Sexual conduct laws in Austin can be complicated, and knowing where you stand legally can help you make informed decisions in a criminal case. Below, Cofer & Connelly, PLLC explains the main differences between non-criminal and criminal sexual conduct in Texas and what it means for someone charged with a sex crime.
What is Non-Criminal Sexual Conduct?
Non-criminal sexual conduct refers to sexual behavior that is legal and consensual between adults. This includes actions where all parties involved are of legal age and give their consent without any form of coercion, force, or manipulation. Some examples of non-criminal sexual conduct include consensual sexual activities between adults, actions that do not involve minors, and conduct where all parties have the capacity to give consent. In Texas, the age of consent is 17. This means that individuals who are 17 or older can legally consent to sexual activities.
What is Criminal Sexual Conduct?
Criminal sexual conduct involves any sexual behavior that violates Texas laws. This can include a wide range of actions, from indecent exposure to sexual assault. Indecent exposure refers to exposing your private parts in public with the intention of arousing or gratifying sexual desire. This is a misdemeanor but can carry serious consequences, especially if done in front of minors. Sexual assault involves engaging in non-consensual sexual activity with another person. This includes any form of penetration without consent and is often considered a felony in Texas. Aggravated sexual assault is similar to sexual assault but involves additional factors such as the use of a weapon, causing serious bodily injury, or targeting a vulnerable person like a child or elderly individual. Indecency with a child involves sexual contact or exposure to a minor under the age of 17. This is a felony and carries severe penalties. Public lewdness involves engaging in sexual acts in public places where others might see. This is usually a misdemeanor but can lead to more serious charges if minors are involved.
The Importance of Consent in Sex Crime Cases
Consent plays a critical role in distinguishing between non-criminal and criminal sexual conduct. For sexual conduct to be non-criminal, all parties must give their clear and voluntary agreement to engage in the activity. Consent must be informed, which means that all parties understand what they are consenting to, and it must be given freely, without any form of pressure or coercion.
In cases where consent is not given, or where one party is unable to give consent, the sexual conduct can be considered criminal. This includes situations where the individual is unconscious, under the influence of drugs or alcohol, or otherwise unable to make a conscious decision. Additionally, consent cannot be given by minors, individuals with certain mental disabilities, or those who are under the legal age of consent.
Legal Consequences of Criminal Sexual Conduct
If you are charged with criminal sexual conduct in Texas, the consequences can be severe. The penalties for these crimes vary depending on the specific charges and circumstances but can include hefty fines, lengthy prison sentences, and mandatory registration as a sex offender.
Indecent exposure, for instance, can result in fines and jail time, especially if there are repeat offenses or if the act was committed in front of a minor. Sexual assault and aggravated sexual assault carry much harsher penalties, including long-term imprisonment, substantial fines, and lifelong registration as a sex offender, which can severely impact your personal and professional life.
Defending Against Sex Crime Charges
If you are facing charges of criminal sexual conduct, it's important to understand your legal rights and options. A strong defense can make a significant difference in the outcome of your case. Some common defenses include challenging the evidence presented, questioning the credibility of witnesses, and demonstrating that the sexual activity was consensual.
In some cases, you might also argue that you were falsely accused or that the charges are based on a misunderstanding. It's crucial to gather all relevant evidence, including any communication between you and the alleged victim, witness statements, and any other information that might support your defense.
The Role of a Criminal Defense Lawyer
Facing the legal system on your own can be overwhelming, especially when facing serious charges. A skilled criminal defense lawyer can help you understand the charges against you, develop a strong defense strategy, and advocate on your behalf in court.
Your lawyer will work to protect your rights, challenge the prosecution's case, and seek the best possible outcome for your situation. This might include negotiating plea deals, seeking to have charges reduced or dismissed, and representing you in court.
Contact An Austin Criminal Sexual Conduct Lawyer
If you are facing any type of charges for criminal sexual conduct in Austin, Texas, it's essential to seek legal help as soon as possible. The consequences of a conviction can be life-altering, so having a knowledgeable defense lawyer on your side is crucial.
The Austin criminal defense lawyers at Cofer & Connelly, PLLC are here for those who are charged with sex crimes. Get in touch with us for a consultation regarding your legal rights and options. Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online.