Sexual Assault

Sexual assault, commonly referred to as “rape,” is a serious sexually motivated offense that carries life-altering penalties. Many are under the common misconception that a person can only be charged with sexual assault if the other person verbally declined or physically resisted the sexual act. However, the reality is the issue of consent under Texas law is complicated.

There are a variety of situations where sexual activity can be considered nonconsensual, even if one of the parties involved was unaware of that fact. The alleged victim does not have to verbally or physically resist for a sexual act to become rape. To learn more about the laws surrounding sexual assault in Texas, speak to a qualified Texas sexual assault lawyer with The Law Office of Jackson F. Gorski.

Austin Sexual Assault Defense Lawyer | Travis County & Williamson County

Sexual assault is one of those crimes where a simple accusation could ruin an individual’s reputation and standing in the community. For that reason alone, it’s imperative you secure legal counsel as soon as possible to fight these accusations. The legal team at The Law Office of Jackson F. Gorski is a defense firm that has a special focus on sex crimes such as sexual assault. Attorney Jackson F. Gorski can utilize his experience and skills to fight for the best possible outcome for your case.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling our firm at 512-960-4646 or simply submit an online contact form. The Law Office of Jackson F. Gorski has offices in both Austin and Georgetown and accepts clients in other various counties including Travis County, Williamson County, Hays County, Caldwell County, Bell County, Bastrop County, Lee County, Milam County, and Burnett County.


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Defining Sexual Assault in Texas

The term sexual assault is often used in TV dramas, movies, and the nightly news for various depictions of illegal sexual acts. However, the term sexual assault has a specific legal definition under the Penal Code, and this is the only definition the court will utilize. According to the laws listed under the Texas Penal Code 22.011, sexual assault is defined as intentionally and knowingly doing any of the following acts:

  • Penetrating the mouth with a sexual organ without the alleged victim’s consent
  • Causing another person’s sexual organ to penetrate or come in contact with the anus, mouth, or sexual organ of another without their explicit consent
  • Penetrating the sexual organ or anus of another without their permission

It must be noted, an adult can be charged with statutory rape even if the alleged victim wholeheartedly consented to the act. The crime of statutory rape occurs if an individual commits any of the above acts with a minor under the age of 17. The reason for this is that Texas law states children of that age are unable to consent to sexual activity.


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Penalties for Sexual Assault in Texas

Since sexual assault is such a destructive offense that can leave the alleged victim seriously harmed, it carries harsh penalties. For that reason, the maximum penalties for sexual assault are some of the harshest of any criminal offense under the Penal Code. If convicted of the crime, an individual may face the following penalties for the crime:

  • Up to 20 years in prison
  • Up to $10,000 in fines
  • Mandatory lifetime registration as a sex offender

It’s important to note that any sexual assault committed on a child or that fits the elements for aggravated sexual assault will result in enhanced penalties.


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Defenses for Sexual Assault in TX

Just because a person claims they were raped should never imply that the accused is guilty, but only that an accusation was made. There have been many cases where false allegations of sexual assault were only aspects of a greater strategy that involved damaging the reputation or credibility of the defendant. This happens all the time in familial disputes, public smearing as is done with politicians and celebrities, and in cases where one person was far more emotionally vested in a relationship only to find out, they were alone, or marginal at best.

Even if there’s no clear evidence of a sexual assault, the Travis County District Attorney might decide to pursue the charge anyway. In situations like these, having the right criminal defense lawyer on your side is paramount.


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Additional Resources

Texas Association Against Sexual Assault– The Texas Association Against Sexual assault is a non-profit nonpartisan organization committed to ending sexual violence in Texas through advocacy, prevention, and raising public awareness. Access the site to read their resources, look at their various programs, and how to get help.

Sexual Assault Laws | Texas Penal Code– Visit the website for the Texas Statutes to read the statutory text for sexual assault and other crimes under State law. Access the site to read the elements of the crime, admissible defenses, penalties, and other related offenses.


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Rape Defense Lawyer in Travis County, TX

If you or someone you know has been arrested for rape or any other sexually motivated crime, contact the legal team at The Law Office of Jackson F. Gorski. Attorney Jackson F. Gorski has proven experience defending sexual assault cases. He can fight to protect your rights by utilizing his vast skills, resources, and extensive network to draw on. Attorney Gorksi understands how devastating these accusations can be and will work tirelessly to fight for your rights.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling us at 512-960-4646. The Law Office of Jackson F. Gorski has offices in Austin and Georgetown, Texas.


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