If you have been charged with sexual assault in Texas, you face serious legal consequences and damage to your reputation. An accusation of sexual assault can affect every area of your life.
That’s why it’s so important to contact an experienced Dallas sexual assault defense lawyer at Broden & Mickelsen, LLP. Call us today for a free consultation about your case.
How an Experienced Dallas Sex Crimes Lawyer Can Help
With more than 60 years of combined criminal defense experience, Broden & Mickelsen, LLP provides skilled legal representation. Clint Broden and Mick Mickelsen are certified by the Texas Board of Legal Specialization as board-certified specialists in criminal law and criminal appellate law.
We have successfully handled numerous sex crimes across the Lone Star State, including the following:
- Our client was found NOT GUILTY of all charges alleging he sexually assaulted a woman he met at a Collin County wedding.
- A client in Ellis County faced 25 years to life in prison for the alleged sexual assault of a child. The state DISMISSED THE CASE after we prepared a strong defense.
- Our client in Dallas County was found NOT GUILTY of the sexual abuse of his granddaughter.
- A Dallas County jury found our client NOT GUILTY of sexually abusing his stepdaughter.
- In Navarro County, our client’s sexual assault of a minor charges were FULLY DISMISSED following our cross-examination of the detective, who was ultimately charged, tried, and convicted of perjury.
- A Rockwell County grand jury REFUSED TO INDICT our client, who was charged with sexual assault of a woman he met online.
- We fully investigated the woman’s background and prepared a grand jury packet.
Here’s what one of our satisfied clients had to say about us:
“We hired Mick [Mickelsen] to help in a legal situation in our family. He knows the law and how to get things done! Mick was always prompt to answer any calls, emails, and texts, and had a way to explain the law and processes so we could understand them. Mick is meticulous, detailed, and diligent. He is an advocate for the client and family! We were able to receive a favorable outcome! Highly recommended if you need a great attorney!”
When you retain our legal services for a sexual assault case, our defense team can support you by doing the following:
- Explaining the criminal charges you are facing and evaluating potential defense strategies
- Analyzing DNA and physical evidence while challenging the prosecution’s overall case theory
- Filing pre-trial motions to suppress evidence or dismiss the case entirely
- Selecting a jury strategically and cross-examining prosecution witnesses during trial
- Introducing favorable defense evidence in court to contest the allegations
- Advocating for reduced sentencing or penalties to avoid a severe conviction
- Pursuing appeals and seeking post-conviction relief if needed
How Is Sexual Assault Defined in Texas?
Texas law defines sexual assault as intentionally or knowingly committing any of the following acts:
- Penetrating another person’s anus or sexual organ without the other person’s consent
- Penetrating another person’s mouth with the actor’s sexual organ without the consent of the alleged victim
- Causing a person’s sexual organ to penetrate the sexual organ, mouth, or anus of the actor or another person without that person’s consent
- Penetrating a child’s mouth, anus, or sexual organ in any way
- Penetrating a child’s mouth with the actor’s sexual organ
- Causing any contact between a child’s sexual organ, mouth, or anus and those of another person
- Causing a child’s anus to contact the mouth, anus, or sexual organ of anyone else
- Causing a child’s mouth to contact the anus or sexual organ of anyone else
Under the Texas Penal Code, the sexual act is considered without the other person’s consent when the defendant commits the sexual act by:
- Using physical force, violence, or coercion
- Threatening to use physical force or violence against the other person or someone else or threatening to harm them
- Knowing the other person is unconscious, disabled, or physically unable to resist
- Knowing the other person is unaware the sexual offense is occurring
- Intentionally impaired the other person without their knowledge
- Being a public servant who coerces the other person to submit or participate
- Being a mental health services provider or a health care services provider who gets the other person to submit or participate by exploiting their emotional dependency on them
- Being a clergyperson or spiritual adviser who gets the other person to submit or participate by exploiting their emotional dependency on them
- Being an employee of a facility where the alleged victim is a resident
- Being a health care services provider who uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of the material from the donor
- Being a coach or tutor who causes the other person to submit or participate by using their power or influence to exploit the other person’s dependency on them
- Being a caregiver hired to assist the other person with activities of daily living and causing them to submit or participate by exploiting their dependency on them
Texas defines aggravated sexual assault as committing sexual assault while also:
- Causing serious bodily injury or attempting to kill the victim or another person
- Placing the victim in imminent fear of death, kidnapping, or serious injury
- Threatening to sexually assault, injure, kidnap, or kill anyone in the presence of the sexual assault victim
- Using or exhibiting a deadly weapon
- Acting in concert with another person who does any of the above
- Giving the victim any substance that impairs their ability to understand what is happening or resist it
Texas also defines a sexual assault as aggravated if the victim is elderly, disabled, or under 14 years of age. Our Dallas sexual assault defense attorneys also specializes in child molestation crimes.
Texas defines continuous sexual abuse as the commission of two or more acts of sexual abuse over a period of 30 days or longer by an adult who is 17 years old or older against a child under 14 or a disabled person.
Texas statutes define indecent exposure as an individual who intentionally exposes their genitals or anus with the purpose of sexually arousing or pleasing another person, without taking into account the presence of anyone else who may be offended or alarmed.
Frequently Asked Questions
Can the Person Who Reported Sexual Assault Drop the Charges in Texas?
No. Once a report is made, the State of Texas files the case, and only the prosecuting attorney (the State) has the legal authority to dismiss or drop the charges. That’s because a crime is considered an offense against the state, not just the individual. In addition, the person who reported the assault is a “complaining witness” for the state, not a party to a lawsuit.
How Long Can a Sexual Assault Investigation Take in Texas?
It typically takes three to twelve months to decide whether to file formal charges. However, complex cases involving extensive digital data or substantial forensic backlogs can take longer than a year. In addition, state-level cases often face protracted delays, multiple trial resets, and extended timelines because the state’s historical Speedy Trial Act was ruled unconstitutional in 1987.
Can Text Messages or Social Media Posts Be Used in a Sexual Assault Case?
Yes. Modern criminal trials often become “he said, she said” scenarios, so digital communications are often the most critical evidence. Under Texas evidentiary rules, these digital trails can strongly incriminate a defendant or completely dismantle false accusations.
What Is the Statute of Limitations for Sexual Assault in Texas?
Most adult sexual assault charges in Texas must be filed within ten years of the date the offense occurred. However, there’s no time limit under the following specific circumstances:
- Sexual assault or sexual abuse cases involving a child
- A positive DNA match, if biological matter is collected during the investigation, subjected to forensic DNA testing, and does not match the victim or any other readily ascertainable person
- If probable cause shows the defendant is a serial offender
