Fort Worth Sex Crimes Defense Lawyer

Sexual assault is one of the most common sex offenses defendants are charged with. Sexual assault, or rape, occurs when someone commits prohibited sexual conduct without the other person’s consent while:

• intentionally, knowingly, or recklessly causing bodily injury to the other person, including their own spouse; 
• intentionally or knowingly threatening the other person with imminent bodily injury, including their own spouse; or
• intentionally or knowingly causing physical contact with the other person when they know or should reasonably believe that they will regard the contact as offensive or provocative.

The act is considered to have been without consent if physical violence was threatened or used to get the other person to submit to the defendant's actions. There is also a lack of consent if the alleged victim is physically unable to resist or understand the nature of the act being performed. Consent is also lacking in any situation where the defendant is in a place of power or charged with the care of the other person, such as if the defendant is a healthcare services provider, clergyman, public servant, or an employee of a facility where the alleged victim lives.

Sexual assault becomes aggravated sexual assault if any of the following occur:

• the defendant has caused serious bodily injury or attempted to cause the death of the other person;
• the defendant placed the other person in fear of death, serious bodily injury, or kidnapping;
• the defendant used or displayed a deadly weapon during the crime;
• the defendant acted with another individual in committing the crime;
• the defendant used a "date rape drug" with the intent of making the offense easier to commit;
• the alleged victim is younger than 14 years old;
• the alleged victim is an elderly or disabled individual.

Sexual assault is typically charged as a second-degree felony punishable by 2-20 years in state prison and/or a fine of up to $10,000.

Aggravated sexual assault is a first-degree felony punishable by 5-99 years in state prison and up to $10,000 in fines, with a possible mandatory minimum of 25 years in prison if aggravating factors are present (e.g., the offense involved a deadly weapon, the alleged victim was younger than 6 years old, etc.). 

Sex Offender Registration

In addition to jail time and fines, individuals convicted of certain sex offenses will also have to register on a public sex offender registry for a period of time determined by their offense. Offenders will be classified into 3 different risk levels for the purposes of sex offender registration:

• Low risk offenders (Level 1) – unlikely to commit a sexual crime
• Moderate risk offenders (Level 2) – may continue to commit sex crimes
• High risk offenders (Level 3) – pose a threat to commit another sexual offense

Individuals will either have to register for life or for 10 years. Charges that do not involve sexual contact, such as solicitation of a minor online or indecent exposure (first offense), warrant a 10-year registration. Other offenses like sexual assault, human or child trafficking, and possession of child pornography require lifetime registration. Failure to register is a felony ranging from the state jail felony level to the second-degree felony level.

Sex offender registration can follow you for life. The registry is public, which means you could face serious hurdles in obtaining employment or an apartment lease due to the stigma of your past. If you have been accused of a sex crime, it is imperative to work with an experienced defense lawyer immediately. Let Mr. Shipley take a closer look at your situation and help you strategize a formidable defense that will protect your rights and your future.