Waterbury Law, P.C.

Call for Free Consultation
(214) 630-4554

Sexual Assault

Texas state law defines sexual assault as non-consensual penetration with any object by one person against another. Consent implies the specific communication of “yes.” Silence does not indicate consent; it must be freely given. Consent obtained by force is invalid. Force includes threats, intimidation, emotional pressure and coercion. There are three categories of people who cannot legally give consent:

  • Children. Texas Penal Code defines “child” as a person under 17 years of age who is not married to the person in question
  • Persons under the influence of alcohol or other drugs, i.e. one who is impaired, intoxicated, or incapacitated
  • Persons who are mentally incapacitated.

Victims are urged, but not required by law, to report the offense immediately to law enforcement representatives in order to begin the collection of evidence and to preserve the option for pursuing future legal action. If a victim wishes to remain anonymous during the process, a pseudonym can be provided.

Reporting a sexual offense:

  • Report the crime immediately
  • Do not shower, douche or change clothing. If the victim has already changed clothes, put them in a paper bag, as plastic bags may change the chemical composition of the evidence.
  • The victim should go to the hospital for a physical examination
  • The victim should seek emotional help. Contact the Texas Association Against Sexual Assult for more information.

Any accusation of a sex crime must be taken very seriously, as the consequences can be devastating and may include jail time, fines, probation, or sex offender registration. For information, click the topics below:

Sexual Assault

  • In the Home
  • In the Workplace
  • In School

(click tabs below for more information)

Sexual Assault in the Home

About 20% of rapes occur in the home of a friend, neighbor, or relative. In Texas, 58% of sexual assault crimes were committed by someone the victim knew, and 37% by a relative. Filing a sexual assault charge against a friend or family member is one of the most emotionally difficult ordeals an individual can face in a court of law. The crime itself is difficult enough to cope with, but making a public record of it can intensify the emotional pain. Bringing the perpetrator to justice is essential, though, both for the purposes of punishment and prevention of future sexual assault crimes. An experienced attorney, sensitive to the nature of these painful cases, is essential to ensuring a solid case and proper conviction.

If you believe you may have a sexual assault case, contact us today for more information.

Sexual Assault at School

Sexual assaults can happen anywhere, and increasingly and tragically, schools are the location of this horrible crime.  Children deserve to be safe at school.  However, recent studies indicate that schools are often where children are most at risk to be sexually assaulted.

A 2001 report commissioned by the American Association of University Women found that eight of every 10 students in grades 8 through 11 reports having been sexually harassed at school, most often by peers. One-third of students surveyed said they were first harassed in grade school.
It is important that persons responsible for assaulting children be brought to justice.  It is equally important that schools take every precaution to assure the safety and well being of children.  Unfortunately, many schools do not take the necessary steps to guarantee that all children can attend school safely.  Children should not be concerned that their safety and well being is at risk every time they go to school.

If you believe you may have a sexual assault case, contact us today for more information.

Sexual Assault in the Workplace

The United States Department of Justice reports that women are the victims in 80 percent of rapes and sexual assaults that take place in the workplace – at least 29,000 acts of rape or sexual assault each year.

Sexual assault is any sexual act in which the victim is subjected to unwanted touching, fondling, kissing, groping, and rape.  Victims are often afraid to report an assault for a variety of reasons.  Unfortunately sexual assault victims are often ignored or not provided with information and resources available to them.
  
Sexually abusive behavior may give rise to liability on the part of the offending party as well as by those who foster or permit such conduct to occur. Sexual assault is a crime in Texas, and may also result in severe civil penalties.  It is vital that those who commit this horrific crime not be allowed to avoid justice.  Victims of sexual assault no matter where they occur should always feel assured that they will receive the justice they deserve.  We can and will assist victims obtain the justice they deserve.

If you believe you may have a sexual assault case, contact us today for more information.