Fort Worth Sexual Assault Defense
If you’ve been accused of sexual assault in Fort Worth, you need an experienced defense lawyer immediately. A sexual assault conviction in Texas carries 2 to 20 years in prison, mandatory sex offender registration, and permanent damage to your reputation. At Varghese Summersett, our Fort Worth sexual assault lawyers have dedicated their entire careers to criminal defense. Three of our partners hold Board Certification in Criminal Law, the highest credential a Texas criminal defense attorney can achieve.
Sexual assault allegations turn lives upside down. You may learn about an accusation when a detective calls, when CPS shows up, or when police place you under arrest. Regardless of how you found out, what you do next matters. Do not speak to investigators without an attorney present. Contact our Fort Worth sexual assault defense team before you answer any questions.
Every attorney at our firm began their career as a prosecutor. We know the playbook. We’ve seen how quickly police, CPS workers, and forensic interviewers develop tunnel vision in these cases. The presumption of innocence often disappears the moment an allegation surfaces. That’s why we fight aggressively from day one.
Why Choose Varghese Summersett for Sexual Assault Defense?
Choosing the right defense attorney can mean the difference between prison and freedom. Our firm brings credentials and courtroom experience that few Texas criminal defense teams can match. Our senior attorneys have tried over 750 cases to Texas juries. Each partner has personally tried more than 100 jury trials. Three partners hold Board Certification in Criminal Law from the Texas Board of Legal Specialization.
We appear in Fort Worth courtrooms daily. We know the prosecutors, the judges, and what strategies work in Tarrant County. We also know what doesn’t work. This familiarity allows us to anticipate challenges and position your case for the best possible outcome.
Unlike high-volume firms that treat clients like case numbers, we limit our caseload. Every client receives personal attention from attorneys who are both compassionate about your situation and relentless in the courtroom.
What Should You Do If Accused of Sexual Assault in Texas?
The actions you take immediately after learning of an allegation can determine the outcome of your case. Two rules matter more than anything else: stay silent and call a lawyer.
Do Not Talk to Investigators
If a detective or CPS investigator contacts you, do not speak with them. This advice applies even if you’re completely innocent. Investigators are trained to extract statements that can be used against you. They may tell you that your honesty will help your situation. They may claim they already have enough evidence to arrest you. These tactics are designed to make you talk.
Anything you say can and will be twisted to support the State’s case. Once you’ve made a statement, you cannot take it back. The truth will not set you free in an interrogation room. It will be weaponized against you. Exercise your Fifth Amendment right to remain silent and ask for an attorney.
Contact an Attorney Immediately
Sexual assault allegations move fast. A warrant can be issued, an arrest made, and a bond set before you’ve had time to process what’s happening. Notice that mere words (an allegation without physical evidence) are enough to trigger all of these consequences. An experienced Fort Worth sexual assault lawyer can intervene early, potentially preventing an arrest, negotiating a self-surrender, or fighting the case at the grand jury stage before formal charges are filed.
What Happens During a Sexual Assault Defense Consultation?
When you meet with our attorneys, we assess whether your case is a good fit for our firm. We discuss the facts and allegations that led to the investigation or arrest. We analyze potential defensive strategies based on the specific circumstances of your case. Then we chart a path forward to put you in the strongest position to fight these charges.
You should also evaluate us. Consider our experience, our familiarity with the courts and prosecutors handling your case, our trial history, and whether you feel comfortable trusting us with your future. A consultation is a two-way interview.
Related: Watch our exclusive interview on how sexual assault investigations are often one-sided
What Are Our Goals in Sexual Assault Cases?
Our Fort Worth sexual assault defense attorneys pursue three objectives in every case. First, we work to avoid prison time. Second, we fight to avoid a conviction entirely. Third, when possible, we resolve cases in ways that allow even the arrest record to be expunged or sealed. Our track record of dismissals, no-bills, and reductions demonstrates that these goals are achievable with the right defense strategy.
What Are the Sexual Assault Charges and Penalties in Texas?
Texas law defines multiple sexual offenses with varying penalties. Understanding what you’re facing helps you appreciate the stakes and the importance of experienced legal representation.
Sexual Assault (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. Under Texas Penal Code § 22.011, this offense is a second-degree felony. Conviction carries 2 to 20 years in prison and fines up to $10,000. The victim’s age is not necessarily a factor in this charge.
Aggravated Sexual Assault (Texas Penal Code § 22.021)
Aggravated sexual assault occurs when sexual assault involves serious bodily injury, threat of death, use of a deadly weapon, or administration of drugs to the victim. Under Texas Penal Code § 22.021, this is a first-degree felony carrying 5 to 99 years or life in prison, plus fines up to $10,000.
Aggravated Sexual Assault of a Child
When sexual assault involves a child under 14, the charge becomes aggravated sexual assault of a child. This first-degree felony carries 5 to 99 years or life in prison. Aggravating factors can also include use of a weapon, serious bodily injury, threats, or drugging the victim.
Super Aggravated Sexual Assault of a Child
Texas reserves its harshest penalties for sexual assault of children under 6, or children under 14 when additional aggravating factors exist. Super aggravated sexual assault carries a minimum of 25 years to life in prison. Defendants convicted of this offense are not eligible for probation or parole.
Sexual Assault of a Child (Statutory Rape)
Sexual contact with a person under 17 constitutes sexual assault of a child, regardless of consent. This offense is generally a second-degree felony with 2 to 20 years in prison. If the defendant is prohibited from marrying the victim due to family relationship (incest), the charge elevates to a first-degree felony.
