defendant recklessly causing the death of another while intoxicated. Cases involving driving while intoxicated would probably be prosecuted under TPC sec. 49.08, Intoxication Manslaughter (see below), rather than under this section. Vehicular manslaughter deals with the defendant recklessly causing the death of another while driving a vehicle or vessel.
Criminally Negligent Homicide
Criminally negligent homicide (TPC sec. 19.05) is causing the death of an individual by criminal negligence. It is a state jail felony under which in general, a person can be confined in a state jail for not more than two years nor less than 180 days. In addition, a fine of not more than $10,000 may be assessed.
Criminally Negligent Homicide differs from Manslaughter only in terms of the culpability or mens rea. Criminally negligent homicide involves criminal negligence. Manslaughter involves recklessness. Thus, Manslaughter involves conscious risk creation (the actor is aware of the risk surrounding his conduct or the results thereof, but consciously disregards that awareness). Criminally negligent homicide involves inattentive risk creation. The actor ought to have been aware of the riskiness of his or her conduct but failed to perceive the risk.
Recklessness and criminal negligence are more serious forms of culpability than the negligence that can result in civil liability. Unlike civil or ordinary negligence, recklessness requires somesubjective awareness of the risk. Ordinary negligence is a totally objective standard. Criminal negligence requires a “gross” deviation from the standard of care a reasonable or ordinary person would have exercised under the same circumstances. Criminal negligence is roughly equivalent to “gross negligence” which is a more serious form of culpability than ordinary negligence. Ordinary negligence can be made out by showing any deviation from the standard of care that a reasonable person would exercise.
Texas Penal Code Section 49.08 Intoxication Manslaughter
The final type of criminal homicide found in Texas Code is found in TPC ch. 49, “Intoxication and Alcoholic Beverage Offenses.” A person is guilty of intoxication manslaughter if the person operates a motor vehicle in a public place, operates an aircraft, watercraft or an amusement ride, or assembles a mobile amusement ride and “ is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
“Intoxicated is defined as having a blood alcohol content of 0.08 or more or
“not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body . . .”
This offense is a felony of the second degree. A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000
Note that this is a strict liability offense. Guilt attaches even if the death is caused by accident or mistake. Many observers are critical of strict liability offenses because they arguably punish conduct which is not blameworthy. Supporters of strict liability offenses counter that such offenses are usually fine-only offenses. This is clearly not the case for sec. 49.08 for which a person could be imprisoned for up to 20 years.
Section 49.08 does not apply to injury or death of an unborn child if the offense against the unborn child is committed by the mother of the unborn child. Thus, if a pregnant woman is driving while intoxicated and has an accident which kills her fetus, it is not a crime.
Texas Government Code – Section 557.012 Capital Sabotage
- A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.
- An offense under this section is punishable by:
- death; or
- confinement in the institutional division of the Texas Department of Criminal Justice for:
- life; or
- a term of not less than two years.
- If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections.
Possible Defenses for Murder Charges
Defenses to first degree murder charges fall into two major categories: claims that the defendant did not commit the killing in question, and admission that the defendant committed the killing, but did not commit first degree murder.
Defendants admitting to having killed the victim can assert defenses that they were justified in doing so (in self defense, for example), or that they were somehow incapacitated and thus not legally liable. These defenses require the defendant to put forth proof to support his or her defense.
First degree murder defendants also may simply argue that the prosecution has not proved all elements of a first degree murder charge typically that the defendant killed willfully, deliberately and with premeditation. Though the defendant may support such an argument with evidence, he or she is not required to do so, as proof of all elements of the crime falls on the shoulders of the prosecution.
As with statutes defining crimes, the defenses recognized for a specific crime can vary by state. Furthermore, which defenses a criminal defendant may have depends on the particular facts of the case in question. For guidance, defendants should consult an attorney well versed in his or her state’s criminal laws.
In first degree murder cases, as well as other homicide crimes, defendants often argue mistaken identity i.e., that the prosecution has charged the wrong person with the killing. A defendant arguing mistaken identity often asserts an alibi if possible, which he or she tries to support with evidence of being somewhere else at the time of the killing. Other arguments in a mistaken identity defense include challenges to evidence placing the defendant at the scene of the crime. This can include challenges to witness identification as well as challenges to forensic evidence. A mistaken identity defense may also point to evidence implicating another possible suspect, but courts do not require defendants to do so.
Not all homicides are crimes, let alone first degree murders. The most common legal justification for a killing is self-defense or the defense of others.
To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.
The defendant’s reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.
For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender’s home.
Defense of Others
The reasonable and proportional defense of others also justifies some killings. The same requirements as self-defense typically apply: the use of force must be timely and proportional to the threat faced, and the perceived threat of death or bodily harm must be reasonable.
