Emergency? Call Now A sexual assault accusation moves fast, and it can upend your life before you’ve had time to process what’s happening. Within hours you may be facing police questioning, an arrest, a forensic exam request, or a call from a detective who already seems to have made up their mind. The decisions you make in those first hours and days often matter more than anything that happens later in the case.
This guide walks through how sexual assault charges work in Texas, what to expect as a case unfolds, and the steps that actually protect you if you’ve been accused.
How Texas Law Defines Sexual Assault
Sexual assault in Texas is governed primarily by two statutes: Section 22.011 of the Penal Code, which covers sexual assault, and Section 22.021, which covers aggravated sexual assault. Broadly, sexual assault involves non-consensual penetration or contact, while aggravated sexual assault involves additional factors, such as the use or exhibition of a deadly weapon, serious bodily injury to the victim, or a victim younger than 14.
Consent, and the lack of it, sits at the center of most adult sexual assault cases. Texas law defines several circumstances under which an act is considered to be without consent, including when a person compels participation through physical force, threats, or the use of fraud, or when the complainant was unable to resist due to intoxication or a mental or physical condition. Cases involving a minor are evaluated differently, since Texas law treats any sexual contact with someone under 17 as a crime regardless of apparent willingness.
Penalties for Sexual Assault in Texas
The consequences of a conviction are severe, which is exactly why the early stages of a case matter so much.
- Sexual assault is generally a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000. In certain circumstances, such as cases involving specific family relationships, it can be charged as a first-degree felony.
- Aggravated sexual assault is a first-degree felony, punishable by five to ninety-nine years or life in prison, with some circumstances triggering a mandatory minimum sentence as high as 25 years and no parole eligibility.
A conviction, or in most cases even deferred adjudication, also triggers mandatory sex offender registration, which carries its own long-term restrictions on housing, employment, and daily life well beyond the criminal sentence itself. If you want to understand exactly what that looks like, our guide on sex offender registration in Texas breaks down the ten-year and lifetime tracks in detail.
Statute of Limitations for Sexual Assault in Texas
How long prosecutors have to bring a case varies depending on the offense and the age of the complainant at the time. For most adult sexual assault cases, Texas law generally sets a ten-year limitation period, with exceptions that can extend or eliminate that window, including cases where DNA evidence later identifies a suspect. For cases involving a child victim, there is generally no statute of limitations at all, meaning a case can be brought regardless of how much time has passed. This is one of the reasons sexual assault allegations sometimes surface years, or even decades, after the incident is alleged to have occurred, and why evidence preservation matters even in cases that feel like they’re part of the distant past.
What Happens Immediately After an Accusation
The period right after an accusation surfaces, whether through a police report, a forensic exam, or a direct confrontation, sets the tone for everything that follows.
- Police contact. Investigators often reach out to the accused directly, sometimes framing the conversation as routine or as a chance to “tell your side of the story.” In reality, anything said during this contact becomes part of the evidence against you.
- Forensic examination. If the accusation is recent, law enforcement may request a Sexual Assault Nurse Examiner (SANE) exam of the complainant, which can produce physical and DNA evidence that becomes central to the case either way.
- Arrest or warrant. Depending on the evidence available at the time, police may make an arrest immediately or continue investigating and seek an arrest warrant later, sometimes weeks or months after the initial report.
Emergency protective order. If the accusation involves a family or dating relationship, a magistrate may issue an emergency protective order at the time of arrest, restricting contact and, in some cases, firearm possession, separate from the criminal case itself. If you’re dealing with one of these, our guide on how to fight a protective order in Texas explains how that separate process works.
Because evidence, especially physical and digital evidence, degrades or disappears over time, waiting to get legal representation involved puts the defense at a real disadvantage.
The Investigation Process: What to Expect
Sexual assault investigations in Texas typically unfold over weeks or months, even when an arrest happens quickly. Investigators generally gather:
- Forensic and medical evidence from any SANE exam, including DNA, injuries, and other physical findings.
- Digital evidence, such as text messages, social media activity, location data, and dating app records.
- Witness statements from anyone who had contact with either party before, during, or after the incident.
- The complainant’s recorded statement, often taken shortly after the report and sometimes revisited later as the case develops.
Because this evidence is being gathered whether or not the accused is aware of it, having an attorney involved early allows for independent investigation, preservation of exculpatory evidence, and early engagement with the prosecutor’s office before charging decisions are finalized.
Common Defenses in Sexual Assault Cases
Every case is different, and the right defense strategy depends entirely on the specific facts. Common approaches include:
- Consent. In many adult cases, the central dispute isn’t whether an encounter happened, but whether it was consensual. Text messages, witness accounts, and the broader context of the relationship often become critical evidence.
- Mistaken identity. In cases involving a stranger or an unfamiliar assailant, DNA evidence, surveillance footage, or alibi evidence can directly challenge whether the accused was even involved.
- False or exaggerated allegations. Motive, inconsistencies in the complainant’s account, and corroborating or contradicting evidence can all be relevant where an allegation doesn’t hold up under scrutiny.
