Sexual Assault Law 

Sexual assault is an emotionally charged topic. Sexual assault laws are intended to protect victims and punish perpetrators.  While few would argue the necessity of Texas sexual assault laws, these laws are not without controversy.  This is especially true for anyone falsely accused of sexual assault or facing sexual assault charges in Texas.   

Media portrayals of sexual assault on popular shows like Law & Order or Netflix’s Raising Voices are almost exclusively from the victim’s point of view and depict situations that leave no doubt as to the guilt of the perpetrator.  Real life, however, is rarely that cut and dry.   Determining guilt in sexual assault often relies on first hand accounts from witnesses whose stories rarely agree.  The courts, along with sexual assault defense attorneys, are tasked with the delicate job of sorting truth from perception in encounters that are deeply personal and often marked with conflicting narratives.   

There’s no question that victims of sexual assault deserve our sympathy and the protections outlined in Texas law.  Still, we must remember that there is always another side of the story and that the accused are presumed innocent until proven guilty under the law.  Montgomery county defense attorney Andrea M. Kolski has more than 25 years experience handling sexual assault cases and protecting the rights of those facing sexual assault charges.  Andrea and her team at Nonstopjustice PLLC understand the sensitive nature of sexual assault cases and help clients navigate these difficult times with the seriousness, compassion, and determination they deserve.  

If you or a loved one are facing charges of sexual assault, it’s time to get serious legal help.  Andrea Kolski provides experienced, skilled, and highly respected legal guidance with an unmatched record of success.  To learn more about Texas sexual assault law, read on.  

Sexual Assault Law in Texas 

In Texas, the term “sexual assault” is not always used in statutes in the same way it is in everyday conversation. Instead, these allegations typically fall under laws governing sexual assault and indecent assault, codified in the Texas Penal Code. 

The primary statute is Texas Penal Code § 22.011, which defines sexual assault. This law generally involves intentional or knowing sexual contact or penetration without consent. Lack of consent can include situations involving force, coercion, intoxication, or inability to understand the nature of the act. 

Another relevant statute is Texas Penal Code § 22.012, which addresses indecent assault. This offense involves unwanted sexual contact that does not rise to the level of penetration but is still considered criminal under Texas law. 

These statutes are broadly worded and somewhat vague, giving prosecutors room to pursue a wide range of allegations. Unfortunately, this can also lead to misunderstandings or overcharging in situations where facts and evidence are questionable. 

Penalties for Sexual Assault Offenses 

Few states are as tough on crime as Texas.  With some of the highest conviction rates in the US, Texas courts can be a brutal place for inexperienced defense attorneys or anyone lacking a deep understanding of Texas sexual assault law.  The stakes couldn’t be higher when facing sexual assault charges and the consequences of a conviction are severe. Sexual assault is typically charged as a second-degree felony, punishable by: 

• 2 to 20 years in prison  

• Fines up to $10,000  

• Mandatory sex offender registration  

Aggravating factors, such as the use of force or involvement of a minor, can elevate the charge to a first-degree felony, carrying penalties of 5 to 99 years or even life in prison. 

Indecent assault is usually classified as a Class A misdemeanor, which can still result in up to one year in jail and significant fines. Beyond the legal consequences, the social and professional stigma of an accusation can be just as devastating and last a lifetime. 

Public Perception Versus Legal Reality 

Few people agree on a single definition of sexual assault.  There is often a big difference in what the public perceives as sexual assault and what the law actually states. Media portrayals often simplify these cases into clear cases of victim and perpetrator but. in reality, most sexual assault cases hinge on complex questions of consent, intent, and credibility. 

For example, a situation that one person perceives as flirtation or mutual interest may later be described as non-consensual. Alcohol, emotional tension, and prior relationships can further blur the lines. Unfortunately, once an accusation is made, public opinion often forms quickly and harshly, regardless of the evidence. 

The Growing Problem of False Allegations of Sexual Assault 

False accusations of sexual assault are a growing problem in Texas courts.  Courtrooms are seeing a concerning trend in contentious divorce or custody battles where dishonest ex-spouses use false accusations as a weapon against their former partners.  Because authorities take all accusations of sexual assault seriously, false allegations alone can lead to arrest, job loss, strained family relationships, and long-term reputational harm.  If a false report is made, police will usually err on the side of caution and issue an arrest even when they doubt the truth of the accusers claims.  

For those embroiled in a nasty divorce, false allegations of sexual assault immediately put the accused on the defense and can derail or delay normal divorce proceedings.  Those considering a false accusation to put an ex on the defensive need to think twice- it’s illegal to wrongly accuse someone of a criminal act and those who engage in it may find themselves on the wrong side of the law. 

