Houston Indecent Assault Defense Attorney

In Houston, Texas, indecent assault addresses unwanted and offensive contact, making it a serious criminal offense. Under Texas Penal Code § 22.012, it is illegal to touch or expose certain body parts of yourself or another person without consent, including the non-consensual sharing of bodily fluids. While many view assault as physical violence, touching someone without permission can lead to significant legal consequences.

Historically, unwanted sexual touching was a Class C misdemeanor under “Assault – Offensive Contact.” However, the 86th Texas Legislature enacted the Indecent Assault law on September 1, 2019, classifying it as a Class A misdemeanor or, in certain cases, a state jail felony. This change underscores that even non-penetrative actions can result in severe penalties.

If you’re facing false accusations of indecent assault in Houston, Texas, seeking legal representation promptly is crucial. At Scheiner Law Group, our experienced Houston indecent assault defense lawyers are committed to supporting you through this complex legal process. Schedule a consultation with us today to discuss your case and your defense options.

What Exactly is Indecent Assault in Houston, Texas?

Indecent assault is a relatively recent addition to the Texas Penal Code, established during the 86th Legislative Session in 2019. Before this law was enacted, Texas lacked specific legislation prohibiting groping or inappropriate sexual contact with adults, aside from minor citations.

Senate Bill No. 194 effectively classified these actions as “assaultive,” integrating them into existing sexual assault statutes. Indecent assault typically arises in situations involving alleged sexual misconduct or unwanted sexual touching between individuals.

According to Texas Penal Code § 22.012, two key elements constitute an indecent assault violation: 1) the absence of consent, and 2) intentional sexual arousal or gratification of any person through the touching or exposure of any part of the genitals or anus. These elements underscore the seriousness of the offense and the emphasis on consent.

Legal Consequences of Indecent Assault

Prior to 2019, individuals caught groping could only face penalties similar to those for minor traffic violations. Now, indecent assault is classified as a Class A misdemeanor, which can lead to serious consequences, including up to one year in county jail and a fine of up to $4,000. One notable aspect of this law is that a conviction for indecent assault does not require the individual to register as a sex offender in Texas, distinguishing it from many other sex crimes.

Texas’s Indecent Assault Law

What makes an act of assault qualify as indecent in Texas? The state’s indecent assault law prohibits touching another person without their permission for the purpose of sexual gratification. Specifically, Texas Penal Code § 22.012 states that it is illegal to touch any of the following body parts of another individual without their consent:

  • Anus
  • Breasts
  • Any part of the genitals

Additionally, the law includes provisions against using one’s own or another individual’s body parts to make contact with someone else without consent. For instance, if a woman brushes her breasts against another person without permission to gratify herself or an onlooker, she could face charges under this statute.

Touching Intimate Parts Isn’t the Only Thing Prohibited

Texas’s indecent assault law extends beyond mere unwanted touching of intimate parts. It also criminalizes the exposure of someone else’s intimate areas without consent, including:

  • Genitals
  • Pubic area
  • Anus
  • Buttocks
  • Female areola

For example, if someone forcibly lifts a woman’s shirt to expose her breasts for their own sexual gratification, they could be charged with indecent assault.

Moreover, this law encompasses acts that involve making someone contact another person’s bodily fluids—such as semen, vaginal fluid, saliva, urine, or feces—without consent, further highlighting the serious nature of these offenses.

What is The Difference Between Sexual Assault and Indecent Assault?

As societal norms evolve, the understanding of what constitutes acceptable behavior has shifted significantly. Actions that were once seen as benign can now lead to serious sex crime charges in Houston, such as indecent assault or sexual assault. Knowing where the line is drawn between friendly gestures and criminal conduct is essential for everyone.

Assault occurs when a contact is unwanted and made with the intent of sexual gratification. In the United States, a person becomes a victim of sexual assault every two minutes, with staggering statistics indicating that in Texas, 2 in 5 women and 1 in 5 men have experienced sexual assault. Most of these incidents occur in familiar settings, and 90% of victims know their assailant.

With Texas ranking as the 15th most dangerous state for sexual assault and rape, understanding the nuances of Texas law regarding indecent and sexual assault is crucial.

Indecent Assault vs. Sexual Assault

While both indecent assault and sexual assault involve sexual contact without consent, they differ significantly in severity and the nature of the actions. Indecent assault is typically considered a lesser offense, primarily addressing cases of groping or inappropriate touching. Conversely, sexual assault is categorized as a felony, involving non-consensual sexual penetration or coercive sexual acts.