Exercise of Duty
Certain killings by law enforcement and other public officers qualify as justified homicides. If an officer kills someone in the exercise of duty and without an unlawful intent, recklessness or negligence, that killing generally does not constitute murder, let alone first degree murder.
Accident or Misfortune
Killings committed by accident in the course of lawful activities do not constitute murder. Some such killings may result in liability for manslaughter, but unless an accidental homicide takes place during the commission of a crime or as a result of other criminal intentions, they would not be covered by first degree or second degree murder statutes. In certain cases, such as parental discipline of children which results in even accidental death, the use of physical force beyond excepted norms can push the killing into murder and possibly, depending on state law, first degree murder.
Most states recognize an insanity defense to charges of first degree murder. Even states which allow the defense, however, treat it differently and often apply different tests. Most states define insanity, for purposes of determining criminal liability, as cognitively being unable to appreciate the quality of the act being committed, or unable to realize that the act is wrong. Some states also recognize a volitional aspect to “insanity” giving some defendants with disorders affecting impulse control access to the insanity defense.
Hire the Best Criminal Homicide Lawyers: The Charles Johnson Law Firm
Murder charges are of course the most serious of all charges and the most seriously pursued by the State Attorney’s Office or Federal Prosecutors. A person charged with homicide (murder) in Texas risks significant jail time and most convictions will result in never being released from custody. In some cases, they face being sentenced to death. Texas has become infamous in the country for the number of murders.
However not all deaths are criminal, and there are several powerful homicide defenses provided under Texas Law. If you or someone you know is charged with some form of a Homicide charge, then you need the best possible attorney. You are entitled to the best legal defense possible. Houston Criminal Defense Lawyer Charles Johnson can deliver that defense for you.Houston Criminal Homicide Lawyer Charles Johnson is available to discuss your case whenever you need him. Contact him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.
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Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.
Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.
No Requirement of Force
Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike “forcible rape,” statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape.
Age of Consent
Individuals cannot legally have sexual contact with an individual who is not of age. The legal age of consent may vary by state. For instance, the legal age of consent in Texas is 17. Some states have a legal age of consent as low as 14 while other states have a legal age of consent of 18.
An individual who has sexual contact with a person below the age of consent may face punishment. In general, sexual contact is considered any act intended to arouse another person. As such, an individual may be found guilty of statutory rape even if he or she did not have sexual intercourse with a minor.
Historically, statutory rape has been a “strict liability” offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14.
Factors Affecting the Level of Offense Charges and Penalties
Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed.
Statutory rape is a felony offense, so an individual who is found guilty of the crime may face several years in prison. In Texas, for example, the crime is a second-degree felony, so an individual may be sentenced to up to 20 years in prison.
Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders.
Exceptions to Statutory Rape Laws
Though statutory rape laws make it illegal for individuals to have sexual relationships with people below the age of consent, some exceptions do exist. Generally, these exceptions include:
- The individuals are within a certain number of years of one another
- The individuals dated before one was above the age of consent
- The younger individual is within so many months of being at the age of consent
These rules may not apply in all circumstances, so individuals should contact a legal authority to learn more about their legal rights regarding relationships with minors.
Professionals Required to Report
Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others.
Houston Statutory Rape Defense Lawyer: The Charles Johnson Law Firm
Statutory rape is a state sex crime that can be punishable by incarceration, fine, probation, and/or registry as a sex offender. If you are facing Statutory Rape charges, speak with an experienced and aggressive attorney from the Charles Johnson Law Firm in Houston, Texas.
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If you have been accused of domestic violence, you may be facing an uphill battle. Texas has strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do. No matter how your state or county handles allegations of domestic violence, it is important to mount a vigorous defense. Speak with an attorney from the Charles Johnson Law Firm in Houston, Texas to discuss your case and develop a strategy for fighting the charges.
Domestic Violence Defined
Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family. Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control.
Domestic Assault Arrest
Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will assess the situation and determine whether there is probable cause to arrest the person accused of domestic assault.
At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant’s lawyer will consult with the defendant about what kind of plea to enter. The judge will decide whether the defendant should be granted bail and, if so, how much the bail will be.
In many cases, the defendant will be ordered to have no contact — direct or indirect — with the alleged victim. This means that the defendant cannot go home, if that is where the victim lives, and the defendant must not call or communicate with the victim.
In some jurisdictions, even if the victim decides not to go forward with the charges, the case will continue. Numerous reasons, based on both history and public policy, are behind this practice.
A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal consequences like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.
Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.
Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm
As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.
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Unlike many other types of criminal defense cases, sexual assault defense cases require an extremely delicate touch. Sexual assault is a term which encompasses rape, attempted rape, sexual abuse and battery, molestation, and other crimes.
