Aggravated Sexual Assault
Fort Worth Aggravated Sexual Assault Lawyer | Richard C. McConathy

Aggravated Sexual Assault


Rape is a horrific sexual crime that is usually charged as sexual assault. When an alleged rape  causes serious injury to an alleged victim or involves certain kinds of alleged victims or other factors, the alleged offender could be charged with aggravated sexual assault.


Aggravated assault is usually classified as a first-degree felony in Texas, which is one of the most serious crimes a person can be charged with. Not only are convictions punishable by possible life sentences in prison, but there can also be very stiff minimum sentences required in some cases.

Sexual Assault


Fort Worth Aggravated Sexual Assault Lawyer


If you think you or your loved one could be under investigation or you were already arrested for an alleged aggravated sexual assault in the greater Fort Worth area, you should say absolutely nothing to authorities until you have legal representation. Make sure that your first phone call is to the Law Offices of Richard C. McConathy.


Our firm will fight to try to get your criminal charges reduced or completely dismissed. Call (817) 422-5350 or contact us online to take advantage of a free consultation.


Aggravated Sexual Assault Charges in Texas


A person commits aggravated sexual assault under Texas Penal Code § 22.021(a)(1)(A) if they intentionally or knowingly:


● cause the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;


● cause the penetration of the mouth of another person by the sexual organ of the alleged offender, without that person's consent; or


● cause the penetration of the anus or sexual organ of another person by any means, without that person's consent.


A person also commits aggravated sexual assault under Texas Penal Code § 22.021(a)(1)(B) if they, regardless of whether they know the age of a child at the time of an alleged offense, intentionally or knowingly:


● cause the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender;


● cause the penetration of the anus or sexual organ of a child by any means;


● cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender;


● cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender; or


● cause the penetration of the mouth of a child by the sexual organ of the alleged offender; and


Aggravated sexual assault also invovles one of the following factors established under Texas Penal Code § 22.021(a)(2):


● The alleged victim is an elderly individual or a disabled individual;


● The alleged offender causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;


● The alleged victim is younger than 14 years of age;


● The alleged offender by acts or words places the victim in fear that any person will become the victim of an offense under Texas Penal Code § 20A.02(a)(3), Texas Penal Code § 20A.02(a)(4), Texas Penal Code § 20A.02(a)(7), or Texas Penal Code § 20A.02(a)(8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;


● The alleged offender administers or provides flunitrazepam, otherwise known as rohypnol (roofies), gamma hydroxybutyrate (GHB), or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;


● The alleged offender by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;


● With the intent of facilitating the commission of the offense, the alleged offender administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act;


● The alleged offender acts in concert with another who engages in conduct described by Texas Penal Code § 22.021(a)(1) directed toward the same victim and occurring during the course of the same criminal episode; or


● The alleged offender uses or exhibits a deadly weapon in the course of the same criminal episode.


A child is defined under Texas Penal Code § 22.01(c) as a person younger than 17 years of age while an elderly individual is defined under Texas Penal Code § 22.04(c) as a person 65 years of age or older. Texas Penal Code § 22.021(b)(3) defines a disabled individual as “a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.”


Aggravated Sexual Assault Penalties in Fort Worth


Aggravated sexual assault is classified as a first-degree felony. Convictions are punishable by up to 99 years or life in prison and/or a fine of up to $10,000.


While the standard minimum sentence is five years in prison, the minimum may be increased to 25 years if:


● The alleged victim was younger than 14 years of age at the time the offense was committed and the alleged offender committed the alleged offense in a manner described by Texas Penal Code § (a)(2)(A); or


● The alleged victim was younger than six years of age at the time the offense was committed.


Aggravated Sexual Assault Defenses in Fort Worth


Under Texas Penal Code § 22.021(d), the defense provided by Texas Penal Code § 22.011(d) also applies to aggravated sexual assault. It is a defense to prosecution under Texas Penal Code § 22.011(d) that the alleged conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.


It is also possible that an alleged offender could be completely innocent and may have been incorrectly identified by police during the investigation into an aggravated sexual assault. Some people could be the victims of completely false or exaggerated allegations.


Tarrant County Aggravated Sexual Assault Resources


Victim Advocates | Tarrant County, Texas — Visit this section of the Tarrant County website to learn more about Victim Advocates. Victim Advocates help Tarrant County victims of violent crime understand their rights and assist with safety planning and make appropriate referrals, applying for Crime Victims’ Compensation, completing the Victim Impact Statement, and protective orders and other paperwork. They can also accompany you to meetings with your prosecutor and/or to court.


Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000) — Jimmie Lee Johnson was ordered to pay a $10,000 fine and sentenced to life in prison after being convicted of two counts of aggravated sexual assault in 1994. The Thirteenth Court of Appeals reversed the conviction because of factual insufficiency, ruling that "[t]he in-court identification was not clear and unequivocal" and additional evidence used to incriminate Johnson "all apply to many people other than him.” The Thirteenth Court of Appeals held that “while the State proved a rape did occur, the evidence was factually insufficient to prove beyond a reasonable doubt that appellant was the guilty party, and a ‘manifest injustice’ would occur if this conviction was allowed to stand.” The Texas Court of Criminal Appeals affirmed the Court of Appeals decision to reverse and remand the case for further proceedings after determining that it could “find no fault in its application of the factual sufficiency review.”


Law Offices of Richard C. McConathy | Fort Worth Aggravated Sexual Assault Attorney


Were you or your loved one arrested or do you believe that you could be under investigation for an alleged aggravated sexual assault in Fort Worth or other community in Tarrant County? You are going to need to find yourself an experienced criminal defense lawyer right away.


The Law Offices of Richard C. McConathy will work tirelessly to help you achieve the most favorable possible outcome to your case. We will explore all of your legal options with you when you call (817) 422-5350 or contact us online to set up a free consultation.

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