Continuous Sexual Abuse of a Young Child
When two or more qualifying sex acts occur against a child under 14 over a period of 30 or more days, Texas prosecutors may charge continuous sexual abuse. This applies whether the acts are committed against one child or multiple children. The punishment is 25 years to life with no possibility of probation or parole.
Indecency with a Child
Indecency with a child involves sexual contact (not penetration) with a person under 17, or exposure of genitals to a child with sexual intent. Contact offenses are second-degree felonies (2 to 20 years). Exposure offenses are third-degree felonies (2 to 10 years).
Indecent Assault
Indecent assault involves touching another person’s intimate areas without consent and with sexual intent. This Class A misdemeanor carries up to 1 year in jail and fines up to $4,000. Age is not a factor in this offense.
Additional Sexual Offenses in Texas
Texas law also criminalizes online solicitation of a minor, possession or promotion of child pornography, sexual performance by a child, prohibited sexual conduct (incest), human trafficking, improper relationships between educators and students, and various prostitution-related offenses. Each carries distinct penalties ranging from misdemeanors to first-degree felonies.
What Are Common Defenses Against Sexual Assault Charges?
Our attorneys have decades of experience defending sexual assault cases. Effective defenses depend on the specific facts of each case. Some clients can establish that the alleged act was consensual. Others can prove the defendant was married to or in a dating relationship with the accuser at the time. Mistaken identity defenses apply when the victim incorrectly identifies the defendant. Alibi defenses establish that the defendant was somewhere else when the alleged offense occurred.
False accusations happen more often than many people realize. Motivations range from custody disputes to revenge to mental health issues. Only experienced defense attorneys know how to investigate these cases, gather evidence, and expose inconsistencies in the accuser’s story.
What Are Sexual Assault Bond Conditions in Tarrant County?
Even though you’re presumed innocent, the court will impose bond conditions if you’re charged with a sexual offense. Violating these conditions can result in immediate arrest and bond revocation. Common conditions in Tarrant County sexual assault cases include restrictions on being near children, curfews, internet monitoring, and no-contact orders with the alleged victim.
Defendants typically cannot go within 1,000 feet of schools, playgrounds, parks, or other places where children gather. They cannot supervise or participate in activities involving people under 17. Courts often prohibit residing with minors unless approved by the judge. Contact with the alleged victim and their family (in person, by phone, by text, or through third parties) is strictly forbidden.
Internet restrictions are particularly detailed. Defendants may be prohibited from accessing sexually explicit material, commercial social networking sites, or communicating with minors online. Courts frequently require installation of monitoring software on all computers. Possession of any program designed to erase internet activity is prohibited.
Additional conditions often include avoiding hitchhiking, maintaining appropriate dress in public, and observing curfews between midnight and 6:00 AM. These restrictions remain in effect throughout the pendency of your case, which can take months or even years to resolve.
How Can Our Fort Worth Sexual Assault Lawyers Help?
The sooner you contact us, the better your chances. In ideal circumstances, you’ll call a defense lawyer before you call back a detective. Police commonly use a tactic where they invite you to “give your side of the story” at a location like Alliance for Children. While you’ll leave that meeting without handcuffs, understand that an arrest is likely coming. Having an attorney involved early can make a significant difference.
Our defense lawyers have prevented arrests, negotiated self-surrenders, secured reasonable bonds, won cases at the grand jury level, and taken cases to trial. If you have children or live with children, expect CPS involvement that will disrupt your family. During the investigative phase, having a lawyer prevents you from making statements that damage your defense.
We conduct our own investigations using experienced private investigators who know how to uncover evidence that police overlook or ignore. We interview witnesses, analyze forensic evidence, and identify weaknesses in the State’s case. Our Fort Worth office includes a mock courtroom where we prepare clients for trial.
Tarrant County Sexual Assault Statistics
Sexual assault cases are filed at an alarming rate in Tarrant County. Understanding the volume of cases helps illustrate why experienced defense representation matters. The following chart shows sex crimes filed in Tarrant County over a five-year period:
Frequently Asked Questions About Sexual Assault in Texas
What is the punishment range for sexual assault in Texas?
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.
What is the statute of limitations for sexual assault in Texas?
The statute of limitations for adult sexual assault is 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.
Will I have to register as a sex offender if convicted?
Yes. A conviction for sexual assault in Texas requires sex offender registration. Registration requirements vary based on the offense but can last for life.
Can I get probation for sexual assault in Texas?
For most sexual assault charges, a jury can recommend probation if you have never been convicted of a felony in Texas. However, certain offenses like super aggravated sexual assault of a child are not eligible for probation under any circumstances.
Should I talk to the police if I’m innocent?
No. Even innocent people can make statements that prosecutors use against them. Exercise your right to remain silent and request an attorney before answering any questions from police or CPS investigators.
Contact a Fort Worth Sexual Assault Defense Attorney Today
Being accused of sexual assault is overwhelming. You face the possibility of prison, sex offender registration, destroyed relationships, and a permanently damaged reputation. You don’t have to face this alone.
Our Fort Worth sexual assault defense lawyers have decades of experience and a proven track record. We are known for aggressive, proactive defense from the moment an allegation surfaces. Call us to learn what our team can do to prevent charges from being filed, stop an indictment at the grand jury level, or build the strongest possible defense for trial.
Call Varghese Summersett today at (817) 203-2220 for a free consultation.
Related Practice Areas
Dallas Criminal Defense | Fort Worth Criminal Defense | Fort Bend Criminal Defense | Collin County Criminal Defense | Houston Criminal Defense
