Have you or a loved one been blindsided by allegations of sexual assault? Unfortunately, such allegations are made every day, sometimes falsely. If you are facing possible charges for this crime, it is important that you have an understanding of sexual assault charges, especially in the State of Texas which takes this and all violent crimes very seriously. Read on to learn some basic information about sexual assault charges in Texas.

The US Department of Justice defines sexual assault as “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.” Chapter 22 of the Texas Penal Code outlines in detail the various acts of sexual assault under the law in the state of Texas.


“(1)  the person intentionally or knowingly:

  •  causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  • causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  • 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.”

~ from Texas Penal Code Ch 22.011

While an assault charge can be levied against an individual for any act that resulted in physical/bodily injury as well as any threats that caused someone to fear imminent harm, the more specific crime of sexual assault involves coercion or forcible sexual intercourse (i.e., rape). 

In many sexual assault cases in Texas, reports made by scorned lovers, bitter family members, or even children are what lead to arrests–in fact, the majority of sexual assault cases reported to law enforcement have no accompanying evidence. This results in situations of “he said/she said” and cases being prosecuted based almost entirely on such personal statements from the accuser against the accused. This often results in people being convicted of sexual assault based on such accounts rather than more compelling evidence. To defend against false allegations of sexual assault, the best course to take is to secure the services of an experienced professional attorney.

You need an experienced sexual assault attorney to represent you if you have been accused of and charged with the crime of sexual assault in Texas. Brian Erskine of Erskine Law is the professional attorney to call in Austin, Texas, or the surrounding area for help with your sexual assault case. Mr. Erskine has a history of successfully litigating sexual assault cases. He is dedicated to fighting to preserve individual rights, especially when someone has been falsely accused of a major, heinous crime such as sexual assault. Brain Erskine has the experience, competence, and compassion to defend you against such serious charges. If you have been arrested and charged with sexual Assault and need a sexual assault attorney now, contact the reputable counsel at Erskine Law online at any time or by phone at 512-359-3030.