Sexual Assault Defense 

In today’s wired world, people are quick to judge and condemn before facts emerge.  A rush to judgment on social media, sensational headlines, and gossip-laden stories often replace careful investigation and due process.  Lightning fast technology means the truth often takes a backseat to outrage and condemnation.  This is especially true when it comes to the emotionally charged topic of sexual assault.   

Real sexual assault is a crime and, if proven, carries very real consequences that are intended to punish perpetrators while protecting victims.  On the surface, this seems like a noble cause that most would agree with.  However, there’s a fine line between sexual assault and consensual sex and cases often hinge on little no credible evidence while relying on memories, feelings, and other intangibles. 

Unfortunately, false allegations of sexual assault are a growing problem in Texas courts and undermine the suffering of actual victims.  In divorce cases, a bitter ex-spouse may use false allegations of sexual assault to gain an advantage in a bitter custody battle or leverage a bigger piece of the marital estate.  Between unmarried couples, false allegations can be used to seek revenge against a former lover, partner, family member, or co-worker.  No one is immune from false allegations of sexual assault. 

Determining whether someone committed sexual assault often comes down to conflicting perspectives of the parties.  Regardless, we must put our emotions aside and remember that under our Constitution, the accused are presumed innocent until PROVEN guilty in a court of law. Anyone accused of a crime has the right to a defense and to have your side of the story heard.   

Montgomery County defense attorney Andrea M. Kolski and her team at Nonstopjustice PLLC have been on the front lines in Texas courts defending the accused for over 25 years.  We understand that justice for all is foundational to our legal system.   

Understanding Texas sexual assault law can help empower those facing charges in a court of law or in the court of public opinion.  Read on to learn more. 

Sexual Assault Under Texas Law 

The main sexual assault statute is Texas Penal Code § 22.011. In basic terms, it makes it a crime to intentionally or knowingly cause certain sexual contact or penetration without the other person’s consent, or in situations where the other person is legally unable to consent. 

The law covers several kinds of conduct, including: 

• Any penetration of the sexual organ or anus by any means, without consent 
• Penetration of the mouth by the sexual organ, without consent 
• Certain sexual contact with a child, even if the child “agrees” 

“Without consent” covers many circumstances. Texas law says there is no consent if, for example: 

• Force or violence is used or threatened 
• The person is unconscious or physically unable to resist 
• The person is mentally incapable of understanding the nature of the act 
• The actor is a public servant, health care provider, or clergy member who uses their position or influence 
• The person is too intoxicated to consent and the actor knows this 

There are also related statutes, such as: 

• Texas Penal Code § 22.021 Aggravated Sexual Assault 
• Texas Penal Code § 21.11 Indecency with a Child 
• Texas Penal Code § 22.011(f) and other subsections dealing with particular situations and age differences 

Public Perception vs. Legal Reality 

In the public eye, being accused of sexual assault often feels the same as being guilty. People forget that an accusation is only one side of the story.  

Texas sexual assault law is not intended to punish rude behavior or people we don’t like. The law addresses whether there was consent, whether the accuser could legally consent, and whether the prosecutor can prove every element of the offense beyond a reasonable doubt. 

Answering those questions and how they apply to your situation is where a skilled sexual assault defense attorney is crucial. 

Penalties for Sexual Assault in Texas 

Depending on the specific allegation, sexual assault in Texas is usually charged as a seconddegree felony. That can mean: 

• 2 to 20 years in prison and 
• Up to a $10,000 fine 

In some situations, the charge can be elevated or enhanced. For example: 

• Aggravated Sexual Assault can be a firstdegree felony, punishable by 5 to 99 years or life in prison 
• Certain offenses involving children or repeat offenses can carry even harsher ranges and mandatory minimums 

On top of prison time and fines, there are serious longterm consequences: 

• Mandatory sex offender registration, often for life 
• Job loss and extreme difficulty finding new employment 
• Housing problems when landlords or HOAs do background checks 
• Damaged reputation and strained relationships with family and friends 
• Possible limits on where you can live, work, or travel 

Bitter Divorces, Breakups, And The Growing Problem of False Allegations 

Few people realize how common, seemingly everyday situations can be mischaracterized as sexual assault.  Here are some everyday scenarios that highlight how innocent people can find themselves in the crosshairs of the law: 