The broad definitions around Texas sexual assault laws are intended to protect victims in a wide variety of situations.  Unfortunately, these broad definitions are subject to a wide variety of interpretations and can be weaponized in ways lawmakers never intended.  That’s why it’s critical to have an experienced sexual assault attorney in your corner as possible whenever accusations arise.  

The potential havoc brought on by false accusations can turn your life upside down,  The stakes are even higher for celebrities who find themselves embroiled in sexual assault accusations.  Recently, actor Johnny Depp was forced to endure months of harassment, public condemnation, and an onslaught of negative publicity before a court finally exonerated him and exposed the lies of his ex, Amber Heard.  Depp’s case is not unlike the thousands of wrongly accused men who are forced to fight false accusations of sexual assault.  When the truth finally comes out and the wrongly accused are exonerated, the news cycle and public attention have already moved on. 

False Accusations Undermine Our Justice System 

The damage wrought by false accusations of sexual assault extends far beyond the lives of the wrongly accused.  False accusations undermine real victims of sexual assault by diverting law enforcement resources away from investigating actual crimes, adding more work to already overburdened judges and prosecutors, and piling on more cases to the courts jam packed dockets.  

Like the fairy tale of the boy who cried wolf, false accusations tear away at the public trust and people become more skeptical of victims when they do step forward.  Meanwhile, the dishonest accusers behind false accusations rarely face any punishment for their dishonesty and wasting of limited government resources. 

While it’s technically illegal to wrongfully accuse someone of a crime such as sexual assault, it’s rare for accusers to be punished for their deceit.  Therefore, the best way to protect yourself is to mount a rigorous defense with an experienced defense attorney who not only understands the law, but also what’s at stake for you and your future.   

Real Life Situations And Misconceptions 

Many sexual assault cases arise from situations that are not as clear-cut as they might initially appear. Consider the following examples: 

The One Night Stand.  Tasha meets Kyle at a party.  Friends at the party notice the two are laughing and enjoying each others company.  The flirtatious banter carries on while they both enjoy several cocktails.  Kyle’s friends offer to take him home but Tasha invites him over to her place for a drink.  Kyle and Tasha take an Uber back to Tasha’s apartment.  Several days later, Kyle is visited by police officers who question him about that night.  Kyle recounts the evenings events honestly.  The officers recount a very different version from Tasha.  One person believes the evenings encounter at Tasha’s apartment was consensual, while the other claims they were too intoxicated to consent. The differing perceptions create a legal dispute that must be carefully examined. 

The Office Affair.  Sarah and Will are 30-something co-workers at a corporate office downtown.  Both are single and have been increasingly flirtatious over time.  Co-workers note the flirtations and wonder if the two are dating.  Sarah has tickets to a concert and asks Will to join.  Will agrees and they attend the show while enjoying a dinner and a few drinks afterward.  No other co-workers are present and Will and Sarah keep the evenings happenings a secret between themselves.  Sarah hears rumors at work that Will is seeing someone else.  Will begins to withdraw from Sarah and the flirtations subside.  A few weeks later, Sarah confides to a few friends at work that Will made unwanted advances on their date and that he took things “too far” for her comfort level.  Sarah and her close friends at work post several unflattering Instagram messages online about Will.  Confused and upset at the public posts, Will responds with some negative jabs at Sarah.  At the office, the two act cold towards one another and hardly speak. Will is contacted by the HR director who questions him about Sarah and the night of the concert.  Will feels he has nothing to hide and gladly recounts the events of the evening.  HR records his responses and later that day, Will is put on administrative leave pending an HR investigation. Will, upset at the turn of events, reaches out to Sarah but with no response.  The next day, Will gets a call from HR ordering him to cease all contact with Sarah.  Will agrees to comply.  24 hours later, Will is informed he’s being terminated for breaking company policy.  Stunned and angry at the loss of his job of 8 years, Will calls Sarah who doesn’t answer.  Will calls again.  And again with no answer.  Will reaches out to Sarah’s friend from the office who also refuse his calls.  Lost and bewildered, Will wonders about his career and where he can turn for employment.  The next day, Will is visited by two police officers who question him about the night of the concert with Sarah.  Again, Will is forthcoming and recounts the details to the best of his memory.  Will’s version of events differ from Sarah’s and Will finds himself under arrest and his life turned upside down.   