One of the most difficult aspects of sexual assault defense is the fact that there are rarely ever any witnesses to sexual assault crimes. In addition to the lack of witnesses, there is usually little evidence a rape, attempted rape, molestation, or other sex crime, ever occurred. Taking away evidence and witnesses, what we are left with is one word vs. another – the victim’s claim, and the suspect’s defense, both people’s lives often drastically affected by the severity of the event and the legal outcome.
It is the responsibility of your lawyer to thoroughly research all aspects of your case and assist you with whatever legal facilitation you need through this difficult time.
Don’t Make A Serious Mistake: Make The Right Choice For Your Sex Crimes Defense Attorney
If you or someone you care about is facing a charge of rape or sexual assault, you can’t afford to make a mistake with who you hire as your Houston Sex Crimes Defense Attorney. These types of criminal charges demand an attorney that has defended these types of cases successfully for many years. Our proven results are among the best in the legal profession in Texas. We know how to very aggressively and successfully defend Texas sex crime charges, and we know how to make sure you are legally protected to the maximum extent possible.
Make the wrong move – hire an attorney who only handles these cases “occasionally,” or hire an attorney based on the lowest fee you’re quoted – and you may find yourself in prison for something you may not be legally guilty of doing. If you are in this situation right now, you probably have a hundred questions to ask. Contact Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 for your free consultation. Attorney Johnson will help you decide what, legally, you need to do.
What Is Sexual Assault?
“Sexual Assault” is any form of sexual contact or penetration that is committed against another person without his or her consent. Victims of sexual assault can be compelled to participate through physical force, fear, coercion, deception, or the use of intoxicants such as drugs or alcohol. Some types of sexual violence that doesn’t involve force or other forms of compulsion are still considered criminal.
Sexual Assault is broadly defined as the full range of forced sexual acts, including forced touching or kissing; verbally coerced intercourse; and vaginal, oral, and anal penetration. Researchers typically include in this category only acts of this nature that occur during adolescence or adulthood; in other words, childhood sexual abuse is defined separately. Both men and women can be sexually assaulted and can commit sexual assault. The vast majority of sexual assaults, however, involve male perpetrators and female victims.
Other examples of sexual assault include:
Date or acquaintance rape which involves non-consensual sexual intercourse committed by a date or someone known to the victim, such as an acquaintance, friend, co-worker, date, or spouse. This includes incidents where the victim is unable to provide consent (e.g. unconscious, asleep, or under the influence of a substance). Most rapes are acquaintance rapes.
Alcohol-involved rape: Rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident.
Attempted rape: An act that fits the definition of rape, in terms of the strategies used, but does not result in penetration.
Childhood sexual abuse: Sexual abuse that occurs to a child (the term “child” is generally defined as age 13 or younger). Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.
Date rape: Rape committed by someone that the victim is dating. Among college students, approximately one-half of all rapes are committed by a date.
Marital rape: Rape committed by the victim’s spouse. Marital rape often is committed in association with verbal and physical abuse.
Stranger rape: Rape committed by someone that the victim does not know. Less than 20 percent of rapes are committed by strangers, although most people believe that stranger rape is the prototypical rape.
“Flashing” or “Exhibitionism” involves the exposure of a person’s genitals to cause alarm or fear in another person or to provoke sexual interest in the viewer.
“Peeping” or “Voyeurism” is secretively observing someone, without the person’s permission, for the purpose of sexual gratification.
“Stalking” or “Cyber stalking” are forms of harassment generally comprised of repeated and persistent following, calling, writing, texting, etc. with no legitimate reason and with the intention of harming, or so as to arouse anxiety or fear of harm in the person being followed or contacted.
Anyone — men, women, and even children — can be sexually assaulted. Sexual assault is usually defined as sexual activity between two or more people in which one of the people is coerced or threatened with harm. The sexual activity may include fondling, sexual intercourse, oral sex, and/or anal sex. The sexual aggressor can be a family member, like a husband or father, or a friend, date, acquaintance, or stranger.
Sexual assault is a crime that has become an epidemic problem. Sexual assault can be an extremely stressful, terrifying event and can severely disrupt the victim’s lifestyle and coping patterns. During a sexual assault, the victim may have feelings of powerlessness and uncertainty about whether he or she will survive. Frequently the victim’s life is directly threatened and the victim may be physically injured in a variety of ways. At the same time, the victim must remain alert, trying to protect him or herself from even more harm. Children who may be present are often threatened, adding to the terror and causing the victim to feel responsible for protecting them.
Studies show that the impact of sexual assault varies from person to person. Victims may no longer feel safe, may lose self-esteem, feel powerless, and lose the ability to trust others or develop intimacy. The more terrifying the assault, and the more the person’s life is threatened, the more problems victims usually have afterwards. Having suffered previous traumatic events can also contribute to greater problems.
