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A Step-by-Step Legal Survival Guide for Those Facing Sexual Assault Allegations in Texas
If you or a loved one is facing sexual assault charges in Texas, the stakes could not be higher. Texas law imposes some of the toughest penalties in the country: long prison sentences, lifetime sex-offender registration, and devastating personal and professional consequences.
On this page you’ll find detailed FAQs, explainer videos, and infographic breakdowns of the legal process to help you understand what prosecutors must prove and what defenses may apply in your case.
We also highlight selected client results and verified Google reviews from Texans who turned to us during the most stressful moments of their lives.
Every case is different, and our defense team takes a personalized, strategic approach designed to protect your freedom, your future, and your reputation. Contact us for a confidential case review.
Understanding how Texas law defines conduct without consent in sexual assault cases
The investigation and legal process explained
Understanding the stakes of a sexual assault charge
To help you understand your rights and what to expect when facing a sexual assault accusation in Texas, we’ve answered the most common questions our attorneys receive from clients across Texas. These FAQs walk you through key legal standards, possible penalties, the legal process, and the defenses that may apply in your case. Click any question for its answer.
Legal Standards
Penalties
Defenses
Investigation
Trial
Evidence
Click a chapter to read an excerpt from Stephen Hamilton’s guide for those facing sexual assault allegations in Texas.
Over the years I have tried on average more cases in a year than most criminal lawyers try in ten years, and I have handled over 100 jury trials.
I believe I am in court so often for two reasons. First, I like my clients. If I can help them in their time of need I want to do whatever I can. Second, I like trials. I enjoy the stress that comes with being in trial. I believe that when I walk in that courtroom, as arrogant as this might sound, I am in charge.
Sexual assault cases are among the toughest that I handle. Six attributes make them difficult:
Many sexual assault cases lack physical evidence or witnesses, turning entirely on credibility determinations between the accuser and the accused. When consent is the central issue, defense attorneys must challenge an accuser’s account while maintaining courtroom professionalism and focusing solely on defending the accused.
The question of consent introduces profound ambiguity. Unlike most crimes where the act itself is illegal (you can’t legally rob someone), sexual contact can be entirely legal with consent. Defense attorneys must navigate complex questions about intoxication, verbal versus non-verbal communication, and whether the conduct met the legal definition of being without consent under §22.011(b).
Jurors bring deeply personal beliefs about sexuality, gender, and victimhood into the courtroom. The #MeToo movement and increased awareness of sexual violence have made juries more sympathetic to accusers, which can complicate defense presentation and require careful strategic framing.
Unlike cases where forensic evidence or surveillance footage can definitively prove or disprove what happened, sexual assault cases often hinge entirely on witness credibility. Defense attorneys must cross-examine accusers in ways that challenge inconsistencies while maintaining professional courtroom demeanor and advancing the defense strategy.
Many traditional defense strategies are restricted in sexual assault cases. Rape shield laws limit the ability to introduce evidence about an accuser’s sexual history, even when the defense believes it has relevance to consent or credibility under allowable exceptions.
The stakes are extraordinarily high. Convictions often carry mandatory sex offender registration, which can mean lifetime monitoring, housing restrictions, and employment limitations that go far beyond prison time. This can make plea negotiations more complex.
"I take on difficult cases because my clients deserve a strong advocate who will fight for them when the stakes are highest."
Jeremy Belvin
“My attorney was phenomenal and wrapped up the entire felony case and had it reduced to a misdemeanor in in 3 months time start to finish. The office personnel were just as amazing and messaged me about any updates. I wasn’t a bargaining chip like most attorneys use clients for. Everything was laid out plain and simple, and I had to do my part.”
Freddie Young
“Very professional lawyers, they weren’t afraid to step in the middle of the prosecutors’ circle and talk them down to a lesser charge. I’m very satisfied with the outcome of my case. Hopefully I won’t have to, but if I do I will call them for their service again.”
Kendall Anderson
“Texas Criminal Defense Group came through for me in one of the scariest times of my life. Having representation that is familiar with the process was very important to me. I had that with them, and would recommend and use them again.”