The primary distinction between the two lies in the nature of the contact: indecent assault involves non-penetrative acts, such as inappropriate touching or exposure, while sexual assault includes more severe offenses, typically involving penetration.

In Texas, sexual assault carries harsher penalties, including longer prison sentences and steeper fines. In contrast, indecent assault is generally charged as a misdemeanor, though it still carries serious legal implications.

If you find yourself facing accusations related to either of these offenses, it is vital to seek guidance from a knowledgeable Houston sex crime defense lawyer. At Scheiner Law Group, our experienced indecent assault attorneys in Houston, Texas, are committed to defending your rights and providing the legal support necessary to navigate these complex situations.

Our team is ready to assist you with your case, ensuring you receive the representation you deserve. If you need an attorney, don’t hesitate to reach out for assistance today.

Is Groping Illegal in Texas?

Yes, groping is illegal in Texas and is categorized as indecent assault under Texas Penal Code § 22.012. This offense involves inappropriately touching another person’s intimate areas—such as the anus, breasts, or genitals—without their consent, with the intent to arouse or gratify sexual desire.

Even a brief or seemingly trivial contact can lead to serious criminal charges if it occurs without explicit consent. The law is designed to safeguard individuals from unwanted and offensive physical contact, emphasizing that consent is essential in any intimate interaction.

Why Did Texas Criminalize Groping?

Prior to the introduction of the indecent assault law in September 2019, Texas was one of only six states lacking specific legislation addressing groping or inappropriate sexual contact. Existing laws primarily focused on sexual assault involving penetration or cases involving minors under 17. As a result, individuals accused of groping were often charged with “assault by offensive contact,” a Class C misdemeanor that carried only a $500 fine and no potential for jail time.

Recognizing the inadequacy of these penalties, the Texas legislature aimed to enhance accountability for such offenses. The change raised the severity of groping from a mere citation to a Class A misdemeanor, aligning it more closely with assault by bodily injury. This adjustment reflects a commitment to preventing indecent assault and protecting victims from unwanted sexual advances.

If you find yourself facing accusations related to groping or indecent assault, consulting a knowledgeable Houston indecent assault lawyer is crucial. At Scheiner Law Group, we are dedicated to providing you with the legal support you need during this challenging time. Our experienced team is here to help you navigate your case effectively.

What Are The Penalties and Consequences of Being Charged With Indecent Assault in Houston, Texas?

Being charged with indecent assault in Texas can lead to significant legal consequences. Under Texas Penal Code § 22.012, this offense is generally classified as a Class A misdemeanor, punishable by up to one year in jail and fines reaching $4,000. In addition to these criminal penalties, individuals convicted of indecent assault may face mandatory registration as a sex offender, a designation that can have lifelong implications for employment, housing, and personal relationships.

Types of Indecent Assault Charges

Indecent assault charges can vary based on the nature of the act and the circumstances surrounding it. Here are the primary categories:

  1. Indecent Assault: This broad category includes any unwanted touching of another person’s intimate areas or clothing covering those areas.
  2. Indecent Assault with Threat of Violence: This charge involves using threats, intimidation, or force to achieve unwanted physical contact.
  3. Indecent Assault on a Child: This applies to any sexual contact with individuals under 17 years of age. The penalties in these cases can vary significantly based on the child’s age and the specifics of the contact.

Additional Penalties

In 2023, the Texas legislature introduced enhancements for repeat offenders and for offenses committed by healthcare or mental health service providers during their treatment of a victim. In such instances, the offense may be elevated to a state jail felony or even a third-degree felony for repeat offenders, which carries more severe penalties, including longer prison sentences and higher fines.

Importance of Consent

Texas law emphasizes the necessity of affirmative consent. This means that a clear, knowing “yes” is required for any sexual activity. Silence, intoxication, or passive non-resistance do not constitute consent, and individuals can withdraw consent at any time. Continuing any form of sexual contact after consent has been withdrawn may be classified as assault.

If you are facing accusations of indecent assault, seeking the guidance of an experienced Houston sex crime defense lawyer is crucial.

I’m Also Being Charged With Indecent Exposure and Public Lewdness, Is That Legal?