Sexual assault of adolescent and adult women has been called a silent epidemic, because it occurs at high rates yet is rarely reported to the authorities. Several reasons contribute to the underreporting of sexual assault cases. Many victims do not tell others about the assault, because they fear that they will not be believed or will be derogated, which, according to research findings, is a valid concern. Other victims may not realize that they have actually experienced legally defined rape or sexual assault, because the incident does not fit the prototypic scenario of “stranger rape.” For example, in a study by Abbey and colleagues, a woman wrote, “For years I believed it was my fault for being too drunk. I never called it ‘rape’ until much more recently, even though I repeatedly told him ‘no’.”
Defendants Charged With Sexual Assault
Unfortunately in many of these cases there is a tendency to favor the victim’s claim and assume that he or she is telling the truth, no matter the actual believability of the story. The courts are supposed to be fair and equal, but that is not always the case. This is why it is imperative that you find a lawyer that believes you, is on your side, and will be aggressive in making sure your story is heard while defending your rights and fighting for your freedom.
Whether there is evidence of a crime or not, an effective and experienced criminal defense lawyer should know how the legal system works and how to best defend your rights and your case. Sexual Assault defense requires many resources including precision, experience, knowledge, and dedication, all aspects that you will find when working with our lawyers. At the Charles Johnson Law Firm, we defend each of our clients with every available tactic, legal technique, investigative research, and more to secure their vindication and release. In short, we will do our best to win your case.
If you have been charged with, or are charging someone with sexual assault of any sort, please protect your rights and contact Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 to discuss your case.
Victims of Sexual Assault in Society
Cultural and Religious Issues
Issues having the most profound impact on victims may, in part, be attributed to their cultural or religious backgrounds. For some victims, problems associated with poverty and discrimination, as well as inadequate access to quality health care, already have resulted in a high incidence of victimization. There may exist a general distrust of medical and law enforcement personnel who play vital roles in the aftermath of sexual assault, particularly if there has been a history of unpleasant or disappointing experiences with these professionals.
In some cultures, the loss of virginity is an issue of paramount importance which may render the victim unacceptable for an honorable marriage. In other cultures, the actual event of the assault may be a more signiﬁcant issue of concern for the family than is the victim’s loss of virginity.
Some religious doctrines prohibit a female from being disrobed in the presence of a male who is not her husband. A genital examination by a male physician also may be forbidden. These practices are often considered a further violation of the victim, the family or both.
The Elderly Victim
As with most other victims, elderly victims experience extreme humiliation, shock, disbelief and denial. However, full emotional impact of the assault may not be felt until the victim is alone, well after initial contact with physicians, police, legal and advocacy groups. During this time, elderly victims must deal with having been violated and possibly infected with sexually transmitted diseases. This is also when the elderly become more acutely aware of their physical vulnerability, reduced resilience and mortality. Fear, anger or depression can be especially severe in elderly victims who are isolated, have no conﬁdant or live on meager incomes. Fear of losing independence as a result of family members learning about the sexual assault can be a strong deterrent to reporting. Recognizing that the offender may be a family member, friend or caretaker is also important.
The Victim with Disabilities
Persons having mental or developmental disabilities may be confused or frightened, unsure of what occurred, or they may not even understand that they have been exploited and are victims of a crime. In sexual assault cases involving victims with mental or developmental disabilities, using anatomically detailed dolls has proven to be a successful means of communication. Only those speciﬁcally trained in their use should use anatomically detailed dolls. In some cases, offenders may be family members, caretakers or friends who inﬂict repeated abuse because their victims are not able to report the crimes against them.
The Male Victim
It is believed that the number of adult male victims of sexual assault who report the crime or seek medical care or counseling represents only a very small percentage of those actually victimized. Although many adult males do not seek medical care unless they also have been seriously injured, male child victims are now being seen at hospitals in increasing numbers. This increase, in large measure, is a direct result of public education and more stringent child abuse reporting laws throughout the nation.
The male victim may have serious concerns regarding his inability to prevent the assault. There also may be confusion about the nature of his role as victim/participant because of a possible involuntary physiological response to the assault, such as stimulation to ejaculation. Male victims need reassurance that they were the victims of a violent crime which was not their fault, and that other sexually assaulted males have survived to function normally in every way.
The Child and Adolescent Victim
Children are not small adults either physiologically or emotionally. Just as the physical examination protocol for children is different from the protocol for adults, the emotional needs of the child are also different. Children require the services of individuals speciﬁcally trained to provide the crisis intervention, medical examination and long-term treatment that will surely be needed as a result of acute sexual assault or chronic sexual abuse.
Adolescents are experiencing a transition from childhood to adulthood and show extremely variable reactions which may be a reflection of their individual developmental stage. There is no typical adolescent victim, and the approach to each is a challenge for even the most experienced practitioner. Acquaintance or “date rape” may be the most under-reported type of sexual assault. Clearly, access to long-term treatment by speciﬁcally trained individuals is essential for all child and adolescent victims.
