Austin Indecent Assault Lawyer

Indecent assault, a serious offense involving non-consensual sexual contact, carries severe consequences in Texas if convicted, including potential jail time and fines.

If you are facing accusations of indecent assault or other sex crimes in Texas, it's crucial to know your rights.

Reach out to Cofer & Connelly, PLLC for a consultation with an experienced indecent assault attorney by calling ((512) 991-0576 or connect with us online.

What Is Considered Indecent Assault in Texas?

In Texas, the law defines indecent assault under Texas Statutes Section 22.012 in a manner that encompasses a range of non-consensual behaviors with a sexual undertone. To understand what constitutes indecent assault in Texas, it's essential to consider several key components outlined in the law.

Defining Physical Contact

First, the nature of the physical contact is central to defining indecent assault. The law specifies certain body parts, including the anus, breast, or genitals. If you touch another person's anus, breast, or any part of their genitals without their consent, this is considered indecent assault. This kind of physical contact is seen as inherently sexual, and doing so without consent crosses a legal boundary. Furthermore, if you use your own intimate body parts - specifically your anus, breast, or any part of your genitals - to touch another person, this too falls under the legal definition of indecent assault. The law here recognizes that the contact, particularly when involving these specific body parts, is likely to be viewed as sexual in nature.

Cases Involving Exposure

Secondly, indecent assault isn't limited to direct physical contact. The law extends to actions where you expose or attempt to expose another person's intimate areas - namely their genitals, pubic area, anus, buttocks, or, in the case of females, the areola. This part of the law addresses situations where someone is forced or coerced into revealing these areas or where they are exposed to others without their consent. This exposure is deemed as an assault on their decency and privacy.

Another aspect covered by the law is causing another person to come into contact with certain bodily fluids, which include seminal fluid, blood, saliva, vaginal fluid, feces, or urine. Forcing the contact is seen as a violation of personal boundaries and is categorized as indecent assault.

Is Consent a Factor in Indecent Assault?

A major element in all these actions is the absence of consent from the other party. Consent, or rather the lack of it, is what distinguishes an act as indecent assault under Texas law. Additionally, the intent behind these actions is a determining factor. For an act to be classified as indecent assault, it must be performed with the intent to arouse or gratify the sexual desire of any person. This intent aspect is important because it differentiates indecent assault from other forms of physical contact that might not have a sexual motive.

Penalties for Indecent Assault in Texas

Indecent assault is classified as a Class A misdemeanor under Texas law. As a Class A misdemeanor, the maximum penalty you can face for a first-time offense of indecent assault is up to one year in jail. Additionally, there may be a fine of up to $4,000. It's important to note that these are the maximum penalties, and the actual sentence can vary depending on the circumstances of the case and the decision of the court. If you are a repeat or habitual offender, the penalties can become more severe. Also, being charged for indecent assault does not preclude you from being charged with other forms of assault.

In some cases, alternatives to incarceration may be possible. These alternatives can include probation, community service, or mandatory participation in rehabilitation or educational programs. These options are typically considered based on various factors, including the nature of the offense, your criminal history, and any mitigating circumstances in your case.

Potential Defenses to Indecent Assault Charges

In facing charges of indecent assault under Texas law, you have several potential defenses that can be used. One common defense is the argument of consent. If you can demonstrate that the other person involved in the incident gave their consent to the actions that took place, this could serve as a strong defense. It's important to remember that consent must be clear and unmistakable.