When charged with indecent assault, it’s not uncommon for individuals to also face additional allegations, such as indecent exposure and public lewdness. These charges can complicate your legal situation and lead to more severe penalties.

Indecent Exposure

Under Texas Statutes Section 21.08, a person commits indecent exposure when they intentionally expose any part of their genitalia or anus in public with the intent to arouse or gratify sexual desire for themselves or another person. The charge heavily depends on the alleged offender’s intent and whether they recklessly exposed themselves in the presence of others, knowing it would likely alarm or offend them.

In Texas, indecent exposure is classified as a Class B misdemeanor, punishable by:

  • Up to 180 days in jail
  • A fine of up to $2,000

Public Lewdness

Another crime often associated with indecent assault is public lewdness, defined under Texas Penal Code § 21.07. A person is guilty of public lewdness if they engage in sexual acts in a public area where they could reasonably expect to offend or alarm others. The acts may include:

  • Sexual contact
  • Sexual intercourse
  • Deviate sexual intercourse

To clarify these terms:

  • Sexual intercourse: Any penetration of the female sex organ by the male sex organ.
  • Deviate sexual intercourse: Contact with the genitals, mouth, or anus of another person, or penetration of the genitals or anus by an object.
  • Sexual contact: Groping another person’s anus, breast, or genitals for sexual gratification.

Public lewdness is classified as a Class A misdemeanor, with penalties that can include:

  • Up to one year in jail
  • A fine of up to $4,000

What Are Some Defenses Against Charges of Indecent Assault in Texas?

Facing indecent assault charges can be a harrowing experience, especially when the allegations are false. False accusations can severely damage a person’s reputation and lead to dire legal consequences. While it’s crucial to support survivors of sexual offenses, it’s equally important to ensure that the accused have the opportunity to defend themselves.

Below are some common defenses individuals can employ when confronted with false allegations.

Lack of Consent

One of the primary defenses in cases of indecent assault is proving that the alleged encounter was consensual. Consent is a critical factor in distinguishing lawful sexual activity from a criminal offense. For consent to be valid, it must be given freely, informed, and enthusiastic. If the accused can present evidence—such as text messages, emails, or witness testimonies—that demonstrates the victim willingly participated in the encounter, it can be a strong defense against the allegations.

Mistaken Identity

Mistaken identity can occur when the wrong person is accused of the crime. Eyewitness accounts can be unreliable, and in some instances, the accuser may genuinely misidentify the perpetrator. Providing an alibi or presenting witnesses who can testify to your location during the alleged incident can help establish that you were not the person who committed the act.

False Allegations

Individuals may make false allegations out of anger, revenge, or misunderstanding. In such cases, it is vital to present evidence that illustrates the accuser’s potential motives for fabricating the claims. This could include messages or statements revealing ill intent toward the accused.

Inconsistent Statements

Accusers may provide inconsistent or contradictory statements regarding the alleged incident. A skilled Houston sex crime defense lawyer can scrutinize these discrepancies, using them to challenge the credibility of the accuser’s testimony. Reviewing medical records, witness accounts, and other forms of evidence can help uncover inconsistencies that bolster your defense.

Character Witness Testimonies

Character witnesses can play an essential role in establishing the accused’s credibility. Friends, family, or colleagues who can attest to your moral character and integrity can help create reasonable doubt in the minds of jurors regarding the likelihood of the accused committing the alleged crime.

Withdrawal of Consent

In some cases, the accuser may initially consent to the encounter but later withdraw that consent. The defense can argue that the accused immediately ceased any sexual activity upon the withdrawal of consent. Supporting evidence, such as communication records or witness statements, can be vital in affirming that the accused respected the boundaries set by the accuser.

Expert Testimony

Expert witnesses can provide valuable insights that may aid in the defense. Forensic specialists, psychologists, or medical professionals can testify on matters such as the absence of physical evidence or the psychological state of the accuser. Their expertise can help clarify complex issues for jurors and raise doubts about the prosecution’s claims.

Experienced Sex Offense Defense Lawyers in Houston, Texas

At Scheiner Law Group, we are dedicated to defending individuals against false allegations of indecent assault in Houston. We understand the profound impact such accusations can have on your life and reputation. Our experienced Houston sex crime defense lawyers are committed to providing you with a robust defense, ensuring your rights are protected every step of the way.

If you find yourself facing these serious charges, don’t hesitate to reach out for the support and expertise you deserve.