Rape Defense Attorney San Antonio TX

What Defines Rape/Sexual Assault in Texas?

Sexual assault, as rape is referred to by Texas law, is a felony of the second degree. It carries a maximum sentence of 20 years in prison and $10,000 in fines. Even after serving your sentence, you would be required to register as a sex offender, and would most likely continue to suffer the consequences of your conviction far into the future.

When you have so much at stake, you cannot afford to take any chances with the outcome of the case. Speak about the situation with nobody except your attorney. Law enforcement agencies will often employ “pre-text calls,” in which the alleged victim makes a recorded phone call to the suspect, requesting an apology or an explanation. Refer any requests for contact to my office as your legal representation, and let me guide you throughout the entire process.

If you have been accused of rape, you may feel like everyone is against you. The police have taken the side of the victim by arresting you, and the prosecutor representing the state of Texas has chosen to file charges against you in pursuit of your conviction. To make matters worse, you may find that your neighbors, co-workers, friends and even some of your family members are now distancing themselves from you and assuming that you are guilty of the charges. Due to the heinous nature of the offense, it is often easier to level accusations of rape than it is to defend against them. You may feel frustrated, anxious and helpless.

criminal interrogation

If you are facing charges for sexual assault, contact Law Office of Kerrisa Chelkowski to speak with an experienced San Antonio rape attorney.

What Are The Statutory Rape Laws in Texas?

In Texas the age of consent for sexual activity is 17 years old, anyone under that age may not give consent to an adult when engaging in sexual activity. While rape is still not a term that is commonly use in Texas legal system it will be considered the “Sexual Assault of a Child”.

The only exception to this is Texas’ “Romeo & Juliet” law which enables two consenting individuals to engage in sexual activity as long as they are 3 or fewer years apart and neither party is below the age of 14.

What Constitutes Aggravated Sexual Assault?

Generally, an aggravated sexual assault is an act of rape – including intercourse as well as oral or anal sexual contact – in which the victim suffers serious bodily injury. It also includes cases in which the rapist attempts to cause the death of the victim, or when he or she threatens serious bodily injury or death. Sexual assault can be increased to aggravated sexual assault, a felony of the first degree, under certain circumstances. When this is the case, the greatest possible penalty is a $10,000 fine and a sentence of life in prison. Texas Penal Code §22.021 describes the conditions under which aggravated sexual assault occurs.

Other factors that are considered aggravated sexual assault include:

  • Threats of injury
  • Threats of death
  • Kidnapping of other persons
  • Display of a deadly weapon
  • Gang rape
  • Use of date rape drugs
  • Rape of a child younger than the age of 14
  • Rape of an elderly or disabled individual

Retain a Reliable Legal Advocate – Free Consult

As soon as possible after you learn that you are being accused of rape, come to the Law Office of Kerrisa Chelkowski for a confidential case evaluation. I believe that everyone deserves fair treatment under law and a chance to prove their innocence, and I have more than a decade of experience serving as a former prosecutor and as a San Antonio sex crime lawyer.

I am ready to do everything in my power to seek to have the charges dismissed or reduced, and will not hesitate to fight for you in a full jury trial if that is what it takes to achieve a fair outcome in your case, whether you are accused of date rape or of aggravated sexual assault.