Houston Sexual Assault Lawyer | Sex Crimes Defense

A sexual assault charge in Houston can destroy your career, family, and freedom. Texas prosecutes sex crimes aggressively, and Harris County is no exception. Whether you’re facing accusations of sexual assault, aggravated sexual assault, or another sex offense, you need an experienced defense attorney who will fight to protect your rights and your future.

At Varghese Summersett, our Houston criminal defense attorneys have successfully defended clients against the full spectrum of sex crime allegations. Our team has achieved over 1,600 dismissals and 800 charge reductions. We understand what’s at stake and how to build the strongest possible defense.

If you or a loved one has been accused of a sex crime in the Houston area, call us immediately at (281) 805-2220 for a free, confidential consultation.

Adult Sexual Offenses Under the Texas Penal Code

Texas law defines numerous sexual offenses, each carrying different penalties and consequences. Understanding exactly what you’re charged with is the first step toward building your defense. Below is a comprehensive breakdown of every adult sex crime under the Texas Penal Code.

Sexual Assault (Texas Penal Code § 22.011)

Under Texas Penal Code § 22.011, sexual assault occurs when a person intentionally or knowingly causes penetration of another person’s sexual organ or anus without consent, causes penetration of another person’s mouth by the actor’s sexual organ without consent, or causes another person’s sexual organ to contact or penetrate the actor’s mouth, anus, or sexual organ without consent.

Sexual assault is a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. However, the offense becomes a first-degree felony (5 to 99 years or life) if the victim was someone the actor was prohibited from marrying or purporting to marry.

Aggravated Sexual Assault (Texas Penal Code § 22.021)

Under Texas Penal Code § 22.021, aggravated sexual assault elevates a standard sexual assault charge when aggravating circumstances exist. These include causing serious bodily injury, attempting to cause death, using or threatening deadly force, using a date rape drug, or when the victim is elderly, disabled, or under 14 years old.

Aggravated sexual assault is a first-degree felony carrying 5 to 99 years or life in prison. When the victim is under 6 years old, or under 14 and certain aggravating factors exist, the minimum sentence increases to 25 years with no parole eligibility.

Indecent Assault (Texas Penal Code § 22.012)

Texas Penal Code § 22.012 creates the offense of indecent assault, which applies when someone touches another person’s intimate areas (anus, breast, or genitals) without consent and with the intent to arouse or gratify sexual desire. This offense was created to address non-penetrative sexual contact that fell outside traditional sexual assault statutes.

Indecent assault is a Class A misdemeanor punishable by up to one year in jail and fines up to $4,000. While less severe than felony sex charges, a conviction still carries serious consequences including potential sex offender registration.

Sexual Coercion (Texas Penal Code § 21.18)

Sexual coercion under Texas Penal Code § 21.18 occurs when a person intentionally threatens to commit an offense or take action that would harm another person to coerce that person into sexual conduct. This includes threats to reveal embarrassing information, damage reputation, or take other harmful actions to obtain sexual favors.

Sexual coercion is a state jail felony punishable by 180 days to 2 years in a state jail facility and fines up to $10,000.

Complete Chart: Sexual Assault Offenses, Classifications, and Penalties

The following chart provides a comprehensive overview of adult sexual offenses under the Texas Penal Code, including their classification and potential punishment ranges.