The Domestic Violence Victim
Sexual assault by a spouse or other familial is a grave indicator of the danger a victim faces and must be taken seriously. Forced sex is a factor in determining the potential for lethality; a woman who is raped by her partner is more likely to die at his hands. Medical personnel must determine whether the victim is a domestic violence victim so proper services and referrals can be provided.
A victim who has been sexually assaulted by a partner has likely been suffering other forms of violence during the relationship. Many victims keep physical, emotional and sexual abuse hidden from friends and family members for numerous reasons: many religions and cultures prohibit divorce, the victim believes that the abuse is deserved or does not realize a crime has been committed, the victim has no support system, the victim is ﬁnancially dependent upon the abuser, or the victim fears the abuser will harm or take the children.
The Homosexual Victim
Homosexual male and lesbian victims are often reluctant to seek services for a number of reasons. There is concern of encountering barriers of prejudice or homophobia, as well as fears that the assault will not be taken seriously or even perceived as a crime. Many times the homosexual community in a given area is small; this results in limited access to qualiﬁed service providers, and the fear that the entire community will ﬁnd out about the attack. Another consideration is that the victim’s family, friends or co-workers may not be aware of the victim’s sexual orientation. Fears of ostracism by peers and family can be more traumatizing for the victim than the attack.
Bisexual and transgender victims are also at high risk for encountering prejudice and ridicule as a result of reporting sexual assault. Recognizing that sexual assault is always a crime and knowing appropriate referrals for victims who are not heterosexual is essential for all involved.
Victimization Involving Alcohol/ Drugs
Alcohol is the drug most frequently used to facilitate sexual assault. Victims often believe that because they voluntarily consumed alcohol, ecstasy or some other drug, they are to blame for the assault. It is important to understand that intoxication and the resulting diminished abilities are not causes of sexual assault; they are tools used to aid in commission of this crime.
Victims who have ingested a drug or combination of drugs may not be aware that they have been sexually assaulted. Victims may experience unexplainable soreness or injuries or a disheveled appearance. Events described as “dreamlike” or that cannot be remembered at all are strong indicators that toxicology screens are warranted and should be discussed.
Victim Reactions to Sexual Assault
After a sexual assault, victims can experience a range of responses. However, some patterns are especially common. Some victims report that they have repeated and frequent memories of the sexual assault that intrude on their thoughts and cannot be controlled; flashbacks, or a feeling as if they are reliving the sexual assault; nightmares; and difficulty sleeping. In addition, sexual assault victims may experience feelings of being “on edge,” having trouble concentrating, feeling the need to continually watch over their shoulder, or being easily startled (for example, jumping at the sound of someone’s voice from behind). Victims also report that they tend to avoid reminders of the sexual assault, including avoiding places that may resemble the place where they were assaulted; may feel less interested in things that they used to enjoy; and may feel emotionally numb. Victims may also withdraw from social interaction or settings. When these problems persist and disrupt daily life, mental health professionals call this group of symptoms posttraumatic stress disorder (PTSD).
In addition to PTSD, sexual assault victims frequently find that they feel depressed and hopeless about the future, which can lead to thoughts about suicide. Many victims also report that they feel like the sexual assault was somehow “their fault,” resulting in feelings of self-blame and self-doubt. Frequently, sexual assault victims also say that they feel generally unsafe and often have difficulties with trust and intimacy. It is also common for sexual assault victims to have questions about their physical health and develop problems related to their sexual functioning. Lastly, sexual assault victims may resort to using drugs or alcohol to cope with their symptoms.
Women who become victims of sexual assault typically experience the victimization as a traumatic event. There are common reactions to this kind of trauma or shock; but at the same time, each woman responds in her own unique way.
- Fear responses: The most common victim reaction to sexual assault is fear. At the time of the assault, most victims have an overwhelming experience is fear — of being physically injured (beaten, cut, shot, etc.) or even of being killed. Fear responses associated with the assault (to certain sights, sounds, smells, thoughts, etc.) can persists for weeks, months, or even years. Victims who have been assaulted typically avoid anything which reminds them of the assault (places, situations, people, etc.). Some men and women become so fearful that they greatly restrict their activities, even to the point that they are unable to leave their homes or to be left alone.
- Losing control: After experiencing a sexual assault, many men and women fear that they are losing control over their lives. They have been forced to participate in an act that was against their wills. They lost control over their lives at the time of the assault, and this feeling of loss of control may continue after the assault.
- Flashbacks: Victims may re-experience the assault over and over again in their thoughts and/or in their dreams. When this happens, it is almost as though the assault is actually occurring again. This reexperience of the event is called a flashback.
