Being charged with sexual assault, or other related crimes carry serious legal repercussions. However, those accused of sexual assault are innocent until proven guilty and deserve sound legal defense in the courtroom like anyone accused of a crime.

At Gustitis Law, we provide clients accused by the criminal justice system with hope by sharing our knowledge and experience. We defend persons charged with crimes including sexual assault, statutory rape, indecent exposure, lewd conduct, prostitution, child solicitation, aggravated sexual assault of a child, and invasive visual recording.

But when approaching your court date or legal proceeding, it’s best to be informed. Know your rights and what might be required if accused of sexual assault, or a related crime. Information can make a huge difference in the outcome of your case. See below for information on sexual assault crimes, proceedings, and details.

Statute of Limitations

  • Those pursuing legal action for sexual assault must do so within the bounds of the following statutes of limitations:
    • No limitation:
      • Continuous sexual abuse of a young child/children
      • Aggravated sexual assault of a child
      • Sexual assault of a child
      • Indecency with a child
      • Sexual assault of an adult if DNA evidence is present
    • 20 years from the victim’s 18th birthday:
      • Sexual performance by a child
      • Aggravated kidnapping with intent to commit a sexual offense
      • Burglary of a habitation with intent to commit a sexual offense
    • 10 years from the date of the commission of the offense:
  • Sexual assault of an adult
  • Aggravated sexual assault of an adult

Civil Suits

A civil sexual assault case is handled by the alleged victim. Alleged victims may file a lawsuit against the accused, which can require the accused to pay compensation for physical and/or emotional damage. Victim’s attorneys are keen to take up these cases if the accused has assets. If not, it is usually impossible to obtain damages awarded by the court.

If a civil sexual assault case confirms the accused is liable, they may be ordered to pay damages, including legal fees, medical expenses, psychological damage, damage to relationships, lost wages, and so on.

Criminal Prosecutions

A criminal sexual assault case is handled as a crime against the state. It is brought to the court by the state prosecutor, rather than the alleged victim. That means the accuser only appears as a witness for the prosecution. Consequently, they have no further control of the case.  If a defendant is found innocent, they cannot be tried again for the same crime in criminal court. However, a civil suit for damages can still be filed against them.

Bonds and Bails

If accused, you have the right to reasonable bail. It must be high enough to ensure the accused comes to court but cannot be used as punishment. In setting bail, the nature of the offense, as well as the safety of the victim and the community, will be considered.

Additionally, if the victim is under 14 years old, the accused’s bond will require they avoid schools, residences, or other locations frequented by the child. If the accused violates any of these bond conditions, their bond can be revoked.

Protective Orders

A protective order is a civil court order having both civil and criminal consequences if violated. Those accused of sexual assault, who have protective orders entered against them, may be arrested or prosecuted if they violate the protective order. Read more about protective orders here.

Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 27 years of experience practicing in the Bryan-College Station Area. Have questions about sexual assault accusations and need a sexual assault lawyer? Contact us 24 hours a day at 979-823-9111 or send us a message here.