Austin Sexual Coercion Lawyers

Facing a sexual coercion charge can be challenging. This offense involves using threats to gain sexual favors, intimate images, or financial advantages from someone. The consequences of a conviction are severe, including long periods in jail and hefty fines. But what can you do if you find yourself accused? It’s crucial to grasp not only the nature of the allegations but also the strong defenses you might have at your disposal. 

If you’ve been arrested for sexual coercion, it's crucial to act quickly. Cofer & Connelly, PLLC can help you understand your legal rights and options. Don't face these serious charges alone; reach out today to get the support you need.

Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with a sexual coercion attorney in Austin, TX.

What is Sexual Coercion?

Sexual coercion, as defined by Texas Penal Code Section 21.18, involves threatening someone to gain sexual benefits, intimate visual material, or any other valuable thing. For a prosecutor to convict someone of sexual coercion, they must prove the person made threats. These threats could involve crimes like trafficking, continuous sexual abuse of a child, indecent exposure, indecency with a child, improper relationship between educator and student, invasive visual recording, unlawful disclosure or promotion of intimate visual material, voyeurism, sexual assault, or aggravated sexual assault.

Prosecutors need to show that the threats were intentional and made to get something in return. It doesn’t matter how the threat was communicated—whether in person, through a phone call, email, social media, or other electronic means. The main point is that the threat was used to coerce someone into giving something valuable, either sexual acts or visual material.

What Are the Penalties for Sexual Coercion in Texas?

In Texas, sexual coercion carries serious penalties. The basic level of the offense is a state jail felony. If convicted of a state jail felony, you could face between 180 days and 2 years in a state jail. Additionally, you might have to pay a fine of up to $10,000.

If you have a prior conviction for sexual coercion, the penalty increases. A repeat offense upgrades the charge to a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine. 

If you are convicted of sexual coercion, there may be non-jail options available, such as community supervision. Community supervision, often called probation, allows you to live in the community under specific conditions instead of serving time in jail. These conditions may include attending counseling, performing community service, and regularly checking in with a probation officer.

Additionally, a sexual coercion conviction can result in mandatory registration as a sex offender, which involves ongoing reporting requirements and can significantly impact your daily life and future opportunities.

What is the Criminal Process for Sexual Coercion Charges?

If you are investigated or charged with sexual coercion in Texas, the process begins with an investigation by law enforcement. This may include interviewing witnesses, collecting evidence, and possibly arresting you. Once arrested, you will be booked, and charges will be filed. At your first court appearance, known as an arraignment, you will hear the charges against you and enter a plea of guilty, not guilty, or no contest.

If you plead not guilty, the case moves to the pretrial stage, where both sides exchange evidence and may negotiate a plea deal. If no deal is reached, the case goes to trial. During the trial, both the prosecution and defense will present their cases, call witnesses, and provide evidence. The judge or jury will then decide whether you are guilty or not guilty.

If found guilty, you will move to the sentencing phase, where the judge will determine your punishment based on various factors, including the severity of the offense and your criminal history. Throughout this process, it is crucial to have experienced sex crime defense lawyers in your corner protecting your rights.

Potential Defenses in Sexual Coercion Charges in Texas

Facing charges of sexual coercion can be daunting, but there are several defenses you might consider. One key defense is lack of intent. For a conviction, the prosecution must prove that you intentionally threatened to commit one of the listed offenses. If you can show that your actions were not intentional or that your words were taken out of context, this could be a strong defense.

Another defense involves the nature of the threat. The law covers threats made through various means, including electronic communications. If the threat was not communicated in a manner covered by the law, this could be a point in your favor. You might argue that the threat was made jokingly or without any real intention of following through.

Moreover, consent might be a defense, particularly in cases involving intimate visual material or sexual conduct. If the other party consented to the acts or material involved, this could significantly weaken the prosecution's case.

Finally, the prosecution needs solid evidence to prove their case. If the evidence is weak, inconsistent, or obtained unlawfully, you can argue that it should not be used against you. This might include questioning the reliability of witnesses or the legality of how evidence was collected.

How Can a Sexual Coercion Defense Lawyer Help Your Case?

A criminal defense lawyer plays a crucial role when you are charged with sexual coercion. They help you understand the charges against you and explain your rights. They will review the evidence the prosecution has and identify any weaknesses or inconsistencies.

Your lawyer will also handle all the legal paperwork and court procedures, ensuring that everything is filed correctly and on time. They will communicate with the prosecution to negotiate possible plea deals or reduced charges.

In court, your lawyer will present your defense, questioning witnesses, and challenging the prosecution's evidence. They will argue on your behalf, aiming to create reasonable doubt about your guilt.

Throughout the process, your lawyer provides guidance and support, helping you make informed decisions about your case. Their goal is to achieve the best possible outcome for you, whether that means a dismissal, a not-guilty verdict, or a favorable plea agreement.

Frequently Asked Questions

• What is sexual coercion? Sexual coercion is threatening someone to get sexual benefits, intimate visual material, or money.
• What are some examples of threats? Threats can be made through email, social media, chat rooms, or other electronic means.
• What is "intimate visual material"? It includes private images or videos as described in the law.
• What does "sexual conduct" mean? It refers to sexual acts that cause arousal or gratification.
• What happens if you threaten to commit another crime for benefits? Threatening to commit crimes like sexual assault or trafficking for benefits also counts as sexual coercion.
• How serious is a state jail felony? It can lead to up to two years in a state jail and a fine.
• Can prior convictions affect your charges? Yes, prior convictions can increase the charge to a third-degree felony.
• What should you do if charged with sexual coercion? Contact a criminal defense lawyer immediately to understand your rights and options.