- Trouble concentrating: Sexual assault victims may find that they have trouble concentrating on things. It is as though they cannot keep their minds on what they are doing. This is can be frustrating and add to the sense of loss of control.
- Guilty feelings: The most common source of guilty feelings are the result of self-blame. The victims tells him- or herself such things as, “I should not have been out that late,” or “I should have been dressed differently,” or “If I had been more careful about locking the door, this would not have happened.” Sexual assault victims may also feel guilty about what they had to in order to survive the assault, such as activities the victim felt he or she had to engage in in an effort to save him- or herself from serious physical harm or even death. In some instances, guilty feelings result from the fact that others may have been seriously harmed more than the victim herself. This is referred to as survivor’s guilt.
- Feeling “dirty”: Self-image frequently suffers as a result of the assault. Many victims report feeling “dirty” and may take frequent showers in an effort to feel clean.
- Depression: Another common reaction to sexual assault is a sense of sadness or depression. There may be feelings of hopelessness and despair, frequent crying spells, and sometimes even thoughts of suicide. A loss of interest in activities and things that previously were enjoyable often accompanies these feelings of sadness and despair. Nothing seems like it is fun anymore.
- Disrupted relationships: It is not unusual to see a disruption in relationships with others after a sexual assault. This is, in part, a result of the withdrawn behavior that frequently accompanies sadness and depression. The victim may also feel embarrassment and ashamed about what happened to them. However, the support of friends and family plays a vitally important role in the victim’s recovery from the trauma of sexual assault.
- Loss of interest in sex: After an assault it is not unusual for the victim to experience a significant loss of interest in sexual relations. It is understandable that sexual assault trauma would lead to an avoidance of sexual activity. There may be other factors involved, however. For instance, it is very common for people who are depressed to experience a decrease in libido or sexual drive.
Sexual Paraphilias (Sexual Deviations)
Definition: Receiving Sexual Arousal or Gratification in Response to Objects, Situations, and/or Non-Consenting Partners
Sexual paraphilias are commonly referred to as “sexual deviations”. There are four of these disorders, 1) sexual dysfunctions, 2) paraphilias, 3) gender identity disorders, and 4) sexual disorder not otherwise specified.
The essential feature of a paraphiliac disorder is reoccurring sexual urges and sexually arousing fantasies generally involving: (1) Non-human objects, (2) the suffering or humiliation of oneselfor one’s partner (not merely simulated), or (3) children or other nonconsenting partners.
For some individuals with a paraphilia, the paraphiliac fantasies or stimuli may always benecessary for erotic arousal and are always included in the individual’s sexual activity (including criminal activity).
In others, it occurs only episodically, i.e. during periods of stress. At other times, the person canfunction sexually without the paraphiliac fantasy or stimuli. In some instances, the paraphiliacbehavior may become the major sexual activity in this person’s life.
It is commonly accepted that when an individual is identified as having one paraphilia, there areat least one or more additional paraphilias. These individuals rarely seek treatment on their own; usually they come to the attention of mental health professionals only when their behavior has brought them into conflict with sexual partners or society (i.e. they get arrested for criminal behavior).
Any or all of the paraphilias may be exhibited by an offender during a sexual assault of a victim (adult or child). The following is a comparison of the recognized sexual paraphilias to criminal conduct:
|False imprisonment, assault.
The exposure of one’s genitals to a stranger.
Disorderly (lewd) conduct.
Nonliving objects (fetishes). The individual frequently masturbates while holding, rubbing or smelling the object or asks his partner to wear the object.
|Burglary, theft, rape.
Touching or rubbing against a nonconsenting (or unknowing) partner.
|Assault, battery, sexual battery.
Producing sexual excitement by mechanical or chemical asphyxiation (hypoxia).
|Accidental death, involuntary manslaughter.
Cutting, alteration, branding, infusion of the genitals (one’s own or another’s)
|Assault with a deadly weapon, kidnapping, sexual battery, mayhem.
|Penetration by foreign object.
The person is aroused by being humiliated, beaten, bound, or otherwise made to suffer.
|Disorderly conduct; prostitution.
Sexual arousal with corpses.
|Burglary, unauthorized mutilation, theft.
Exclusive focus on part of a body (living).
|Sexual battery, assault, assault with a deadly weapon.
Sexual attraction to another who is legally a child (prepubescent child).
|Rape, lewd or lascivious acts with a child, oral copulation, penetration by foreign object, sodomy, annoying children, child pornography, kidnapping.
Piercing of the body.
|Assault with a deadly weapon, sexual battery, mayhem, tattooing.
Receiving sexual arousal or gratification inresponse to another’s suffering (physical orpsychological).
|Rape, oral copulation, sodomy, penetration by foreign object, assault with a deadly weapon, kidnapping, murder.
