Sexual Assault

The crime of sexual assault—more commonly referred to as rape—is one of the most aggressively prosecuted sexual offenses in Texas. People who are accused of committing these types of crimes will face felony criminal charges that carry very steep penalties, including decades in prison and thousands of dollars in fines.

Many alleged victims know alleged offenders and consent often proves to be an issue of debate in sexual assault cases. In certain situations, an individual could be charged with sexual assault regardless of whether the alleged victim consented to the sexual activity.

Lawyer for Sexual Assault Arrests in Conroe, TX

Were you arrested or do you think that you might be under investigation for an alleged rape anywhere in Montgomery County or Harris County? No matter how confident you are in your innocence, do not say anything to authorities without legal counsel. Contact Evans & Powell, PLLC as soon as possible.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent clients charges with sex crimes in communities throughout Montgomery County and Harris County, including The Woodlands, Pinehurst, Shenandoah, Willis, Oak Ridge North, Patton Village, and several others. Our attorneys can review your case and answer many of your legal questions during a free, confidential consultation as soon as you call (936) 622-2000 today.


Montgomery County Sexual Assault Information Center


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Consent in Texas Sexual Assault Cases

Children are incapable of legally consenting to any sexual activity. An individual commits the crime of sexual assault in Texas under Texas Penal Code § 22.011(a)(2) if, regardless of any consent, he or she knowingly:

  • Causes the penetration of the anus or sexual organ of a child by any means;
  • Causes the penetration of the mouth of a child by the sexual organ of the alleged offender;
  • Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;
  • Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender;  or
  • Causes the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender.

Texas Penal Code § 22.011(a)(1) also establishes that a person commits sexual assault if he or she knowingly:

  • Causes the penetration of the anus or sexual organ of an alleged victim by any means, without the alleged victim's consent;
  • Causes the penetration of the mouth of an alleged victim by the sexual organ of the alleged offender, without the alleged victim's consent; or
  • Causes the sexual organ of an alleged victim, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender.

Under Texas Penal Code § 22.011(b), a sexual assault is considered without the consent of the other person if:

  • The alleged offender compels the alleged victim to submit or participate by the use of physical force or violence;
  • The alleged offender compels the alleged victim to submit or participate by threatening to use force or violence against the alleged victim, and the alleged victim believes that the alleged offender has the present ability to execute the threat;
  • The alleged victim has not consented and the alleged offender knows the alleged victim is unconscious or physically unable to resist;
  • The alleged offender knows that as a result of mental disease or defect the alleged victim is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
  • The alleged victim has not consented and the alleged offender knows the alleged victim is unaware that the sexual assault is occurring;
  • The alleged offender has intentionally impaired the alleged victim's power to appraise or control the alleged victim's conduct by administering any substance without the alleged victim's knowledge;
  • The alleged offender compels the alleged victim to submit or participate by threatening to use force or violence against any person, and the alleged victim believes that the alleged offender has the ability to execute the threat;
  • The alleged offender is a public servant who coerces the alleged victim to submit or participate;
  • The alleged offender is a mental health services provider or a health care services provider who causes the alleged victim, who is a patient or former patient of the alleged offender, to submit or participate by exploiting the alleged victim's emotional dependency on the alleged offender;
  • The alleged offender is a clergyman who causes the alleged victim to submit or participate by exploiting the alleged victim's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or
  • The alleged offender is an employee of a facility where the alleged victim is a resident, unless the employee and resident are formally or informally married to each other.

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Sexual Assault Penalties in Montgomery County

A sexual assault offense under Texas Penal Code § 22.011 is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000. Texas Penal Code § 22.011(f) provides, however, that sexual assault can become a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000 if an alleged victim was a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the alleged offender was prohibited from living under the appearance of being married under Texas Penal Code § 25.01, the State’s bigamy statute.

State law in Texas does provide for certain affirmative defenses—facts that justify otherwise unlawful conduct and defeat or mitigate the legal consequences—in sexual assault cases. Some of the applicable affirmative defenses include:

  • Medical Care — Under Texas Penal Code § 22.011(d), it is a defense to prosecution under Texas Penal Code § 22.011(a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 
  • Spouses — Texas Penal Code § 22.011(e)(1) establishes that it is an affirmative defense to prosecution under Texas Penal Code § 22.011(a)(2) that the alleged offender was the spouse of the child at the time of the offense;
  • “Romeo and Juliet” — Under Texas Penal Code § 22.011(e)(2), it is an affirmative defense to prosecution under Texas Penal Code § 22.011(a)(2) that the alleged offender was not more than three years older than the alleged victim and at the time of the offense, was not required under to register for life as a sex offender or was not a person who had a reportable conviction or adjudication for an offense under this section, and the alleged victim was a child of 14 years of age or older and was not a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under the Texas bigamy statute.

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Texas Sexual Assault Resources

Montgomery County Women's Center — The Montgomery County Women's Center is a 501(c)(3) nonprofit organization that provides “a 24-hour hotline, safe shelter, crisis intervention, counseling, advocacy and legal services to survivors of family violence, sexual assault and stalking.” Visit this website to learn more about the organization’s sexual assault services, what constitutes sexual assault, and what to do if you have been sexually assaulted. You can also find information about advocacy and accompaniment as well as counseling and support groups.

Montgomery County Women's Center
1401 Airport Rd.
Conroe, TX 77301
(936) 441-4044

Vernon v. State, 841 S.W.2d 407, 409 (Tex. Crim. App. 1992) — Donald Vernon was sentenced to life in prison after being convicted of aggravated sexual assault for putting his finger into the sexual organ of his 13-year-old stepdaughter. The Second Court of Appeals affirmed the conviction, but the Texas Court of Criminal Appeals granted Vernon’s petition for discretionary review to “consider a question of statutory construction implicit in the lower court's assessment of evidentiary sufficiency and to reexamine the law of extraneous offenses as it applies to crimes of this kind.” The Court of Criminal Appeals concluded that the Court of Appeals erred “to treat multiple instances of sexual misconduct as a single crime and to rely upon the holding in Boutwell v. State, 719 S.W.2d 164, 173 (Tex. Crim.App.1986) for disposition of Vernon’s second point of error and reversed judgment, remanding the cause for an evaluation of harm under Texas Rule of Appellate Procedure 81(b)(2).


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Evans & Powell, PLLC | Conroe Sexual Assault Defense Attorney

If you believe that you could be under investigation or you were already arrested for an alleged rape in Montgomery County or Harris County, it is in your best interest to exercise your right to remain silent until you have legal representation. Evans & Powell, PLLC aggressively defends residents and visitors in Magnolia, Woodbranch, Panorama Village, Splendora, Cut and Shoot, Porter Heights, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who will work tirelessly to expose any false or misleading allegations and possibly get your criminal charges reduced or dismissed. Call (936) 622-2000 or complete an online contact form to have our attorneys provide an honest and thorough evaluation of your case during a free initial consultation.



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