Dallas Rape Defense Lawyer

Sexual Assault (Rape) Charges in Texas

In Texas, the law refers to rape as sexual assault. If you are under investigation or facing an allegation of rape, hire an experienced, board-certified criminal defense attorney as soon as possible. Sexual assault is a felony. A conviction may result in several years in prison and a significant fine.

Prosecutors pursue rape cases aggressively in Texas. When you’re facing a sexual assault charge, your rights, freedom, and future are at risk. When you hire James Aulbaugh, you are working with a former Chief Felony Prosecutor and Board Certified Criminal Law Specialist who carefully examines every detail to fight for the best possible result in your case.

If law enforcement in Dallas targets you as part of a sexual assault investigation, contact an attorney immediately and do not answer questions until you have legal representation. Local police and district attorneys in Dallas County approach these allegations with utmost seriousness, often using specialized units to handle sex crime cases. Early legal intervention can help ensure your rights remain protected through interviews, potential charges, and any pretrial proceedings. Our team understands the procedures used by Dallas County law enforcement and courts, which can make a difference in how your case progresses from the very start.

Schedule your confidential consultation today or call (214) 380-3383 today!

The Criminal Defense Process in Dallas County

Navigating a sexual assault case in Dallas starts with understanding how local agencies handle investigations and criminal charges. After an arrest, authorities typically transport the accused to the Dallas County Jail for processing. Your first court appearance, known as an arraignment, occurs at a Dallas County courthouse, where a judge will explain your rights and set bail. Over the next several weeks or months, the case moves through various stages, including hearings for pretrial motions, possible plea negotiations, and, if necessary, a jury trial. Having a defense attorney present at every hearing is crucial for addressing procedural issues, arguing for fair bail, and ensuring prosecutors follow legal standards outlined by Texas Penal Code and local Dallas County rules. The local procedures mean every step, from arrest to trial, must follow county-specific timelines and policies that directly affect your options, deadlines, and next steps.

Defense Strategies for Rape & Sexual Assault Charges

Each sexual assault allegation requires a personalized defense built on facts, evidence, and Texas law. In Dallas County, a rape defense attorney may challenge the prosecution by questioning the credibility or consistency of accuser statements, examining forensic and physical evidence, and highlighting any procedural errors made by law enforcement. Common strategies include disputing identification, establishing a credible alibi, uncovering evidence of consent, or showing that investigators violated constitutional rights while gathering proof. In some cases, defense teams also scrutinize digital evidence, such as text messages or social media records, to support the client’s account. Because Dallas-area prosecutors rely on experienced sex crimes units, your defense benefits from a proactive approach that analyzes every angle of the case and draws on Board Certification and substantial courtroom experience.

Potential Consequences Beyond Sentencing

A conviction for rape or sexual assault in Dallas does not only lead to prison time. Texas law requires those convicted of these offenses to register as sex offenders. This designation restricts where you can live, your employment opportunities, and in some cases even limits your access to certain areas or community spaces in Dallas and throughout Texas. Convictions also carry social consequences, such as the risk of public record exposure and strained personal relationships. Some professional licenses and certifications may be revoked or become unreachable after a sex crime conviction, impacting your future career prospects. For Dallas residents, these consequences go beyond the courtroom, affecting daily life in significant ways. Understanding these risks is essential before deciding how to approach your defense, and an attorney familiar with Dallas County outcomes can help you plan accordingly.

What Are the Penalties for Rape in Texas?

Sexual assault (rape) is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

Aggravated sexual assault (rape) is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. If the offense involves someone under the age of 14, the minimum prison sentence is 25 years.

Beyond imprisonment, a conviction carries other significant consequences. Individuals convicted of sexual assault in Texas must register as sex offenders, which affects where you can live, your employment options, and your social life for years or even a lifetime. Dallas County courts may impose probation conditions that limit your movements and require counseling or treatment programs. Sentencing varies based on the facts of each case, past criminal history, and whether the charge falls under state or federal jurisdiction. Early legal advice can help you weigh the risks and understand your options before making decisions that may impact you for years to come.

What Is Rape?

In Texas, sexual assault occurs when someone engages in nonconsensual sexual conduct or contact with another person.

More specifically, a person commits sexual assault (rape) if they intentionally, knowingly, and without consent:

• Penetrate another person’s anus or sex organ.
• Penetrate another person’s mouth with their sex organ.
• Cause someone else’s sex organ to contact or penetrate another person’s mouth, anus, or sex organ.

Sexual assault also applies when someone engages in any of the acts above with a child (a person under 17 years of age). The individual may face charges regardless of whether consent was given or whether they knew the child’s age when the act occurred. This offense is often called statutory rape.

Sexual assault cases in Dallas can involve complex issues of evidence, including DNA analysis, electronic communications, and witness statements. Prosecutors and defense teams may rely on medical experts or forensic specialists to establish facts about the alleged incident. The legal system in Dallas County expects both sides to present thorough documentation and challenge any weaknesses in the opposing case. Understanding the full definition of sexual assault, the elements prosecutors must prove, and the types of evidence involved helps you make more informed decisions from the earliest stages of your defense.

How Is Aggravated Sexual Assault Determined?

Certain circumstances can enhance a sexual assault charge to aggravated sexual assault, including:

• Threatening the other individual so they believe they will be a victim of human trafficking or subject to death, serious bodily injury, or kidnapping
• Causing death, serious bodily injury, or kidnapping
• Using or displaying a deadly weapon
• Committing the act with another person
• Giving the alleged victim a drug that impairs their faculties, making them unable to understand what’s happening or resist
• Committing the act against a child under 14 years of age
• Committing the act against an elderly or disabled person

Aggravated sexual assault carries heightened penalties because lawmakers view these acts as more dangerous to the community. In Dallas County, prosecutors review the facts to determine if aggravating circumstances, such as the use of a weapon or injury to the alleged victim, should justify more severe charges. Factors like the age or vulnerability of the person involved, the presence of physical evidence, and the manner in which the incident occurred all play a role. This process often involves detailed investigations, and your defense attorney will address each potential enhancement to ensure accurate representation at every stage.

What Is Consent in Texas?

Sexual assault occurs when the alleged perpetrator does not have consent from the alleged victim to engage in sexual activity. In many sexual assault cases, the central question is whether the alleged victim legally provided consent.

Courts in Dallas evaluate consent by examining the circumstances leading up to and during the encounter. Judges consider whether any threats, force, or deception occurred and whether any impairment made a person unable to understand or resist what was happening. The legal definition of consent in Texas sets a high bar, and prosecutors must present evidence showing a lack of consent in order to secure a conviction. If your case involves disputed consent, your defense needs to address every detail, from communications between parties to possible misunderstandings or external pressures.

A sexual act is nonconsensual if it occurs:

• By use of force, violence, or coercion
• By use of threats that the alleged victim reasonably believes the actor will carry out
• When the alleged victim is unconscious or unable to resist
• When the alleged victim is mentally incapacitated, unaware of what’s happening, and unable to resist
• When the accused gave the alleged victim a substance to impair their faculties
• When the accused threatens another person and the alleged victim believes the threat will be carried out
• When the accused uses their role as a public servant, such as a police officer, to coerce the alleged victim
• When the accused is a mental health provider, clergyman, employee of a facility where the alleged victim lives, or healthcare provider who uses their role or knowledge of the alleged victim’s mental state to make them participate in sexual conduct

James Aulbaugh is a former Chief Felony Prosecutor and Board Certified Criminal Law Specialist who will aggressively represent you to seek the best outcome in your case. Contact us today!