Talking lewdly, on the telephone, usually to strangers.
|Obscene phone calls.
Cross-dressing, wearing the clothing of the opposite sex.
|Disorderly conduct, prostitution, theft, burglary, robbery.
|Assault, false imprisonment.
Observing unsuspecting people who are naked or engaging in sexual activity.
|Disorderly conduct; “peeping” and prowling.
|Sexually assaulting an animal.
Texas law covers a long list of sex crimes, from rape and sexual assault to statutory rape and indecent exposure. They are all serious offenses, but among the most serious is involuntary deviate sexual intercourse. Similar to rape, it’s a crime centered around forcible sexual intercourse. Penalties can be severe, especially if a child is involved.
If you are facing involuntary deviate sexual intercourse charges in the Houston area, contact Houston Lawyer Charles Johnson, an experienced involuntary deviate sexual intercourse defense attorney in Texas. Call today. It is important to start working on your defense right away.
We Defend All Sex Crime Charges
Our sexual assault defense practice helps people charged with, but not limited to:
- Child molestation, possession of child pornography, sexual assault
- Statutory rape, sodomy, rape
- Deviant sexual assault, sexual misconduct, enticement of minors
A conviction can mean jail or prison time as well as thousands of dollars of fines. A conviction can also require lifetime registration as a sexual offender. These sex offender registrations are open to the public including family members and employers. Failure to register as a sex offender can result in new convictions and incarceration.
Through training and experience we have a unique view and ability to handle theses types of cases. These types of cases have unique and special rules that other types of cases do not. We have experience to deal with those issues such as:
- Special hearsay rules for child witnesses
- Dealing with forensic interviews by law enforcement or therapists.
- Interpreting clinical medical exams such as SAFE exams.
- Obtaining and using evidence of prior instances of abuse from state agencies.
- Dealing with the child witness on the witness stand.
No matter what type of sex crime you are charged with, we will respect your dignity and work to protect your reputation.
Hire the Best Sexual Assault Lawyer: Houston Criminal Lawyer Charles Johnson
Sexual Assault is a serious, life-changing event and allegation, which is why the courts take the claims so seriously. However, too frequently, there is a lack of evidence and witnesses that helps the criminal defense attorney working for the defendant to win the case. A defendant may sometimes avoid prosecution and punishment simply by just claiming a rape, molestation, attempted rape or other sexual assault act never happened.
Sometimes the prosecutor’s office is so inundated with cases that your personal case may not receive the attention it deserves. With extensive expertise in the area of sexual assault, good criminal defense lawyers are in a unique position to predict the probable legal maneuvers of the defendant’s lawyers and to address and challenge those maneuvers before they become an issue or a possible way for the defense lawyers to win their client’s case.
For this reason it is an extremely smart idea to hire the best criminal defense attorney to ensure your case is given the time and importance it should have. Contact Houston Lawyer Charles Johnson directly at (713) 222-7577 now to discuss your case. He is available around the clock to take your call.
Download “Charged with Sexual Assault? Protect Your Future With the Leading Houston Sex Crimes Lawyer” in PDF Format
Related News Stories – Sexual Assault Arrests in Houston, Texas
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, types of criminal charges
Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.
Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.
It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.
Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.
Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.
Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.
Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.
The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.
Indecency with a Child
The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.
Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact if:
With a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.
Sexual contact means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.
Why do these details matter?
Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.
The fundamental principle of the Constitution is that it shouldn’t matter what you‘re charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.
Aggravated Sexual Assault of a Child
Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.
In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;
(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;
(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;
A person can still be prosecuted for aggravated sexual assault of a child if the actor:
1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
4. uses or exhibits a deadly weapon in the course of the same criminal episode;
5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.
The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).
The law as it appears in the statute
Tex. Penal Code ß 22.021. Aggravated Sexual Assault
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(iii) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is an elderly individual or a disabled individual.
(b) In this section:
(1) “Child” has the meaning assigned by Section 22.011(c).
(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:
(1) the victim of the offense is younger than six years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).
What makes a Sexual Assault of a Child Charge “Aggravated?”
The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.
What is Indecency with a Child?
Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)
Does the Age of the Accused Matter?
It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.
What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?
The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.
How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?
Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.
Does Possession of Child Pornography Violate Both State and Federal Law?
Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.
How Can I Defend Myself Against an Accusation of Possession of Child Pornography?
In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.
Laws in Texas Regarding Sexual Assault of a Child
Child sexual assault is a serious criminal offense in Texas.
Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.
Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This includes “fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution and any other sexual conduct harmful to a child’s mental, emotional or physical welfare,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.
Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)
Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.
Longer Prison Terms
A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.
Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.
Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.
Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson
- In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
- In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
- In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
- In Texas, neither genital trauma nor DNA evidence is required for a conviction.
