The Woodlands Sexual Assault Lawyer

Sexual Assault Attorney in The Woodlands, TX

If you’re facing sexual assault charges, a conviction can undoubtedly alter the course of your life. A The Woodlands sexual assault lawyer can help you clear your name. Otherwise, your reputation, your career, and your livelihood could be at stake.

Don’t Wait to Hire a Sexual Assault Lawyer

Surginer Stewart, PLLC, attorneys have admission to two federal jurisdictions and licensing across multiple states. We are committed to standing by our clients throughout their cases, no matter what legal challenges they face. With over 30 years of combined experience, we have represented many sexual assault cases involving both misdemeanor and felony charges. Our transparency with clients and aggressive approach in court is incomparable in The Woodlands, TX.

What Is Sexual Assault?

In Texas, sexual assault is defined in Chapter 21 of the Texas Government Code. It defines various acts of sexual assault and the class of conviction for offenders. Some of these are listed below:

• Indecent exposure: A conviction for this crime is a class B misdemeanor for a first conviction, a class A misdemeanor for a second conviction, and a state jail felony for a third conviction.
• Improper relationship between educator and student: A conviction of this crime is a second-degree felony.
• Invasive visual recording: A conviction for this crime is a state jail felony.
• Unlawful electronic transmission of sexually explicit visual material: A conviction for this crime is a class C misdemeanor.
• Public lewdness: A conviction for this crime is a class A misdemeanor; if the offender is a previously convicted sexually violent predator, this crime is upgraded to a third-degree felony.

Sexual Assault in Texas

The Texas Statewide Prevalence Study on Sexual Assault, conducted in 2015, reported surprising statistics about sexual assault in Texas. The report showed that at least 33% of adults have been sexually assaulted in their lifetime. Among those, over 65% were victimized more than once. Most shocking is that 97% of sexual assault victims were assaulted by someone they knew.

Because of these alarming numbers, Texas is tough on those convicted of sex crimes. Having quality, professional legal representation is ideal for those facing charges related to sexual assault.

Evidence Required in Sexual Assault Cases

For the prosecution to prove that sexual assault occurred, the evidence must prove beyond a reasonable doubt that there was invalid consent or a lack of consent. This refers to the use of force, threat, or incapacity. Supporting evidence may include, when available, medical exams, rape kits, and forensic evidence, such as DNA.

Both physical evidence and intangible evidence are commonly used in sexual assault cases. This kind of evidence includes cell phone records, text messages, and digital evidence, like pictures, videos, or even social media posts. Witness testimony and third-party professional opinion statements are also common forms of evidence presented by the prosecution in sexual assault cases.

It is essential that evidence be properly preserved because most of the forms of evidence listed above can be easily deleted or destroyed. The nature of these cases is sensitive, and they require a special approach. You need a sexual assault lawyer who has experience representing clients charged with these types of crimes.

For The Woodlands sexual assault cases, evidence is stored at the Houston Forensic Science Center at 500 Jefferson Street, 13th Floor, Houston, Texas. Typical processing times for various types of evidence submitted, including rape kits and DNA results, are posted on their website.

Why Choose Surginer Stewart, PLLC?

The legal team at Surginer Stewart, PLLC, acts as advocates for all our clients throughout the legal process. We provide our clients with not only dedicated defense strategies but also support and guidance. Our client-focused approach is compassionate and attentive. The Woodlands sexual assault attorneys at our firm are transparent regarding your options and potential consequences. We explain everything to you, which is something few law firms take the time to do.

FAQs About Sexual Assault Charges

​Can I Be Sued for Sexual Assault in The Woodlands, TX?

Yes, you can be sued for sexual assault in The Woodlands in civil court. Victims may file claims against the person who assaulted them or an institution that failed to protect them. Civil claims are separate from criminal prosecution. Most civil claims filed by adults for acts of sexual assault have a five-year statute of limitations.

What Kind of Lawyer Do I Need for a Sexual Assault Case?​

If you are a defendant charged with a sexual assault crime, you need to hire a sexual assault lawyer, also called a criminal defense lawyer. Lawyers with a focused practice on criminal defense are ideal, as they have extensive knowledge about sexual assault laws, evidence requirements, and other specific characteristics of these sensitive cases.

How Much Can I Be Sued for Sexual Assault?

It’s difficult to determine how much you may be sued for sexual assault. Every case is unique, and there are many different factors that go into play before a settlement amount is determined. Some of the biggest factors that influence the settlement in a sexual assault claim are the cost of medical and psychological care for the victim and lost income. The abilities of the defense attorney are also reflected in civil sexual assault cases.

What Evidence Is Needed for Sexual Assault in The Woodlands, TX?

Common forms of effective evidence in sexual assault cases in Texas include properly preserved DNA and rape kit results, medical exam records, and other physical or medical testing evidence. It’s not uncommon to also see cell phone records, including emails, texts, and digital videos or pictures, submitted as evidence. Witness testimony and statements from professional third parties are also often included in evidence submitted by the prosecution.

Contact The Woodlands Sexual Assault Lawyers With Compassion

At Surginer Stewart, PLLC, we are committed to providing understanding and attentive legal services to all our clients. If you’re facing charges for sexual assault, know that everyone has the right to due process. We can protect that right for you. Connect with us online or call to schedule a consultation to discuss your case.