- Certificado en Derecho Penal
- 100+ jury trials, state and federal
- Adjunct faculty, Baylor Law School
An accusation is not a conviction. We make the State prove it.
If you have been accused of sexual assault in Fort Worth, what you do in the next 48 hours can decide the next 20 years. A detective may invite you to give your side of the story. CPS may show up at your door. A warrant may already be in motion. The single most important move is to say nothing and call a Fort Worth sexual assault lawyer before you answer any questions.
Varghese Summersett defends these cases every day in Tarrant County. Every senior attorney here started as a prosecutor, three partners are Board Certified in Criminal Law, and our office at 300 Throckmorton Street sits a short walk from the Tim Curry Criminal Justice Center, where every Tarrant County felony sexual assault case is heard.
Our client was charged with continuous sexual abuse of a young child, the most serious sexual offense in the Texas Penal Code short of capital murder. The punishment range is 25 years to life with no possibility of parole. There is no probation. A conviction is a life sentence in every way that matters.
We did not accept the forensic interview as the whole story. We ran our own investigation, examined how the outcry developed and who shaped it, and tested every assumption the State's case rested on. In these cases the investigation usually stops the moment a child says something happened. Ours starts there.
That is the difference between managing a plea and making the State prove a case it cannot prove.
The charge was dismissed in full. No conviction. No registration. No prison. That is the standard we hold the State to in every sexual assault case we touch, and it is why the earliest possible call matters.
The presumption of innocence disappears the moment the allegation surfaces. Our job is to put it back.
Benson Varghese, Socio DirectorThe right defense depends on the facts, and knowing which one fits your case is the whole job. These are the defenses we use most in Tarrant County sexual assault cases. Open each one to see how it works.
In adult cases, the State must prove the act happened without consent. Texts, messages, witness accounts, and the timeline before and after the encounter often tell a very different story than the allegation. We build that record before the State locks in its narrative.
False allegations happen more often than people want to believe, and the motivations are familiar: custody fights, divorces, breakups, revenge, and mental health crises. We investigate the accuser's motive, prior statements, and the circumstances of the outcry, and we expose the inconsistencies in front of the grand jury or the jury.
In child cases, the forensic interview is the State's foundation. Suggestive questioning, coaching by an adult in the child's life, and interviews that ignore alternative explanations can all shape a child's account. Our attorneys include former prosecutors who used these interviews to build cases. Now we take them apart.
SANE examinations, DNA mixtures, and medical findings are not as conclusive as the State presents them. We work with independent experts to test whether the physical evidence actually supports the allegation or simply fails to rule anything out.
When identification is the issue, we challenge how it was made. When you were somewhere else, we prove it with phone records, location data, receipts, and witnesses.
In statutory cases, Texas recognizes an affirmative defense when the accused is not more than three years older than a willing partner who is at least 14, and other conditions are met. Whether it applies turns on details a lawyer needs to evaluate quickly.
Most sexual assault cases come down to one person's word. The State still has to prove every element beyond a reasonable doubt. When the evidence is thin, contradictory, or unlawfully obtained, we move to suppress it, present to the grand jury, or push the case to trial. This is the principle behind the dismissal above.
Talk to a lawyer before you speak to police. A single statement can undermine the strongest defense. Call (817) 203-2220 for a free consultation.
These are representative outcomes our attorneys have obtained in Tarrant County sexual assault and sex crime cases. The results are real.
Past results do not guarantee future outcomes. Every case is decided on its own facts. See more on our results page.
Police investigations in these cases are one-sided. Once an allegation is made, investigators work to confirm it, not to question it. So we run our own investigation, with experienced private investigators and experts, aimed at the evidence the State never looked for.
We reconstruct how the allegation came about: who the child or accuser first told, what was asked, who was present, and what was happening in the family at the time. Then we scrutinize the forensic interview itself for suggestive questioning and ignored alternatives.
Texts, social media, photos, and location history frequently contradict an allegation outright. We move fast to preserve digital evidence before it disappears, on both sides of the case.
We retain independent experts to review SANE findings, DNA analysis, and medical records. The question is never whether the State has an expert. It is whether the science actually says what the State claims it says.
We interview the witnesses police skipped and build a minute-by-minute timeline. Inconsistencies between the allegation and the verifiable record are often what persuades a grand jury to no-bill.