Offense	Penal Code	Classification	Prison/Jail Time	Max Fine
Sexual Assault	§ 22.011	2nd Degree Felony	2-20 years	$10,000
Sexual Assault (prohibited marriage)	§ 22.011(f)	1st Degree Felony	5-99 years/Life	$10,000
Aggravated Sexual Assault	§ 22.021	1st Degree Felony	5-99 years/Life	$10,000
Aggravated Sexual Assault (child under 6 or enhanced)	§ 22.021	1st Degree Felony (Enhanced)	25-99 years/Life	$10,000
Indecent Assault	§ 22.012	Class A Misdemeanor	Up to 1 year	$4,000
Sexual Coercion	§ 21.18	State Jail Felony	180 days – 2 years	$10,000
Prohibited Sexual Conduct (Incest)	§ 25.02	2nd Degree Felony	2-20 years	$10,000
Prohibited Sexual Conduct (ancestor/descendant)	§ 25.02(c)	1st Degree Felony	5-99 years/Life	$10,000
Indecent Exposure	§ 21.08	Class B Misdemeanor	Up to 180 days	$2,000
Public Lewdness	§ 21.07	Class A Misdemeanor	Up to 1 year	$4,000
Invasive Visual Recording	§ 21.15	State Jail Felony	180 days – 2 years	$10,000
Unlawful Disclosure of Intimate Visual Material	§ 21.16	State Jail Felony	180 days – 2 years	$10,000
Voyeurism	§ 21.17	Class C Misdemeanor	Fine only	$500
Voyeurism (subsequent offense)	§ 21.17	Class B Misdemeanor	Up to 180 days	$2,000

Additional Sexual Offenses Under Texas Law

Prohibited Sexual Conduct/Incest (Texas Penal Code § 25.02)

Under Texas Penal Code § 25.02, prohibited sexual conduct occurs when a person engages in sexual intercourse or deviate sexual intercourse with someone they know to be a relative within a prohibited degree of consanguinity. This includes parents, children, grandparents, grandchildren, siblings, aunts, uncles, nieces, and nephews.

Standard prohibited sexual conduct is a second-degree felony. However, when the offense involves an ancestor or descendant, it becomes a first-degree felony punishable by 5 to 99 years or life in prison.

Indecent Exposure (Texas Penal Code § 21.08)

Indecent exposure under Texas Penal Code § 21.08 occurs when a person exposes their anus or any part of their genitals with intent to arouse or gratify the sexual desire of any person, and they are reckless about whether another person who would be offended or alarmed is present.

This offense is a Class B misdemeanor punishable by up to 180 days in jail and fines up to $2,000. While considered a lower-level offense, it can still result in sex offender registration requirements depending on the circumstances.

Public Lewdness (Texas Penal Code § 21.07)

Public lewdness under Texas Penal Code § 21.07 occurs when a person knowingly engages in sexual intercourse, deviate sexual intercourse, or sexual contact in a public place or if not in a public place, is reckless about whether another person who would be offended or alarmed is present.

This is a Class A misdemeanor carrying up to one year in jail and fines up to $4,000.

Facing a sex crime accusation can feel overwhelming, but you don’t have to face it alone. Our attorneys have decades of combined experience defending clients against serious allegations. To discuss your case confidentially, call (281) 805-2220 to schedule a free consultation.

Invasive Visual Recording (Texas Penal Code § 21.15)

Invasive visual recording criminalizes photographing or recording another person’s intimate areas without consent when that person has a reasonable expectation of privacy. This includes “upskirting,” recording someone in a bathroom or dressing room, and similar voyeuristic conduct.

This offense is a state jail felony punishable by 180 days to 2 years in state jail and fines up to $10,000.

Unlawful Disclosure of Intimate Visual Material (Texas Penal Code § 21.16)

Often called the “revenge porn” statute, this offense criminalizes disclosing intimate visual material of another person without consent when the material was obtained under circumstances where there was an understanding it would remain private, the disclosure causes harm, and the person depicted is identifiable.

This is a state jail felony carrying 180 days to 2 years in state jail and fines up to $10,000.

Harris County Bond Amounts for Sexual Offenses

If you’re arrested for a sex crime in Harris County, you’ll be held at the Harris County Jail until you can post bond or appear before a magistrate. Understanding typical bond amounts can help you prepare for the immediate financial requirements of your case.

