Rape is commonly defined as a form of sexual assault, and the Texas Penal Code uses the phrase sexual assault instead of the term rape. When a person is accused of rape in Texas, there could be a number of different criminal charges they could be facing for the alleged offense.

Any rape allegation can be an incredibly damaging experience for an alleged offender, as many other people will be quick to cast judgment even before a person has had an opportunity to appear in court. Despite the often overwhelming feeling of attempting to fight the criminal charges, it is important for people accused of rape to understand that they frequently have many different defense options.

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Rape Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, Southlake, TX

Were you arrested for alleged rape in McKinney, Carrollton, Fort Worth, or another community in Tarrant County, Texas? You should not delay in seeking legal counsel for yourself.

The Law Offices of Richard C. McConathy has defended hundreds of people all over North Texas against all kinds of sex crime charges and we can fight to make sure that you do not have to face the worst possible penalties. Call (817)-422-5350 or contact us online to have our firm examine your case during a consultation.

Rape Charges in Tarrant County

Under Texas Penal Code § 22.011, a person commits a sexual assault offense if they intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  • cause the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  • 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 actor; or

A person also commits an offense if regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of a child by any means;
  • cause the penetration of the mouth of a child by the sexual organ of the actor;
  • cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
  • cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
  • cause the mouth of a child to contact the anus or sexual organ of another person, including the actor.

A sexual assault under Texas Penal Code § 22.011(a)(1) is without the consent of the other person if:

  • the alleged offender compels the other person to submit or participate by the use of physical force, violence, or coercion;
  • the alleged offender 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;
  • the other person has not consented and the alleged offender knows the other person is unconscious or physically unable to resist;
  • the alleged offender knows that as a result of a 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;
  • the other person has not consented and the alleged offender knows the other person is unaware that the sexual assault is occurring;
  • the alleged offender 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;
  • the alleged offender 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;
  • the alleged offender is a public servant who coerces the other person to submit or participate;
  • the alleged offender 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;
  • the alleged offender 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 a spiritual adviser;
  • the alleged offender 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; or
  • the alleged offender 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.

A child is defined as a person younger than 17 years of age. A spouse is a person who is legally married to another.

Texas Penal Code § 22.011(d) establishes that it is a defense to prosecution under Texas Penal Code § 22.011(a)(2) that the 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. Under Texas Penal Code § 22.011(e), it is an affirmative defense to prosecution under Texas Penal Code § 22.011(a)(2) that the alleged offender was the spouse of the child at the time of the offense; or that the alleged offender was not more than three years older than the victim and at the time of the offense: was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and the alleged victim was a child of 14 years of age or older, and was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02.

Sexual assault is a second-degree felony, except that an offense is a first-degree felony if the alleged victim was a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Texas Penal Code § 25.01; or a state jail felony if the offense is committed under Texas Penal Code § 22.011(a)(1) and the alleged offender has not received express consent as described by Texas Penal Code § 22.011(b)(12).

An offense is also a first-degree felony if the alleged victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the alleged offender was prohibited from living under the appearance of being married under Texas Penal Code § 25.01; or a person with whom the alleged offender was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Texas Penal Code § 25.02.

Under Texas Penal Code § 22.021, a person commits an aggravated sexual assault offense if they intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  • cause the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  • 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 actor; or

A person also commits an aggravated sexual assault offense if regardless of whether the person knows the age of the child at the time of the offense, they intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of a child by any means;
  • cause the penetration of the mouth of a child by the sexual organ of the actor;
  • cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
  • cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
  • cause the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

if the person:

  • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
  • by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
  • by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
  • uses or exhibits a deadly weapon in the course of the same criminal episode;
  • acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
  • with the intent of facilitating the commission of the offense, 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 victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or
  • the victim is an elderly individual or a disabled individual.

Aggravated sexual assault is a first-degree felony.

Rape Penalties in Texas

The offenses listed above are generally punishable as follows:

  • Second-Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000
  • First-Degree Felony — Up to 99 years or life in prison and/or a fine up to $10,000

For aggravated sexual assault, the minimum term of imprisonment for an offense is increased to 25 years if the alleged victim of the offense is younger than six years of age at the time the offense is committed; or the alleged victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Texas Penal Code § 22.021(a)(2)(A).

Tarrant County Rape Resources

Rape Crisis & Victim Services – The Women’s Center of Tarrant County — In 1979, The Women’s Center was established to address significant problems of violence, crisis, and poverty experienced by women and families in Tarrant County. The founders of The Center created a place of transformation that has served hundreds of thousands of women, men, and children over the past 40 years. This has been made possible through the commitment of expert staff, generous donors, dedicated volunteers, a passionately involved board of directors, and community partnerships.

Thomas v. State, 669 S.W.2d 420 (1984) — Linton Thomas Jr. was convicted by a jury of aggravated rape of a child, and the jury assessed his punishment at 25 years imprisonment. He did not challenge the sufficiency of the evidence but complained that the court improperly limited his cross-examination of the victim regarding her earlier false rape accusations and improperly excluded reputation evidence offered at the guilt stage to show his good reputation for proper care of children. The Court of Appeals of Texas in Houston sustained both grounds of error, reversed the judgment of the trial court, and remanded the case for a new trial.

Find A Tarrant County Defense Attorney for Rape | Law Offices of Richard C. McConathy

If you were arrested for rape in Tarrant County, you cannot afford to delay in seeking legal representation, contact the Law Offices of Richard C. McConathy. It will be critical for you to get an experienced criminal defense lawyer to investigate the allegations in your case right away.

Our firm will be prepared to immediately take the steps necessary to ensure your freedom. You can have our firm review your case and go over everything that will need to be done when you call (817)-422-5350 or contact us online to schedule a free consultation.

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