What Happens After A Sexual Assault Allegation In Galveston?
A sexual assault allegation can trigger a criminal investigation before the accused realizes that police are involved. In Galveston County, someone may report an allegation to local police, the Galveston County Sheriff’s Office, medical personnel, or another agency, which then refers the matter to law enforcement. Investigators may interview the accuser, collect electronic communications, obtain medical records or forensic evidence, and speak with witnesses before contacting the accused.
In some cases, the first indication of an investigation is a phone call or request to come to the police station for an interview. In others, officers may seek an arrest warrant before the accused has been given any opportunity to respond. We believe anyone who learns they are being investigated should take the situation seriously from the start because statements, text messages, social media activity, and other evidence can affect what happens next.
Texas Law Defines Several Forms Of Sexual Assault
Texas Penal Code § 22.011 defines sexual assault and identifies conduct that may constitute the offense. For an adult complainant, the statute generally addresses certain sexual acts performed intentionally or knowingly without the other person’s consent. The law contains several circumstances under which conduct is legally considered to occur without consent, including situations involving force, threats, unconsciousness, certain forms of impairment, and particular relationships or positions of authority. The exact statutory provision matters because a sexual assault case can depend heavily on the circumstances surrounding consent.
Sexual assault under § 22.011 is generally a second-degree felony, although Texas law provides different classifications under specific circumstances. Under Texas Penal Code § 12.33, a second-degree felony carries a possible prison sentence of two to 20 years and a fine of up to $10,000. Certain violations of § 22.011 can instead be classified as first-degree felonies, while the statute also provides a state jail felony classification for a narrow category of cases involving the statutory requirement for express consent.
Police May Begin Investigating Before Making An Arrest
An allegation does not automatically mean that an arrest will occur immediately. Investigators may spend days, weeks, or longer gathering information before deciding whether to seek a warrant or refer the matter to prosecutors.
Police may examine text messages, social media communications, photographs, videos, phone records, location information, witness accounts, surveillance footage, medical evidence, and statements made before or after the alleged incident. When the accused and complainant knew each other beforehand, communications between them can become particularly important because they may provide context about their relationship, plans, interactions, and events surrounding the allegation.
We generally advise against deleting messages, photographs, social media posts, or other potentially relevant evidence after learning of an accusation. Evidence that appears unimportant at first may later provide valuable context. Attempts to delete evidence can also create additional problems and complicate the defense.
Police May Ask The Accused To Give A Statement
Detectives sometimes contact a person under investigation and ask that person to come to the station to “clear things up” or provide his or her side of the story. That request deserves careful attention. The person may already be the primary suspect even though no arrest has occurred.
We can communicate with investigators and determine what information law enforcement is seeking before decisions are made about an interview. A person under investigation should understand that statements made to police may become evidence later. Even a person who firmly denies an accusation can unintentionally provide details that investigators use to develop additional evidence or challenge the person’s account.
An early defense investigation may also identify witnesses, communications, videos, receipts, electronic records, or other evidence that might disappear as time passes.
An Arrest May Be Followed By Bond Conditions
If investigators establish probable cause and obtain a warrant, the accused may be arrested and taken before a magistrate. The court may set bail and impose conditions intended to protect the alleged victim or the community.
Texas law permits significant restrictions in cases involving sexual offenses. When an alleged victim is a child younger than 18, Article 17.41 of the Texas Code of Criminal Procedure requires certain bond conditions that generally prohibit direct communication with the alleged victim and restrict the defendant from going near specified places the child frequents, subject to limited exceptions ordered by the court.
A defendant must treat every bond condition as a court order. Contact that might otherwise seem harmless can create serious consequences if it violates a bond condition, protective order, or other judicial restriction.
Prosecutors Must Decide Whether To Pursue Felony Charges
Sexual assault cases are felony matters that may eventually be presented to a grand jury. A Texas indictment must be an act of the grand jury and must identify the accused, state the offense in understandable terms, and allege that the offense occurred within the jurisdiction of the court, among other statutory requirements under Article 21.02 of the Texas Code of Criminal Procedure.
The fact that an accusation has been made does not determine guilt. Prosecutors still must prove each required element of the charged offense beyond a reasonable doubt at trial. Defense preparation may include examining inconsistencies in statements, prior communications between the parties, forensic evidence, medical findings, digital records, witness credibility, timelines, and whether the evidence actually supports the statutory elements alleged by the state.
Aggravated Sexual Assault Carries Even Greater Exposure
Texas Penal Code § 22.021 defines aggravated sexual assault. Depending on the circumstances, aggravating factors can include causing serious bodily injury, placing someone in fear of death or serious bodily injury, using or exhibiting a deadly weapon, acting with another person during the same criminal episode, administering an impairing substance to facilitate the offense, or circumstances involving certain young, elderly, or disabled victims.