Based on our analysis of over 45,500 bonds set in Harris County, here are the typical bond amounts for sexual offenses:

Offense	Number of Cases	Average Bond	Most Common Bond
Sexual Assault (§ 22.011(a)(1))	82	$72,390	$50,000
Sexual Assault – Child (§ 22.011(a)(2))	55	$82,000	$50,000
Aggravated Sexual Assault (§ 22.021)	25	$194,600	$50,000
Aggravated Sexual Assault – Child (§ 22.021(a)(2)(B))	90	$118,056	$100,000
Sexual Assault – Prohibited/Purported Spouse (§ 22.011(f)(1))	11	$105,455	$50,000
Sexual Assault – Bigamy (§ 22.011(f)(1))	7	$109,286	$100,000
Indecent Assault (§ 22.012)	74	$6,451	$5,000
Sexual Coercion (§ 21.18)	2	$10,000	$10,000
Prohibited Sexual Conduct – Ancestor/Descendant (§ 25.02(c))	1	$100,000	$100,000

Bond amounts vary significantly based on factors including criminal history, the specific allegations, ties to the community, and the judge assigned to your case. Having an experienced defense attorney advocate for a reasonable bond can make a significant difference in whether you’re released pending trial.

Common Defenses to Sexual Assault Charges

Every sex crime case is unique, but experienced defense attorneys know how to identify weaknesses in the prosecution’s case. Common defense strategies include:

Consent: In adult sexual assault cases, the central issue is often whether the alleged victim consented to the sexual activity. This defense involves examining all communications, witness statements, and circumstances surrounding the alleged offense.

False Accusations: Unfortunately, false accusations of sexual assault do occur. Motivations can include custody disputes, relationship conflicts, financial incentives, or mental health issues. Our attorneys thoroughly investigate the accuser’s background and potential motives.

Insufficient Evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. In many cases, particularly those involving delayed reporting, physical evidence may be limited or nonexistent.

Mistaken Identity: In some cases, particularly stranger assaults, the wrong person may be accused. We work with investigators and forensic experts to challenge eyewitness identification and DNA evidence when appropriate.

Constitutional Violations: If law enforcement obtained evidence through illegal searches, coerced confessions, or other constitutional violations, that evidence may be suppressed.

Our firm recently achieved a significant victory when prosecutors rejected sexual assault charges against our client before formal charges were ever filed. The case involved serious allegations, but our attorney conducted an independent investigation that revealed significant credibility issues with the accuser’s account. Past results do not guarantee future outcomes, but this case illustrates the value of aggressive early defense work.

What Happens After an Arrest for Sexual Assault in Houston

Understanding the criminal justice process can help reduce anxiety and allow you to make informed decisions about your defense.

Arrest and Booking: After arrest, you’ll be transported to the Harris County Jail for booking. This process includes fingerprinting, photographing, and collecting personal information.

Magistration: Within 48 hours of arrest, you’ll appear before a magistrate who will inform you of the charges, set bond, and advise you of your rights. Having an attorney present at this hearing can result in lower bond amounts.

Grand Jury: For felony charges, the case must be presented to a grand jury, which decides whether sufficient evidence exists to formally indict you. Our attorneys can sometimes present evidence to the grand jury that results in a “no bill” (refusal to indict).

Arraignment: After indictment, you’ll be formally arraigned and enter a plea. Nearly all defendants initially plead not guilty while their attorney investigates the case.

Discovery and Pretrial Motions: Your attorney will obtain all evidence the prosecution has against you and file appropriate motions to suppress illegally obtained evidence or challenge procedural issues.

Negotiation or Trial: Depending on the evidence, your case may resolve through negotiation with prosecutors or proceed to trial. Our attorneys are experienced trial lawyers who aren’t afraid to take cases before a jury when necessary.

The Collateral Consequences of Sex Crime Convictions

Beyond prison time and fines, a sex crime conviction carries devastating long-term consequences:

Sex Offender Registration: Most sex crime convictions require registration as a sex offender. Depending on the offense, registration may be required for 10 years, lifetime, or lifetime with restricted movement. This information is publicly available and affects where you can live, work, and even travel.

