Sexual Assault

The crime more commonly known as rape is referred to as sexual assault in Texas criminal law. Sexual assault is a felony offense that is aggressively prosecuted and carries several consequences for alleged offenders.

In addition to lengthy prison sentences and steep fines, people may feel as though they have been negatively judged by friends and family simply for being accused of these types of crimes. Some criminal charges are often based on exaggerated or false allegations that do not accurately reflect what actually occurred.

Lawyer for Sexual Assault Arrests in Denton, TX

Do you think that you could be under investigation or were you already arrested in Denton County for an alleged rape? You should exercise your right to remain silent until you have legal counsel. Contact Law Offices of Richard C. McConathy as soon as possible.

Denton criminal defense attorneys Richard McConathy and Brian Bolton represent clients accused of sex crimes all over Denton County, including The Colony, Argyle, Flower Mound, Highland Village, Lewisville, Little Elm, and several other nearby communities. Call 940-222-8004 today to have our lawyers provide an honest and thorough evaluation of your case during a free, confidential consultation.


Denton County Sexual Assault Information Center


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Sexual Assault Charges in Texas

Under Texas Penal Code § 22.011(a)(1), an alleged offender commits sexual assault if he or she intentionally or knowingly does any of the following without the alleged victim’s consent:

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

Texas Penal Code § 22.011(b) defines any of the aforementioned acts as being 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.

People can also be charged with sexual assault under Texas Penal Code § 22.011(a)(2) if they intentionally or knowingly commit any of the following acts, regardless of consent:

  • 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.

For the purposes of this statute, a child is defined as person younger than 17 years of age.


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Sexual Assault Penalties in Denton County

Texas Penal Code § 22.011(f) establishes that each one of the offenses listed above constitutes a second-degree felony. A conviction is punishable by up to 20 years in prison and/or a fine of up to $10,000.

Under the same statute, sexual assault is a first-degree felony if the 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 the state’s bigamy law (Texas Penal Code § 25.01). A conviction in such a case is punishable by up to 99 years or life in prison and/or a fine of up to $10,000.

Certain sexual assault offenses (such as those involving alleged victims younger than 14 years of age) can result in aggravated sexual assault charges. Any sexual assault conviction will also result in an alleged offender being required to register as sex offender for the remainder of his or her life.


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Texas Sexual Assault Resources

City of Carrollton, TX | Sexual Assault — Visit this website to learn more about what sexual assault is and find resources in the Denton County area. You can find information about reporting sexual assault. You can also read answers to frequently asked questions.

City of Carrollton
1945 E. Jackson Rd.
Carrollton, TX 75006
(972) 466-3000

Rape, Abuse & Incest National Network (RAINN) — RAINN is the largest anti-sexual assault organization in the United States. It created and operates the National Sexual Assault Hotline in partnership with more than 1,100 local sexual assault service providers across the country. On this website, you can learn more about sexual assault, including local laws, types of sexual violence, and the effects of sexual violence.


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Law Offices of Richard C. McConathy | Denton Sexual Assault Defense Attorney

If you were arrested or believe that you might be under investigation for an alleged rape anywhere in Denton County, it is in your best interest to not say anything to authorities until you have legal representation. Law Offices of Richard C. McConathy aggressively defends individuals in Flower Mound, Argyle, The Colony, Little Elm, Lewisville, Highland Village, and many surrounding areas of Denton County.

Richard McConathy and Brian Bolton are experienced criminal defense lawyers in Denton who understand the profound impact that criminal sexual allegations can have on the lives of people and fight to help clients achieve the most favorable outcomes to their cases that result in the fewest possible penalties. You can have our attorneys review your case and answer all of your legal questions when you call 940-222-8004 or complete an online contact form to schedule a free initial consultation.


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I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.

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A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

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