Most defense lawyers wait for the indictment. When the facts support it, we prepare a grand jury packet and present the exculpatory evidence prosecutors would never volunteer. Our no-bills in sexual assault cases came from exactly this work.
If the case must be tried, we prepare it like the trial starts tomorrow. Our Fort Worth office includes a mock courtroom where we prepare clients and test the defense in front of people who have tried hundreds of cases.
Knowing the road ahead takes some of the fear out of it. Here is how a sexual assault case typically moves through Tarrant County, and where we step in at each stage.
A report is made to the Fort Worth Police Department or another Tarrant County agency. If the accuser is a child, investigators typically arrange a forensic interview at Alliance for Children, the county's child advocacy center. Expect CPS involvement if you have children or live with children.
Detectives commonly invite the accused to come in and give their side of the story. You will leave that meeting without handcuffs, but an arrest is likely already coming. This is the single most important window for a defense lawyer to get involved. Do not attend without counsel.
If a magistrate signs a warrant, you are booked into the Tarrant County jail and bond is set, usually with strict conditions. We can often negotiate a self-surrender so you are not arrested at work or in front of your family, and we fight for a bond and conditions you can live with.
Every Texas felony must be presented to a grand jury before trial. This is a critical opportunity. We have persuaded Tarrant County grand juries to no-bill sexual assault allegations, ending cases before an indictment was ever filed.
If indicted, your case is assigned to one of the felony district courts at the Tim Curry Criminal Justice Center, 401 W. Belknap Street, in downtown Fort Worth. Discovery, pretrial motions, and negotiation happen here, and most of the work that wins a case happens in this stage.
Cases end in dismissal, reduction, a negotiated outcome, or trial. Sexual assault cases in Tarrant County routinely take a year or longer, and we prepare every case as if a jury will decide it.
While the case is pending, courts impose strict bond conditions in sex offense cases: no contact with the accuser, restrictions on being near places where children gather, curfews, and monitored internet use. Violating any condition can put you back in jail, so we make sure every condition is clear and as livable as possible.
One City Place Building
300 Throckmorton Street, Suite 700
Fort Worth, Texas 76102
When you hire us, you get a team, not a single lawyer with a full calendar. Every senior attorney at the firm began their career as a prosecutor, and our team includes lawyers who prosecuted crimes against children in Tarrant County. We know exactly how the other side builds a sexual assault case, because we used to build them.
Our senior attorneys have tried more than 750 cases to Texas juries, and three partners hold Board Certification in Criminal Law from the Texas Board of Legal Specialization, a credential fewer than 10% of Texas attorneys earn. We appear in Fort Worth courtrooms daily, and we know how each judge and prosecutor handles these cases.
Unlike high-volume firms that treat clients like case numbers, we limit our caseload. You will always know what is happening in your case, what your options are, and what we recommend. And we understand what these accusations do to families: discreet, judgment-free representation is part of the job.
Sexual assault defense is its own discipline. The lawyers below include former Tarrant County prosecutors who handled crimes against children for the State and now defend the accused.
If you want the legal detail behind your charge, start with the table, then open the topic you need. Each offense links to a detailed guide.
| Ofensa | Nivel | Rango del castigo | Inscripción |
|---|---|---|---|
| Sexual Assault (§ 22.011) | Delito grave de segundo grado | 2 to 20 years, up to $10,000 fine | Sí |
| Aggravated Sexual Assault (§ 22.021) | Delito en primer grado | De 5 a 99 años o de por vida | Sí |
| Sexual Assault of a Child (under 17) | Delito grave de segundo grado | De 2 a 20 años | Sí |
| Aggravated Sexual Assault of a Child (under 14) | Delito en primer grado | 5 to 99 years or life; 25-year minimum in super aggravated cases | Sí |
| Continuous Sexual Abuse of a Young Child (§ 21.02) | Delito en primer grado | 25 years to life, no parole | Sí |
| Indecency with a Child by Contact (§ 21.11) | Delito grave de segundo grado | De 2 a 20 años | Sí |
| Indecency with a Child by Exposure (§ 21.11) | Delito grave de tercer grado | De 2 a 10 años | Sí |
| Indecent Assault (§ 22.012) | Delito menor de clase A | Up to 1 year jail, up to $4,000 fine | No |
Under Texas Penal Code § 22.011, sexual assault involves penetration of the anus or sexual organ without consent, or contact between the mouth and sexual organ without consent. It is generally a second-degree felony carrying 2 to 20 years and a fine up to $10,000. The accuser's age is not necessarily a factor in this charge, and the allegation alone, without physical evidence, is legally sufficient to support a warrant.