- Insufficient evidence. Because these are serious felony charges, the State bears the burden of proving every element beyond a reasonable doubt, and a case built primarily on an uncorroborated account can be vulnerable to challenge.
- Constitutional and procedural issues. Improper interrogation tactics, lack of probable cause, or mishandled forensic evidence can sometimes lead to evidence being excluded or a case being weakened substantially.
Steps to Take If You’ve Been Accused
What you do in the early days of a case can shape the entire outcome.
- Say nothing to police without an attorney present. Politely decline to answer questions and ask to speak with a lawyer before any interview, recorded or otherwise.
- Do not contact the accuser. Even a well-intentioned message asking to talk things through can be used as evidence or, if a protective order is in place, lead to a separate criminal charge.
- Preserve your own evidence. Text messages, call logs, location history, and witness contacts can all matter, and they’re far easier to gather before memories fade or data gets deleted.
- Avoid discussing the case on social media or with mutual acquaintances. Statements made casually can resurface in an investigation in ways you don’t expect.
- Contact an attorney immediately, even before an arrest happens. Early legal involvement can sometimes influence charging decisions before a case is formally filed.
Common Mistakes People Make
- Agreeing to a police interview without a lawyer. Investigators are trained to elicit statements that can later be used against the accused, even in a conversation that feels informal or friendly.
- Trying to clear things up directly with the accuser. This almost always backfires, whether or not a protective order is in place.
- Assuming a lack of physical evidence means the case will go away. Prosecutors can and do pursue cases built on testimony and circumstantial evidence alone.
- Waiting until after an arrest to get legal help. Some of the most important opportunities to influence a case happen during the investigation, before charges are ever filed.
- Posting about the situation online. Anything written publicly can be retrieved and used during an investigation or at trial.
How a San Antonio Sexual Assault Criminal Defense Attorney Can Help
Because these cases move quickly and carry some of the most serious consequences in Texas criminal law, having an experienced san antonio sexual assault criminal defense attorney involved from the earliest possible point can make a meaningful difference. That help typically includes:
- Advising you on exactly what to say, and what not to say, to police and investigators.
- Launching an independent investigation, including locating witnesses and preserving digital evidence before it disappears.
- Engaging with the prosecutor’s office early, sometimes before formal charges are filed, to present context or evidence that affects the charging decision.
- Identifying weaknesses in the State’s forensic, digital, or testimonial evidence.
- Building the strongest possible defense strategy for trial, while also exploring negotiated resolutions where appropriate.
Del Prado Law has defended clients against sexual assault and aggravated sexual assault charges throughout San Antonio and Bexar County for more than 35 years. As a Board-Certified criminal defense attorney san antonio tx residents turn to for serious felony matters, Mario Del Prado’s background as former Chief of the Bexar County District Attorney’s Criminal Trial and Major Crimes Divisions gives him a detailed understanding of exactly how prosecutors build and evaluate these cases.
Frequently Asked Questions
Should I talk to the police if I’m accused of sexual assault?
No, not without an attorney present. Even a conversation that feels routine or like an opportunity to clear your name can produce statements that are later used against you.
What’s the difference between sexual assault and aggravated sexual assault in Texas?
Sexual assault is generally a second-degree felony. It becomes aggravated sexual assault, a first-degree felony, when certain factors are present, such as serious bodily injury, the use of a deadly weapon, or a victim younger than 14.
Will I have to register as a sex offender if convicted?
In most sexual assault cases, yes. A conviction, and in most instances even deferred adjudication, triggers mandatory registration, generally for life for the more serious offenses.
What should I do if I’m served with a protective order along with the charge?
Treat it as a completely separate legal matter with its own hearing and its own rules. Avoid any contact with the protected person and speak with your attorney about how to respond before the hearing date.
Can charges be dismissed if the accuser recants or stops cooperating? It’s possible, but the prosecutor, not the accuser, controls whether a case moves forward. A change of heart can be a meaningful factor, but it doesn’t guarantee dismissal, especially in cases with other supporting evidence. Our guide on whether domestic violence charges can be dropped in Texas covers this same dynamic in more detail, since the rules around who controls a case are similar across family violence and sexual assault matters.
Is there a time limit on when sexual assault charges can be filed?
For most adult cases, Texas generally allows ten years from the date of the offense, with certain exceptions. For cases involving a child victim, there is typically no time limit at all, which means these cases can be filed many years after the alleged incident.
Protect Your Future Starting Now
A sexual assault accusation is one of the most serious situations a person can face in the Texas criminal justice system, and the choices made in the earliest hours often shape everything that follows. You don’t have to navigate this alone, and you shouldn’t try to.
If you or someone you love has been accused of sexual assault in San Antonio or Bexar County, contact Del Prado Law immediately. As a Board-Certified san antonio sexual assault criminal defense attorney families have trusted for more than three decades, Mario Del Prado is ready to start building your defense from the very first call.
Call 210-663-3750 now for a confidential consultation.