In Texas, the primary focus of sexual assault charges is to determine the age of the alleged victim and whether the act was consensual. These two factors outline whether or not the prosecution have an initial case against you. If you are facing sexual assault charges, you should hire an Attorney in Royse City TX immediately following your arrest.
Facts About Sexual Assault
The age of consent in Texas is seventeen years of age. Any victim who is under the age of seventeen is classified as a child, therefore, they do not have the capacity to give consent. If the victim is under the age of fourteen, the charge is increased to aggravated sexual assault. Any individual accused of sexual assault who is at least seventeen years of age could be tried as an adult.
Aggravated Sexual Assault
Any serious bodily injuries, attempts to cause these injuries or threats with a deadly weapon automatically increase the charge to aggravated sexual assault. Threats to injure, kidnap, or kill anyone of close relation to the victim fall within this classification as well. Further contributing factors include sexual assault of the disabled or elderly as well as the presence of any known date-rape drugs. If you’re facing these charges, contact an Attorney in Royse City TX now.
The Acquisition of Evidence
The process followed for gathering evidence requires a physical examination of the victim. This allows investigators to acquire any biological evidence from their person. They record the victim’s testimony as well as any witnesses to the alleged crime. If the accusation is a more severe crime, such as rape, a rape kit is used to gather this evidence. Click here for more information.
If you’re accused of sexual assault or rape, the state may request biological evidence from you. By law, you aren’t required to submit to testing unless the law enforcement agency acquires a court order. This order allows officers to detain you in order to acquire this sample. Before the case escalates to this point, you should hire an attorney to represent you. If you need an Attorney in Royse City TX, you should contact the Law Offices of Tim Hartley without delay.