Aggravated sexual assault is generally a first-degree felony. Under Texas Penal Code § 12.32, a first-degree felony carries five to 99 years or life imprisonment and a potential fine of up to $10,000. Section 22.021 also establishes a 25-year minimum sentence in certain cases involving young children and specified aggravating conduct.
Some Sexual Assault Allegations Can Be Prosecuted Years Later
A person should not assume that an allegation is too old to result in prosecution. Article 12.01 of the Texas Code of Criminal Procedure establishes different limitation periods depending on the offense and circumstances.
Texas law provides no limitation period for certain sexual offenses involving children. It also removes the limitation period for some sexual assault cases involving biological evidence that has not been tested or does not match an identified person, as well as certain situations involving alleged similar offenses against multiple victims.
These rules make it possible for some allegations to result in investigations long after the alleged incident. Older cases can raise difficult evidentiary issues because memories fade, witnesses relocate, electronic communications disappear, and physical evidence may no longer exist.
A Conviction Can Create Consequences Beyond Prison
A sexual assault prosecution carries consequences that can extend far beyond the sentence imposed by a court. Texas Code of Criminal Procedure Chapter 62 includes convictions and certain deferred adjudications for sexual assault under § 22.011 and aggravated sexual assault under § 22.021 within its definition of reportable convictions or adjudications for sex-offender registration purposes.
Registration requirements can affect where a person lives, employment opportunities, professional licenses, family relationships, travel, and other parts of everyday life. The duration and specific requirements depend on the offense and the circumstances of the case.
Because these consequences can be severe, we believe a defense investigation should begin as early as possible rather than waiting for the state to finish building its case.
Galveston Sexual Assault Defense FAQs
Can Police Arrest Me Based Only On Someone Accusing Me Of Sexual Assault?
An accusation can begin an investigation, but an arrest requires probable cause. Police may attempt to develop that probable cause through the complainant’s statement, witness interviews, medical evidence, electronic communications, forensic evidence, surveillance footage, or other information.
A case does not have to include DNA evidence or an eyewitness before an arrest can occur. At the same time, probable cause for an arrest is not the same standard required for a conviction. If charges are ultimately tried before a jury, prosecutors must prove the required elements beyond a reasonable doubt. We examine the evidence supporting the accusation as well as evidence that may contradict it, place it in context, or raise reasonable doubt.
Should I Talk To A Galveston Detective If I Know I Did Nothing Wrong?
We strongly recommend obtaining legal advice before agreeing to an interview. A detective may describe the conversation as an opportunity to explain your side, but investigators may already have statements and other evidence that you have not seen.
Trying to explain every detail without knowing what police have been told can create problems. Minor differences concerning times, locations, alcohol consumption, conversations, or other details may later be portrayed as inconsistencies. We can first determine what stage the investigation has reached and communicate with law enforcement before deciding whether providing information serves the client’s interests.
What Does Consent Mean In A Texas Sexual Assault Case?
Consent can be one of the central issues in a prosecution involving adults. Texas Penal Code § 22.011 identifies numerous circumstances in which sexual activity is considered to occur without consent. Those circumstances go beyond situations involving physical force and can include threats, unconsciousness, certain forms of impairment, misuse of professional authority, and other situations defined by statute.
The evidence surrounding the interaction therefore matters. Communications before and after an encounter, witness observations, the parties’ prior relationship, video evidence, location data, and other records can become relevant. Every case depends on its own facts, so we review the complete sequence of events rather than relying on a single statement or isolated message.
Can Sexual Assault Charges Be Filed If There Is No DNA Evidence?
Yes. Texas law does not require DNA evidence in every sexual assault prosecution. Cases may be based on testimony, electronic communications, medical evidence, witness accounts, admissions, photographs, videos, or other evidence.
The absence of DNA may still be important depending on what prosecutors claim occurred and what forensic evidence would reasonably be expected under those circumstances. Conversely, the presence of DNA does not necessarily establish whether sexual activity was consensual. For that reason, forensic evidence must be considered together with the allegations, timeline, statements, and other available evidence.
Speak With A Galveston Criminal Defense Lawyer At Mark Diaz & Associates
A sexual assault allegation can affect your freedom, reputation, career, family, and future long before a case reaches trial. Early legal representation gives us an opportunity to preserve evidence, examine communications, identify witnesses, communicate with investigators, and begin testing the state’s version of events before important evidence disappears.
If you are under investigation or have been arrested for sexual assault, aggravated sexual assault, or another serious criminal offense in Galveston or the Houston area, contact Mark Diaz & Associates to discuss your situation. Call our Galveston sex crime defense attorney at Mark Diaz & Associates today at 409-515-6170 to schedule your free consultation.