Employment: A sex crime conviction makes employment in many fields impossible. Education, healthcare, childcare, and many other industries conduct background checks that will reveal your conviction.

Housing: Sex offenders face severe restrictions on where they can live. Many apartment complexes and neighborhoods are off-limits due to proximity restrictions to schools, parks, and other locations where children gather.

Custody and Family: A sex crime conviction can result in loss of custody or visitation rights with your children. It may also affect your ability to interact with other family members’ children.

Immigration: For non-citizens, a sex crime conviction is almost certainly a deportable offense that will result in removal from the United States and permanent inadmissibility.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your sex crime case, you get a team of over 70 legal professionals with offices in Houston, Fort Worth, Dallas, and Southlake. Our attorneys include Board Certified Criminal Law Specialists and former state and federal prosecutors who understand how the other side thinks.

We begin working on your case immediately. This includes:

Conducting an independent investigation into the allegations, including interviewing witnesses, reviewing all available evidence, and identifying potential defense strategies.

Challenging the prosecution’s case at every stage, from bond hearings through trial if necessary.

Keeping you informed throughout the process so you can make educated decisions about your defense.

Fighting for the best possible outcome, whether that means dismissal, reduction, acquittal, or minimizing consequences if a plea becomes necessary.

Sex crime allegations are among the most serious you can face. Don’t trust your future to an inexperienced attorney. Call (281) 805-2220 today to speak with a Houston sex crimes defense attorney.

Frequently Asked Questions

Can sexual assault charges be dropped in Texas?

Yes, sexual assault charges can be dropped, though the decision ultimately rests with the prosecutor, not the alleged victim. Prosecutors may dismiss charges when evidence is insufficient, when defense attorneys present exculpatory evidence, or when credibility issues arise with the accuser. Our firm has achieved dismissals and “no bills” from grand juries in sexual assault cases through aggressive early investigation and advocacy.

What is the statute of limitations for sexual assault in Texas?

For standard sexual assault (second-degree felony), there is no statute of limitations in Texas. This means charges can be filed at any time after the alleged offense. For aggravated sexual assault, there is also no statute of limitations. Some lesser sex offenses have limitations periods, but the most serious charges can be filed decades after the alleged conduct.

Do I have to register as a sex offender if convicted?

Most sex crime convictions require sex offender registration in Texas. The duration and requirements depend on the specific offense. Sexual assault typically requires lifetime registration, while some lower-level offenses may require registration for 10 years. Registration involves providing personal information, photographs, and regular check-ins with law enforcement. Failure to comply is itself a felony.

Can I get a sex crime charge expunged in Texas?

If your case is dismissed or you’re acquitted, you may be eligible for expunction, which destroys all records of the arrest and prosecution. If you receive deferred adjudication for certain offenses, you may be eligible for an order of nondisclosure, which seals (but doesn’t destroy) your record. However, sex offenses requiring registration are generally not eligible for nondisclosure.

Should I talk to police if I’m accused of a sex crime?

No. Never speak to law enforcement about sex crime allegations without an attorney present. Anything you say can and will be used against you. Even innocent statements can be twisted or taken out of context. Politely decline to answer questions and immediately contact a defense attorney. This is one of the most important decisions you can make in your case.

Talk to a Houston Sexual Assault Lawyer Today

A sex crime accusation threatens everything you’ve worked for. Your freedom, your family, your career, and your reputation are all on the line. The earlier you get an experienced defense attorney involved, the better your chances of a favorable outcome.

At Varghese Summersett, we’ve helped hundreds of clients facing sex crime allegations in the Houston area. We understand the fear and uncertainty you’re experiencing, and we’re ready to fight for you.

Call (281) 805-2220 now to schedule your free, confidential consultation with a Houston sexual assault lawyer.