- In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
- In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.
With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.
If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.
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Numerous states have undertaken a revision of their rape and sexual assault laws, creating a broad set of sexually related crimes. These crimes are frequently referred to collectively as sexual assault, criminal sexual conduct or sexual abuse. The chief characteristic of these laws is that they prohibit doing any kind of sexual act with an additional person against that person’s will. Usually, it isn’t necessary to show physical resistance on the part of the victim, only that the victim did not consent to the act. When you have been accused of sexual assault, seek the guidance of the Recommended Best Houston Sexual Assault Lawyer at the Charles Johnson Law Firm in Houston, TX.
The contemporary trend is to make the laws against sexual assault gender neutral so that they apply to acts by and against both men and women. Probably the most severe types of sexual assault are those committed against kids or those that involve the use of violence.
Is Sexual Assault exactly the same as Rape?
The traditional definition of rape demands an act of sexual intercourse or sexual penetration by force or against the victim’s will. Sexual assault includes contact like sexual touching. These definitions, however, vary by jurisdiction.
The majority of sexual assault allegations are made by someone who knows the accused. When a sexual act is done with a minor who seemingly consented, criminal charges might arise because minors are not regarded as capable of giving consent.
The seriousness of a sexual assault charge, as well as the penalty that is imposed, may depend upon the amount and kind of force used by the defendant and also the injuries suffered by the victim. The victim’s physical resistance isn’t a main factor in deciding the severity of the charge. Sexual assault charges are frequently felony charges, even though some types of sexual assaults might be misdemeanors.
The penalties for sexual assault are severe and consist of prison or jail, monetary fines, psychiatric evaluation and treatment, and restitution payments to the victim. A person convicted of sexual assault may be forced to register as a sex offender for the rest of his or her life and have his or her name appear on the public registry of sex offenders.
Prosecution and Defense of Sexual Assault Cases
Generally, the only witnesses to an alleged sexual assault are the victim and also the individual accused. Many cases thus turn out to be “he said/she said” kinds of cases, in which one particular person’s word is pitted against another’s. False allegations have been made by each adults and kids. An adequate defense against a sexual assault charge demands sufficient info and rigorous advocacy. Houston Sexual Assault Lawyer Charles Johnson will go to war to defend your rights.
Hire the Recommended Houston Sexual Assault Attorney!
Sexual assault includes numerous types of sexual acts carried out with out the consent of the victim. These cases often don’t involve eyewitnesses and, as a result, are complex. Being convicted of sexual assault can result in lengthy prison time and social isolation once you are released. If you’re facing sexual assault charges, speak with the skilled and aggressive Houston Criminal Defense Attorney Charles Johnson. He is available around the clock to answer any questions you may have regarding your case.
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Degrees of assault are defined according to state laws. Legal guidelines range by state, but generally, assault in the first degree is defined as when a person:
- With intent to cause significant bodily injury to another individual, s/he causes serious bodily injury to any person by means of a deadly weapon or perhaps a dangerous instrument; or
- With intent to disfigure another person very seriously and permanently, or to destroy, amputate or disable permanently a member or organ of their body, he or she causes this kind of an injury to any individual; or
- Under situations manifesting severe indifference to the value of human life, he or she recklessly engages in conduct that creates a grave possibility of death to another person, and thus brings about severe physical injuries to any person; or
- In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the 1st degree, kidnapping in the first degree, rape in the 1st degree, robbery in any type of degree, sodomy in the 1st degree or some other felony plainly dangerous to human life, or of immediate flight therefrom, s/he causes a significant bodily injury to another individual; or
- While driving under the influence of alcohol or perhaps a controlled substance he or she causes significant bodily injury to the individual of another with a motor vehicle.
Second degree assault could perhaps involve intentional or reckless severe bodily damage to another person, or physical damage to any individual by means of a lethal weapon or perhaps a dangerous instrument. It could possibly involve interfering with a law enforcement officer, emergency responder, or teacher, while performing their responsibilities. If the injury sustained is a lot less significant, it might possibly be classified as assault of a lesser degree, that include “simple assault”.
The following is an example of a state statute governing simple assault:
Simple Assault. A person is guilty of assault if he or she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injuries to another with a lethal weapon; or
- Attempts by physical menace to put an additional in fear of imminent significant bodily injuries.
- Simple assault is known as a disorderly persons criminal offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons criminal offense.”
Houston Assault & Battery Defense Attorney: The Charles Johnson Law Office
At the Charles Johnson Law Office, our criminal defense lawyer has been defending individuals against charges of criminal assault, domestic abuse, and restraining orders violations for more than a decade. In the event you have been accused of assault, get in touch with our firm to schedule a consultation with an experienced criminal defense attorney. Contact us at 713-222-7577 or toll free at 877-308-0100.
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