A Couple’s Miscommunication. Desiree and Cam have been dating exclusively for 4 months.  To friends, they seem like a happy couple and spend lot of time together.  Desiree has confided to a girlfriend that Cam has even discussed marriage and one day starting a family together.  Desiree is intrigued by the thought of a life with Cam but she still wants to pursue her career before settling down or starting a family.  Still, Desiree begins to stay at Cam’s house overnight more often and begins to leave several items of clothing and toiletries for the nights she stays over.  Cam and Desiree sleep together almost every night and have been intimate regularly since early in their dating relationship.  One day, Cam sees several provocative messages on Desiree’s Instagram page from another guy.  He asks Desiree who claims it’s just an old friend.  Cam spots several more messages on her page and notices Desiree texting secretively several times.  Cam asks again and Desiree responds it’s nothing.  Cam suspects otherwise and the couple begin arguing.  Finally, Cam asks Desiree to take her clothes and belongings out of his house.  Desiree refuses and reveals she didn’t renew her lease and has no place to stay.  Cam, upset with the deceptions, demands she find a place and leave the next day.  Cam states they are no longer a couple and he’s breaking up with her.  A week later, two police officers knock on Cam’s door.  They ask about he and Desiree’s relationship.  Cam states they broke up and that Desiree left several days before.  The officers explain Desiree is accusing him of making unwanted sexual advances.  Stunned, Cam explains they were a couple and he never made any unwelcome advance.  He explains he was in love with Desiree and even discussed long term plans before breaking up.  The officers claim Desiree tells a very different story and place Cam under arrest.  

These examples illustrate how seemingly normal relationships can be interpreted differently according to the law and the parties involved.  In each situation, the claims of one person are at odds with the other.  Whether or not laws were broken or if a crime occurred will be determined by the court.  In these situations, having a thoughtful legal defense is essential. 

Sample Defense Strategies  

When facing sexual assault charges, it’s important to keep a level head.  Emotions can quickly overwhelm clear thinking and rational judgement.  Be sure to stay calm at all times, be respectful towards law enforcement, and get an experienced defense attorney involved as soon as possible.  Ideally, speak to your attorney before talking to law enforcement or have your attorney present when answering any questions.   

Sexual assault charges often rely on first-hand accounts, personal testimony, and navigating conflicting stories.  These can be interpreted in a number of ways, memories fade, and details can get overlooked.  Retaining a skilled lawyer early in the process can prevent costly mistakes or saying something you later regret.  Remember, the police are not your friends- they have a job to do and anything you say can be used against you.   

Defending against sexual assault charges often requires a comprehensive and strategic approach.  An experienced sexual assault defense attorney will examine your situation from multiple perspectives to determine the best course of action.  Here are some common elements they will likely review:   

-Careful analysis of your accuser’s statements and determine if any inconsistencies are present. 
-Review of physical and digital evidence, including text messages, social media activity, photos, online activity, camera recordings, and any other relevant data. 
-Identification of witnesses who can provide context, relevant details, or potential contradictions in the allegations.  These may include family members, co-workers, neighbors, ex partners, roommates, or anyone familiar with you and your accuser.   
-Examination of law enforcement procedures to ensure your rights were not violated 

An experienced defense attorney will have a network of experts at the ready to potentially assist in your defense.  Private investigators, forensic accountants, retired law enforcement officers, psychologists, and other experts can play a huge part in crafting a robust defense on your behslf. 

Defense attorney Andrea Kolski has helped countless clients navigate these tumultuous waters and come out the other side.  She and her team at Nonstopjustice PLLC have decades of experience with sexual assault cases and what it takes to win.  Beyond building a strong defense, they understand how to uncover weaknesses in the prosecution’s case and insure your rights are protected every step of the way. 

Montgomery’s Most Trusted Defense Team 

When facing sexual assault charges, you need more than just a lawyer, you need a proven fighter you can trust.  Andrea Kolski has been Montgomery’s most trusted choice for unmatched legal defense for over 25 years.  Andrea is a respected fighter who’s sharpened her tremendous legal skills in the toughest Texas courts while earning a track record of success second to none.    

Being accused of sexual assault can feel like your life has been turned upside down. The uncertainty, fear, and stigma can be overwhelming. But you don’t have to face this challenge alone. Many have been in the same predicament and come through the other side better, stronger, and wiser for it.  With the right legal representation, you can push back against the accusations and protect your future. 

Your Lawyer. Your Future. Your Choice.  

For over two decades, clients have praised Andrea’s determination and legal skill.  Her fierce advocacy on behalf of her clients have earned her the nickname “pitbull in the courtroom” for her tenaciousness.  Andrea and her team at Nonstopjustice PLLC have the experience, determination, and deep legal understanding that can determine the outcome in these complex cases. They understand that your future is on the line and approach every client with respect, compassion, and a steady hand during a turbulent time. 

When facing sexual assault charges, your freedom and your future are on the line.  This is when experience matters most. Andrea’s 25 years of experience, her reputation as a fierce advocate, and her deep ties to the Montgomery County legal community make her a powerful ally for anyone facing sexual assault charges. Her track record of success and unwavering dedication to her clients make her an ideal choice when everything is on the line.  

Need legal help?  Contact us today.