There are few criminal allegations more serious than sexual assault. These offenses are not only prosecuted aggressively, but the mere allegation of sexual assault could impact your entire life. Protecting your freedom and your reputation with the guidance of a seasoned sex crimes attorney at Barbieri Law Firm, P.C.

If you have been charged with sexual assault, it is important to avoid any delay in hiring legal counsel. The police and prosecutors will not hesitate to build a substantial case against you. Protecting your legal rights requires immediate action, starting with a discussion with a McKinney sexual assault lawyer.

Understanding Sexual Assault Laws

The law regarding sexual assault in McKinney is governed by Tex. Penal Code § 22.011. This statute covers a wide range of offenses, each of which carries steep penalties. A McKinney sexual assault attorney can help build a defense against any of these charges.

There are countless acts that could serve as the basis for a sexual assault charge. According to the statute, these include penetrating one or many parts of an alleged victim’s body with a sexual organ or foreign object. Though, sexual assault is about more than the act that is committed. Central to these criminal charges is the question of consent.

When Is Sex Nonconsensual?

Sexual assault cases generally center on whether the sexual contact in question was consensual or not. In general, sexual contact is consensual when the parties involved do so willingly instead of by force or coercion.

There are various situations where sexual contact could be nonconsensual. This includes any sex act that was compelled due to acts or threats of violence or force. Even an implied threat of force or violence could serve as the basis of a sexual assault charge.

Issues of consent are also involved when the victim is unable to participate willingly. For example, sexual contact with a person that is unconscious or unaware of their surroundings is automatically deemed not consensual.

Whether or not a sexual conduct is consensual is often a major point of dispute in trial. Resolving this question could be central to the defense of a person accused of sexual assault. If necessary, a sexual assault lawyer in McKinney can help prove to the jury that the sexual act in question was consensual.

When Is Consent Not an Issue?

Consent is one of the most common defenses used in a sexual assault trial in McKinney. However, the fact that the alleged victim consented is not always enough to help a person avoid a conviction for sexual assault. One of the most common situations where consent is not a defense involves alleged victims under the age of 17.

In most cases, sex acts with children—which by law include anyone under the age of 17—are considered statutory rape. The law holds that children lack the capacity to consent to sex. In other words, the fact that a child agreed to a sex act does not qualify as consent since a child lacks the ability to consent in general.

Talk to a McKinney Sexual Assault Attorney Immediately

Every arrest for sexual assault can be a life altering action. That being said, a conviction is far more consequential. If you have been charged with sexual assault in McKinney, it is vital that you seek out dedicated legal counsel right away.

A McKinney sexual assault lawyer at Barbieri Law Firm, P.C. is prepared to help you develop a strong defense strategy. Call now to schedule a consultation.

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