Sexual Assault Criminal Defense Attorney in San Antonio, Texas

In Texas, the offense of sexual assault is defined as the intentional or knowing penetration of the anus or sexual organ of another person by any means, without that person's consent. This can include vaginal or anal penetration with a body part or object, as well as oral sex. The key aspect of the offense is the lack of consent, which can be indicated by a number of factors, including if the victim is incapacitated, if the victim is threatened or coerced, or if the victim is physically or mentally unable to resist.

Consent in Texas

The key aspect of the offense is the lack of consent, which can be indicated by a number of factors. In this article, we will discuss several ways in which the law defines sexual assault as being "without consent."

One way that a sexual assault can be considered "without consent" is if the victim is incapacitated. This can include situations in which the victim is unconscious, asleep, or otherwise unable to give clear and willing consent due to the influence of drugs or alcohol. Additionally, a person who is under the influence of a controlled substance that renders them unconscious or unable to resist, or incapacitated by any other means, is considered unable to give consent.

Another way that a sexual assault can be considered "without consent" is if the victim is threatened or coerced into sexual activity. This can include situations in which the offender uses physical or verbal threats to force the victim into sexual activity, or uses manipulation or other forms of pressure to get the victim to comply.

One of the know forms of being without consent involved actual violence. Sexual assault can be considered "without consent" is if the actor compels the other person to submit or participate by the use of physical force, violence, or coercion.

The statute lists many other ways when the offense is considered “without consent”, including if:

(1)  the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;

(2)  the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;

(3)  the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5)  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6)  the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7)  the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8)  the actor is a public servant who coerces the other person to submit or participate;

(9)  the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;

(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code;

(12)  the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor;

(13)  the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or

(14)  the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor.

Defenses to Sexual Assault in Texas

Sexual assault is a serious crime in Texas, and a conviction for this offense can result in severe legal and personal consequences. However, just because someone is accused of sexual assault does not necessarily mean that they are guilty. There are a number of defenses that can be used to fight a sexual assault charge.

One of the most common defenses to a sexual assault charge is consent. Consent is a legal term that refers to a freely given agreement to engage in sexual activity. In Texas, if the alleged victim consented to the sexual activity, then the accused cannot be found guilty of sexual assault. However, it is important to note that consent cannot be given by someone who is incapacitated, such as someone who is unconscious, under the influence of drugs or alcohol, or who has a mental or developmental disability.

The defense of consent can be complex and requires a thorough understanding of the facts of the case, as well as a thorough examination of the evidence. It is crucial for the defendant to have an experienced criminal defense attorney that can help them build a strong defense based on consent.

Another common defense to sexual assault is an alibi. An alibi is a defense that an accused person was not present at the scene of the crime at the time it occurred. In order to establish an alibi, the accused person must provide evidence to support their claim that they were somewhere else at the time of the alleged assault. This evidence can include things like witness testimony, video surveillance, or other forms of physical evidence.

The defense of alibi can be difficult to establish, as it requires the accused person to prove that they were not present at the scene of the crime. However, if an accused person can provide clear and convincing evidence of an alibi, it can be an effective defense against a sexual assault charge.

It is important to note that defenses can vary depending on the specific case, and other defenses may be more suitable depending on the facts of the case.

If you or someone you know has been accused of sexual assault in Texas, it is important to seek the guidance of an experienced criminal defense attorney who can help you understand your rights, the potential consequences of a conviction, and the different defenses that may be available in your case. A good attorney will conduct a thorough investigation, gather evidence and interview witnesses to help you build a strong defense and defend your rights.

Sexual Assault Attorney Brad Thornton

If you have been charged with sexual assault in San Antonio, Texas, it is crucial that you seek the guidance of a highly qualified criminal defense attorney as soon as possible. One attorney that you may consider consulting with is Brad Thornton, who is one of the best sexual assault criminal defense attorneys in San Antonio, Texas.

One of the reasons why you should call Brad Thornton for a free consultation is that he has a wealth of experience in handling sexual assault cases. As a former chief prosecutor, Brad Thornton has a deep understanding of the legal system and the prosecution's tactics. He knows how the other side will build their case against you and can anticipate their strategy. This knowledge is critical in building a strong defense against sexual assault charges.

Another reason why you should consider consulting with Brad Thornton is that he is a board-certified criminal defense attorney, which is a distinction earned by only a select few attorneys in the state. This certification is granted to attorneys who have been in practice for a certain amount of time, passed a rigorous exam and have extensive experience in criminal defense. This means that Brad Thornton has the knowledge, skill, and expertise needed to provide you with the best possible defense.

Brad Thornton will also take the time to listen to your case, answer your questions, and provide you with a realistic assessment of your case. He will also explain the potential consequences of a conviction, the defenses that may be available, and the different options available to you. Additionally, Brad Thornton is committed to providing personalized attention, and will be in regular communication with you throughout the legal process to keep you informed of your case's progress.

Lastly, Brad Thornton offers a free consultation to anyone charged with sexual assault, giving you the opportunity to speak with him and get a sense of his approach and his communication style without any financial obligation.

If you have been charged with sexual assault in San Antonio, Texas, it is important to seek the guidance of an experienced criminal defense attorney as soon as possible. Brad Thornton, with his experience as a former chief prosecutor, and his board certification, is an excellent option for anyone facing such charges. He has the knowledge, skill and experience needed to provide you with the best possible defense and protect your rights.