Facing Rape or Sexual Assault Charges in San Antonio? Your Defense Begins Now

Understanding the Gravity of Texas Sexual Assault Allegations

In Texas, an allegation of rape or sexual assault is one of the most serious legal challenges a person can face. These charges, prosecuted under Texas Penal Code § 22.011, carry severe, life-altering penalties and a profound social stigma that can instantly unravel your personal and professional life. At Barton & Associates, Attorneys at Law, we recognize that these cases are often intensely complex, emotionally charged, and built on conflicting narratives. We firmly believe that an accusation is not a conviction, and the constitutional presumption of innocence is your most vital right. If you are under investigation or have been charged, it is imperative to understand that the state aggressively pursues these cases, and your defense must begin with immediate, strategic action.

The consequences of a conviction extend far beyond the courtroom. You face the possibility of decades in a Texas state prison, mandatory registration as a sex offender for life, and crippling fines. The collateral damage—the loss of your career, your reputation, your family relationships, and your future opportunities—can be equally devastating. In this high-stakes environment, securing experienced, aggressive legal counsel is not just an option; it is the single most important step you can take to protect your freedom and your future.

Navigating the Complex Legal Definition of Consent in Texas

The central issue in most sexual assault cases is consent. Texas law provides a specific, multifaceted legal definition of what constitutes a lack of consent, and prosecutors are trained to argue these points aggressively. It is not enough for the state to prove that sexual contact occurred; they must prove beyond a reasonable doubt that it occurred without the victim’s consent as defined by statute.

Under Texas law, a person can be found guilty of sexual assault if the act occurs without consent, which includes situations where:

• The defendant compels submission or participation through the use of physical force or violence.
• The defendant compels submission through the threatened use of force or violence, and the alleged victim believes the defendant has the present ability to execute that threat.
• The defendant knows the alleged victim is unconscious or physically unable to resist.
• The defendant knows the alleged victim is incapable of appraising the nature of the act or resisting due to a mental disease or defect.
• The defendant knows the alleged victim is unaware the act is occurring.
• The defendant has intentionally impaired the victim’s ability to control or appraise their conduct by administering a substance without the victim’s knowledge.

Understanding these nuanced legal definitions is critical to building a defense. Our attorneys meticulously analyze the facts of your case against these standards to identify weaknesses in the prosecution’s theory.

The High Stakes: Penalties for Sexual Assault Convictions in Texas

Sexual assault in Texas is typically classified as a second-degree felony. However, numerous factors can enhance the charges to a first-degree felony, dramatically increasing the potential prison time. The table below outlines the severe penalties associated with these charges:

• Sexual Assault (Standard): Second-Degree. 2 to 20 years in prison, fines up to $10,000
• Aggravated Sexual Assault (involving serious injury, weapon, threat to death, or victim under 14 or elderly): First-Degree. 5 to 99 years or life in prison, fines up to $10,000
• Additional Mandatory Consequence: N/A. Lifetime registration as a sex offender under Texas law

Beyond incarceration and fines, a conviction mandates lifetime registration on the Texas Sex Offender Registry. This public registry restricts where you can live, work, and travel, and it subjects you to continuous public scrutiny and community notification. This permanent scarlet letter can make it nearly impossible to find housing, secure meaningful employment, or maintain family connections.

Our Strategic Defense Approach to Rape and Sexual Assault Allegations

At Barton & Associates, we reject the notion that these cases are simply “he said, she said” scenarios that cannot be defended. Led by Attorney Gary J. Barton, our team employs a proactive, evidence-based defense strategy crafted from the first moment you contact us. We move swiftly to investigate, preserve evidence, and challenge the prosecution’s narrative at every stage.

1. Immediate Intervention and Evidence Preservation

Time is your enemy in these cases. Memories fade, digital evidence can be deleted, and the police investigation proceeds without your input. Our immediate involvement allows us to:

• Advise you on exercising your right to remain silent during police questioning.
• Begin our own parallel investigation to secure exonerating evidence (e.g., text messages, social media posts, GPS data, witness statements).
• Consult with medical and forensic experts to challenge the state’s scientific claims or interpretations of evidence.

2. Rigorously Investigating the Issue of Consent

We conduct a deep dive into the relationship and interactions between the parties involved. Our defense often focuses on demonstrating that the encounter was consensual. We gather evidence that may include prior communications, witness accounts of the parties’ behavior before and after the incident, and any history in the relationship that supports a consensual context.

3. Challenging the Credibility and Motives of the Accuser

In cases where consent is not the issue, we meticulously examine the possibility of false or mistaken allegations. Motivations for false accusations can be complex, including jealousy, regret, revenge in child custody or divorce disputes, or the desire to conceal an affair. We work to uncover any ulterior motives, biases, or inconsistencies in the accuser’s story that create reasonable doubt.

4. Scrutinizing Police and Prosecutorial Procedure

We leave no stone unturned in reviewing the conduct of law enforcement. This includes filing motions to challenge:

• Illegal Searches or Seizures: Was any evidence obtained in violation of your Fourth Amendment rights?
• Coerced Statements: Were your rights under Miranda v. Arizona violated during questioning?
• Faulty Investigations: Did the police ignore or fail to collect evidence that could prove your innocence?

A successful motion to suppress critical evidence can fundamentally weaken the state’s case, often leading to reduced charges or outright dismissal.

Why Barton & Associates Is Your Strategic Advantage in San Antonio

Facing allegations of this magnitude requires a defense team with specific experience, tenacity, and a deep understanding of both Texas law and the local judicial landscape.

• Former Prosecutorial Insight: Our attorneys have experience on the other side of the courtroom. This gives us invaluable perspective on how the state builds and argues these sensitive cases, allowing us to anticipate their strategies and identify vulnerabilities from day one.
• Trial-Tested Readiness: We prepare every case with the assumption it will go to trial. This thorough preparation not only ensures we are ready to defend you before a jury but also strengthens our position in pre-trial negotiations. Prosecutors know we are unafraid to try a case, which often leads to better outcomes at the negotiation table.
• Compassionate, Client-Centered Advocacy: We understand the profound personal toll these accusations take on you and your family. We provide clear, honest communication and steadfast support throughout the entire legal process, ensuring you are informed and empowered at every step.

Take Immediate Action to Protect Your Future

If you are under investigation or have been charged with rape or sexual assault, your next move is critical. Do not speak to police detectives, investigators, or anyone about the allegations without an attorney present. Politely but firmly assert your right to remain silent and your right to legal counsel.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. Our San Antonio sex crimes defense attorneys will immediately begin building your defense, protecting your rights, and fighting for the best possible outcome in your case. Your freedom and your future are worth defending.

Main Category: Criminal Defense
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000