What Happens If You’re Accused Of Sexual Assault In A College Setting In Texas?

What Happens If You’re Accused Of Sexual Assault In A College Setting In Texas?

At Mark Diaz & Associates, we know that being accused of sexual assault is one of the most serious and damaging allegations a person can face, particularly in a college setting. The stakes are incredibly high. Not only do you risk criminal charges under Texas law, but you also face possible disciplinary action from the college or university. Both processes can run simultaneously, each carrying its own set of consequences that could alter your life permanently. If you or someone you care about has been accused, understanding your rights and taking immediate action is critical.

In Texas, sexual assault allegations are prosecuted aggressively. Under Texas Penal Code § 22.011, sexual assault is defined as intentionally or knowingly causing sexual contact or penetration without the other person’s consent. In a college setting, accusations often arise in situations involving alcohol or drug use, misunderstandings about consent, or conflicting accounts of what occurred. The combination of a criminal investigation and campus disciplinary proceedings creates a complicated legal battle that requires skilled and aggressive defense.

Understanding The Criminal Process For Sexual Assault Allegations In Texas

When an accusation of sexual assault is made on or off-campus, law enforcement may open an investigation. The alleged victim can file a police report, triggering a potential criminal case. The police will interview witnesses, collect physical evidence, review text messages or social media, and may request a sexual assault forensic exam (SAFE kit, sometimes also referred to as a “rape kit”). If the investigation develops probable cause, prosecutors may file charges.

Sexual assault in Texas is generally classified as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000 under Texas Penal Code § 12.33. Certain aggravating factors, such as the use of violence, threats, or if the alleged victim was underage, can enhance the charge to aggravated sexual assault, a first-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000 under Texas Penal Code § 22.021.

Aside from prison time and fines, a conviction for sexual assault requires registration as a sex offender under Texas Code of Criminal Procedure Chapter 62, which can last a decade or a lifetime depending on the offense. This is a lifelong label that affects housing, employment, and social relationships.

College Disciplinary Proceedings And Title IX Investigations

Colleges and universities in Texas are required under Title IX of the Education Amendments of 1972 to investigate allegations of sexual misconduct involving students. These proceedings are separate from the criminal justice process and often have lower standards of proof. While a criminal case requires proof beyond a reasonable doubt, a campus disciplinary board may find responsibility based on a “preponderance of the evidence,” meaning it is more likely than not that the conduct occurred.

Potential consequences of a Title IX finding include:

• Suspension or expulsion from school
• Loss of scholarships or financial aid
• Permanent marks on your academic record
• Restrictions from certain campus facilities or activities

Even if criminal charges are never filed or are later dismissed, a Title IX ruling can still severely impact your education and future career prospects.

Immediate Steps To Take If Accused

Time is critical. If you are accused of sexual assault in a college setting, you should:

• Remain silent and do not speak to police, investigators, or school officials without an attorney present.
• Preserve evidence such as text messages, emails, social media posts, or witness names that may support your version of events.
• Avoid contact with the accuser or potential witnesses, as this could be seen as intimidation or retaliation.
• Contact a criminal defense attorney immediately to protect your rights in both the criminal and Title IX processes.

Having an attorney early allows us to guide you through questioning, help you prepare for campus hearings, and begin building a defense strategy immediately.

Potential Defenses Against Sexual Assault Allegations

Every case is unique, but common defenses we use include:

• Consent – Demonstrating that the sexual activity was consensual through witness testimony, messages, or other evidence.
• False allegations – Showing that the accusation is fabricated or motivated by personal, academic, or social reasons.
• Insufficient evidence – Challenging the reliability of witness statements, forensic evidence, or investigative procedures.
• Violation of rights – If law enforcement or school officials violated your constitutional rights during questioning, search, or evidence collection, we move to suppress unlawfully obtained evidence.

We approach these cases aggressively, challenging every piece of the prosecution’s case while preparing to expose weaknesses and inconsistencies.

How Texas Law Handles Alcohol And Consent Issues

Many college sexual assault allegations involve alcohol or drug use. Under Texas law, a person cannot legally consent to sexual activity if they are unconscious or incapable of resisting due to intoxication. However, proving incapacity is complex and often comes down to witness statements or disputed interpretations of behavior.

We scrutinize every detail of the events leading up to the accusation, including:

• Who provided or consumed alcohol and in what amounts
• The timeline of events and witness credibility
• Whether there were mixed signals or consensual acts earlier in the encounter

These cases are often built on gray areas and conflicting memories, making skilled defense essential.

Why Having A Strong Defense Team Matters

An accusation of sexual assault in a college setting can derail your education, career, and personal life even without a conviction. Media attention, social stigma, and school disciplinary actions can cause damage that is hard to repair. Our firm fights to protect your name and your future. We are relentless in defending our clients, challenging unfair proceedings, and forcing prosecutors and schools to follow the law and respect your rights.

Frequently Asked Questions About Sexual Assault Accusations In Texas College Settings

Can I Be Expelled From College Without A Criminal Conviction?

Yes. Title IX investigations have a lower standard of proof than criminal courts. You can face suspension or expulsion based solely on the university’s findings, even if you are never convicted in court.

Should I Talk To Campus Investigators Without A Lawyer?

No. Statements you make during campus proceedings can be used against you in a criminal case. Always consult an attorney before answering any questions or attending interviews.

What Happens If The Police Contact Me About The Accusation?

You have the right to remain silent and to have legal representation during questioning. Politely state that you want to speak with an attorney before answering any questions.

Can Text Messages Or Social Media Posts Help My Defense?

Yes. Digital communications can show context, consent, or inconsistencies in the accuser’s story. Preserve all potential evidence and share it with your attorney immediately.

What Are The Penalties For Sexual Assault In Texas?

Sexual assault is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines under Texas Penal Code § 12.33. Aggravated sexual assault carries harsher penalties, including up to life imprisonment.

What Is The Sex Offender Registration Requirement?

A conviction for sexual assault generally requires registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. This can last for years or life, severely impacting where you live and work.

Can I Face Both A Criminal Trial And A Title IX Hearing?

Yes. These are separate processes. A university can hold disciplinary hearings regardless of the outcome of your criminal case.

How Long Do I Have To Respond To A Title IX Notice?

Deadlines vary by institution but are often short. Contact an attorney immediately to ensure you meet all response deadlines and prepare an effective defense.

What Should I Do If A Protective Order Is Filed Against Me?

Follow the order strictly to avoid additional charges. Provide the order to your attorney, who can challenge it in court if it was improperly issued.

Can False Allegations Be Prosecuted?

In some cases, making a false police report can result in criminal charges against the accuser under Texas Penal Code § 37.08. However, proving false reporting is challenging and requires strong evidence.

What If I Am Found Not Guilty In Criminal Court But Expelled From College?

Unfortunately, acquittal does not guarantee reinstatement in school. You may have grounds to appeal the school’s decision or pursue legal action if due process was violated.

Call Mark Diaz & Associates For Aggressive Defense Against Sexual Assault Allegations In Texas College Settings

An accusation of sexual assault in a college setting is a crisis that demands immediate and skilled legal representation. At Mark Diaz & Associates, we know what it takes to defend these cases in both criminal courts and campus hearings. We fight hard to protect your rights, your education, and your future.

Contact our Texas sexual assault attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Our firm represents clients in Galveston, Houston, and throughout Texas. If you are facing these life-changing accusations, put a team of determined criminal defense attorneys in your corner today.