Indecent assault, a serious offense involving non-consensual sexual contact, carries severe consequences in Texas if convicted, including potential jail time and fines.

If you are facing accusations of indecent assault or other sex crimes in Texas, it's crucial to know your rights. Reach out to Cofer & Connelly, PLLC for a consultation with an experienced indecent assault attorney by calling (512) 991-0576 or connect with us online.

What is Considered Indecent Assault in Texas?

In Texas, the law defines indecent assault under Texas Statutes Section 22.012 in a manner that encompasses a range of non-consensual behaviors with a sexual undertone. To understand what constitutes indecent assault in Texas, it's essential to consider several key components outlined in the law.

Defining Physical Contact

First, the nature of the physical contact is central to defining indecent assault. The law specifies certain body parts, including the anus, breast, or genitals. If you touch another person's anus, breast, or any part of their genitals without their consent, this is considered indecent assault. This kind of physical contact is seen as inherently sexual, and doing so without consent crosses a legal boundary. Furthermore, if you use your own intimate body parts - specifically your anus, breast, or any part of your genitals - to touch another person, this too falls under the legal definition of indecent assault. The law here recognizes that the contact, particularly when involving these specific body parts, is likely to be viewed as sexual in nature.

Cases Involving Exposure

Secondly, indecent assault isn't limited to direct physical contact. The law extends to actions where you expose or attempt to expose another person's intimate areas - namely their genitals, pubic area, anus, buttocks, or, in the case of females, the areola. This part of the law addresses situations where someone is forced or coerced into revealing these areas or where they are exposed to others without their consent. This exposure is deemed as an assault on their decency and privacy.

Another aspect covered by the law is causing another person to come into contact with certain bodily fluids, which include seminal fluid, blood, saliva, vaginal fluid, feces, or urine. Forcing the contact is seen as a violation of personal boundaries and is categorized as indecent assault.

Is Consent a Factor in Indecent Assault?

A major element in all these actions is the absence of consent from the other party. Consent, or rather the lack of it, is what distinguishes an act as indecent assault under Texas law. Additionally, the intent behind these actions is a determining factor. For an act to be classified as indecent assault, it must be performed with the intent to arouse or gratify the sexual desire of any person. This intent aspect is important because it differentiates indecent assault from other forms of physical contact that might not have a sexual motive.

Penalties for Indecent Assault in Texas

Indecent assault is classified as a Class A misdemeanor under Texas law. As a Class A misdemeanor, the maximum penalty you can face for a first-time offense of indecent assault is up to one year in jail. Additionally, there may be a fine of up to $4,000. It's important to note that these are the maximum penalties, and the actual sentence can vary depending on the circumstances of the case and the decision of the court. If you are a repeat or habitual offender, the penalties can become more severe. Also, being charged for indecent assault does not preclude you from being charged with other forms of assault.

In some cases, alternatives to incarceration may be possible. These alternatives can include probation, community service, or mandatory participation in rehabilitation or educational programs. These options are typically considered based on various factors, including the nature of the offense, your criminal history, and any mitigating circumstances in your case.

Potential Defenses to Indecent Assault Charges

In facing charges of indecent assault under Texas law, you have several potential defenses that can be used. One common defense is the argument of consent. If you can demonstrate that the other person involved in the incident gave their consent to the actions that took place, this could serve as a strong defense. It's important to remember that consent must be clear and unmistakable.

Another potential defense is the lack of intent to arouse or gratify sexual desire. Since the law requires that the act must be committed with the intent to arouse or gratify sexual desire, proving that your actions lacked this intent could be key to your defense. This might involve showing that the contact was accidental or had a non-sexual purpose.

Mistaken belief in consent can also be a defense. If you reasonably believed that the other person consented to the contact, this might mitigate the charges. However, this defense can be complex, as it involves proving that your belief in their consent was reasonable under the circumstances.

False accusations are another defense that can be used. This involves proving that the allegations against you are untrue. This might be done through witness testimony, alibis, or inconsistencies in the accuser's story.

Lastly, it is the prosecution’s job to prove that you’re guilty beyond a reasonable doubt. If the evidence against you is weak or lacks credibility, your case could be thrown out or your charges could be reduced.

Role of an Indecent Assault Lawyer in Austin

As a defendant in an indecent assault case, your criminal defense lawyer plays an important role. They are your legal representative, ensuring you fully understand your rights and the charges you face. They carefully analyze the evidence, identifying any weaknesses in the prosecution's case while also gathering evidence to bolster your defense.

Your lawyer is also tasked with negotiating with prosecutors. This might involve working towards a plea deal or advocating for lesser charges, depending on what serves your best interest. In the courtroom, your lawyer is your voice, presenting your defense case. They challenge the prosecution's evidence and argue for your innocence or reduced liability. Their experience with legal strategies and deep understanding of criminal law helps them to advocate for your rights and the best possible outcome in your case.

Frequently Asked Questions about Indecent Assault

What is considered indecent assault?
Indecent assault involves non-consensual sexual contact, including touching intimate parts or causing someone to contact bodily fluids.

Does intent matter in indecent assault cases?
Yes, the intent to arouse or gratify sexual desire is essential for an act to be considered indecent assault.

Can I be charged if the contact was accidental?
Accidental contact not intended to sexually arouse or gratify typically does not constitute indecent assault.

What if the other person gave consent?
Consent is a key defense; if the other person consented, it might not be considered indecent assault.

Are there any defenses against indecent assault charges?
Some defenses could include consent, lack of sexual intent, mistaken belief in consent, false accusations, and insufficient evidence.

What are the penalties for indecent assault in Texas?
As a Class A misdemeanor, it can lead to up to 1 year in jail and a $4,000 fine.

Can previous offenses affect my case?
Yes, previous criminal history can influence the severity of the sentencing.

What if the alleged victim is lying?
False accusation is a valid defense, and evidence proving this can be important.

Does it matter how I touched the other person?
The specific manner of contact can be relevant, especially in establishing intent and consent.

Can I be charged if I didn’t know it was illegal?
Lack of knowledge of the law is typically not a valid defense in indecent assault cases.

Contact Our Austin Indecent Assault Lawyers

If you're accused of indecent assault or another sex crime in Texas, understanding your legal rights is essential. Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with an indecent assault lawyer. Our team is here to help you get through this challenging time.