Sexual Assault and Aggravated Sexual Assault in Texas: What to Do When You’re the One Accused
By Thom Nisbet
There are few criminal charges that carry more stigma—or consequences—than sexual assault. In Texas, the moment you’re accused, your life begins to change. You might lose your job. Friends and family may pull away. And before you even step foot in a courtroom, you’re already being treated like you’re guilty.
At Christian & Nisbet, we know the weight of these charges. We’ve represented clients who were falsely accused, misidentified, or caught in the middle of a messy breakup or bitter custody battle. In some cases, what started as a consensual encounter was later reframed—by the other party or by the police—as criminal.
If you’ve been charged with sexual assault or aggravated sexual assault in Texas, here’s what you need to know right now.
What Is Sexual Assault in Texas?
Under Texas Penal Code §22.011, sexual assault generally refers to non-consensual sexual contact or penetration. But “consent” isn’t always as clear-cut as people assume. The law includes situations where someone legally cannot consent, such as:
When force, coercion, or threats were allegedly used
When the person is unconscious or intoxicated
When the alleged victim is underage
When the person is in the custody of or subordinate to the accused (e.g., coach, teacher, therapist)
Aggravated Sexual Assault
Aggravated sexual assault (Texas Penal Code §22.021) raises the stakes. It’s charged when:
A weapon was used
Serious bodily injury occurred
The victim was under the age of 14 or elderly/disabled
More than one person was involved in the assault
The act occurred during the commission of another felony (e.g., kidnapping)
This charge often carries a minimum 25-year sentence if the victim is under 6 years old—or if certain aggravating factors are present.
What’s New in Texas Law (2023–2024 Updates)
Recent changes have further increased penalties and prosecution efforts:
Expanded statute of limitations: Texas has extended or eliminated the statute of limitations for some sexual assault cases, particularly those involving minors. This means cases can now be filed years—even decades—after the alleged incident.
Stricter evidentiary standards for consent: Courts have narrowed what qualifies as clear evidence of consent, especially in digital or intoxication-related scenarios.
Increased resources for prosecutors: Many counties, including Bexar, have specialized sex crimes units dedicated solely to these cases.
What Happens After You’re Accused
If someone accuses you of sexual assault, here’s how the process typically unfolds:
Investigation: Police gather statements, collect forensic evidence (such as DNA), and interview witnesses.
Search warrant or arrest: Your phone, home, or vehicle may be searched. You may be arrested before you're even formally charged.
Grand jury indictment: For felonies, your case will go before a grand jury to determine whether there’s enough evidence to proceed.
Trial or plea negotiations: If the case proceeds, you’ll face trial unless a plea agreement is reached.
A conviction carries more than prison time. You may face:
Lifetime sex offender registration
Loss of custody or parental rights
Loss of employment or professional licenses
Permanent damage to your reputation—even if acquitted
How We Defend Sexual Assault Charges
At Christian & Nisbet, we build a defense around facts, not feelings. Our job isn’t to convince a jury you’re a good person. It’s to prove the prosecution can’t meet its burden. That’s where we thrive.
Consent-Based Defense-Many sexual assault cases hinge on whether the encounter was consensual. We gather text messages, call logs, social media messages, and witness statements that tell the full story—before and after the event.
False Allegation Defense-False accusations happen. Sometimes out of revenge. Sometimes to gain leverage in divorce or custody cases. Sometimes to cover up consensual behavior. We dig into the accuser’s motives and inconsistencies in their story.
Mistaken Identity-In some cases, the alleged victim misidentifies the perpetrator—especially in dark, crowded, or emotionally charged environments. We use forensic evidence and timeline analysis to dismantle these claims.
Challenging Forensic Evidence-DNA on its own doesn’t prove assault. It proves contact. The context matters—and often, it supports your version of events more than the prosecution’s.
Pretrial Strategy-We often intervene early, before charges are filed, to present evidence to the grand jury that casts doubt on the case. In some cases, we’ve helped prevent indictments altogether.
What You Should Do Immediately
Do not speak to the police without a lawyer present
Do not contact the accuser
Save all text messages, emails, and phone logs
Make no statements on social media
Call an experienced defense attorney immediately
These cases are highly emotional—and law enforcement often rushes to judgment. Every word you say can be used against you. Let us speak for you.
Final Thoughts
Being accused of sexual assault is terrifying. It’s also isolating. But you are not alone, and you are not powerless. The law still applies. The facts still matter. And you still have the right to a strong defense.
At Christian & Nisbet, we’ve helped people facing the worst moments of their lives find a way forward. We understand the stakes—and we take your side.
When your freedom, your name, and your future are on the line… we’re that call.