Under Texas Penal Code § 22.021, the charge becomes aggravated sexual assault when it involves serious bodily injury, a threat of death, a deadly weapon, drugging the victim, or a victim under 14, elderly, or disabled. It is a first-degree felony carrying 5 to 99 years or life.
Sexual contact with a person under 17 is sexual assault of a child regardless of consent, generally a second-degree felony. If the child is under 14, the charge becomes aggravated sexual assault of a child, a first-degree felony. For children under 6, or under 14 with aggravating factors, super aggravated sexual assault carries a 25-year minimum with no probation or parole.
When two or more qualifying acts are alleged over 30 or more days against a child under 14, prosecutors may charge continuous sexual abuse of a young child: 25 to life, no parole. Indecency with a child covers sexual contact without penetration (second-degree felony) and exposure with sexual intent (third-degree felony).
Texas also criminalizes online solicitation of a minor, possession or promotion of child pornography, sexual performance by a child, prohibited sexual conduct (incest), improper relationships between educators and students, and indecent assault, the Class A misdemeanor for unwanted intimate touching. Each carries its own penalty range and defense considerations.
The prison range is only part of it. A conviction for most sexual offenses requires sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure, often for life. Registration controls where you can live and work, and the conviction itself can end careers, professional licenses, and custody rights. For non-citizens, a conviction can also trigger separate federal immigration consequences, including removal. Most of these convictions can never be expunged or sealed, which is why the fight happens now, not after.
A peer-reviewed distinction few Fort Worth criminal defense firms can claim.
Board Certified criminal defense lawyer Benson Varghese explains how these investigations actually work, why the deck is so often stacked against the accused, and what to do the moment you learn of an allegation.
Sexual assault is generally a second-degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine. Aggravated sexual assault is a first-degree felony punishable by 5 to 99 years or life in prison. Offenses against children under 14 carry enhanced penalties, including 25 to life with no parole for continuous sexual abuse and super aggravated cases.
No. Even innocent people make statements that prosecutors later use against them. Investigators are trained to extract admissions, and anything you say can be twisted to support the State's case. Exercise your right to remain silent and request an attorney before answering any questions from police or CPS investigators. Be cautious with calls from your accuser as well: Texas is a one-party consent state, and pretext calls are often recorded by detectives.
Yes. A conviction for sexual assault in Texas requires sex offender registration. Registration requirements vary based on the offense but can last for life. Avoiding registration is one of the central goals of an effective defense, which is why outcomes like no-bills, dismissals, and acquittals matter so much.
For most sexual assault charges, a jury can recommend probation if you have never been convicted of a felony in Texas. However, certain offenses, including super aggravated sexual assault of a child and continuous sexual abuse of a young child, are not eligible for probation under any circumstances.
The statute of limitations for adult sexual assault is generally 10 years. However, there is no time limit when DNA evidence was collected, when the offense involved serial sexual assault, or when the victim was a child.
Felony sexual assault cases in Tarrant County are presented to a grand jury and, if indicted, assigned to one of the felony district courts at the Tim Curry Criminal Justice Center, 401 W. Belknap Street, in downtown Fort Worth. Misdemeanor indecent assault cases are heard in the county criminal courts. Our office is a short walk from the courthouse.
Most felony sexual assault cases in Tarrant County take a year or longer to resolve. The timeline depends on the investigation, grand jury presentation, forensic testing, discovery, and the court's trial schedule. Cases that resolve at the grand jury stage end much sooner, which is one more reason early representation matters.
Fees depend on the stage of the case (investigation, pre-indictment, or post-indictment), the seriousness of the charge, and whether the case is headed to trial. We quote a flat fee at your free consultation so you know the exact cost before hiring us. Defending a sexual assault case properly requires investigators and experts, and we explain those costs up front.