Scenario 1: The Bitter Breakup 
Alex and Jordan are in a longterm relationship. After a night of drinking, they have sex. The next day they argue, and a week later they break up.  Days pass and Jordan, still heartbroken and upset, begins to regret her decision that night.  She confides in friends and describes the last incident as “not really wanted.” A few months later, Jordan learns that Alex is dating someone new.  In a moment fueled by anger and jealousy, Jordan decides to report Alex to the police for sexual assault, claiming she was too drunk to give consent. There are no medical records, no witnesses, and text messages from the next morning sound normal. Until the breakup, Alex and Jordan were in a stable, romantic relationship.  Now, thanks to Jordan’s decision, Alex is arrested, charged with sexual assault, and his life is turned upside down. 

Scenario 2: The Custody Battle 
Maria and her exhusband Todd are locked in a bitter divorce and a contested child custody case. Maria wants full custody of the children along with a substantial amount of money from the estate.  Suddenly, Todd is accused of sexually inappropriate conduct based on statements made by the child while staying with Todd and his new girlfriend. The allegations surface shortly before a key custody hearing. There is no physical evidence, just vague claims that change over time. Even with doubts, the police decide to file charges “to be safe,” and Todd is now facing both felony charges and the loss of his children. 

Scenario 3: Misread Signals at a Party 
Chris and Taylor meet at a college party. They both drink heavily. They flirt, kiss, and go to a bedroom. The next day, Taylor feels embarrassed and worried about what friends will think. After hearing repeated comments like “if you were that drunk, you couldn’t consent,” Taylor reports the encounter as sexual assault. Chris insists that Taylor was an active participant and never said no. There are no cameras in the room, and friends only saw them leave together willingly. The entire case may come down to whose story a jury believes. 

Situations like these are emotionally complicated. They often involve hurt feelings, anger, regret, or outside pressure from family or lawyers. In divorce and child custody cases in particular, false or exaggerated sexual assault allegations can be used as a powerful weapon to gain leverage. 

Sexual assault is a serious crime that has serious consequences and victims should be protected.  However, the growing number of false allegations have muddied the waters and made the job of prosecutors and judges more difficult while creating a real issue for society at large. 

Understanding Your Rights When Accused of Sexual Assault 

If you are under investigation or have been arrested for sexual assault in Texas, you still have important rights. You have the right: 

• To remain silent and not answer police questions without a lawyer present 
• To a lawyer who will investigate, challenge the evidence, and fight for you 
• To a fair trial and to confront your accuser 
• To require the State to prove every element of the offense beyond a reasonable doubt 

Speaking to law enforcement without legal advice is a serious risk and can easily be used against you. Anything you say can be twisted or taken out of context later. Before you talk, you should talk to an experienced sexual assault lawyer like Andrea M. Kolski who can insure that your rights are protected. 

Fighting Back and Telling Your Story  

Many people accused of sexual assault feel ashamed, scared, and confused. They may not fully understand the law or what they are actually charged with. They may worry that no one will believe them, especially if the accuser is emotional and convincing. 

As an experienced defense attorney, Andrea Kolski offers clients more than skilled legal defense, she brings clarity and hope. Clients appreciate how Andrea explains the law in simple terms, answers your questions honestly, and gives a realistic picture of the options. She also works to make sure your side of the story is heard, documented, and presented in the strongest possible way. 

Don’t let accusations of sexual assault overwhelm you.  You have rights, You have a voice.  You have hope. You can fight back.  Andrea and the team at Nonstopjustice PLLC understand what you’re going through and they’re here to help.   

Trust Montgomery’s Best Sexual Assault Defense Team  

If you are facing sexual assault charges in Montgomery County, Texas, the lawyer you choose may be the most important decision you make.  

Andrea M. Kolski brings 25 years of experience, reputation as a fierce advocate, and deep roots in the Montgomery County legal community to every sexual assault case. 

Whether you’re going through a difficult divorce, recovering from an emotional break up, or the target of someone else’s revenge, you don’t have to suffer alone.  Andrea Kolski is a proven fighter and can help you take back control of your life  

Take the Next Step Today 

When the whole world seems to be crashing down on your shoulders, Andrea M. Kolski is ready to stand up for you, your rights, and your future. Andrea knows that everyone deserves the benefit of the doubt and your rights matter. 

Contact us today to see how we can protect your future and help reclaim your life.