Sexual Assault

Texas Sexual Assault Defense Attorneys | Dotzel Calhoun

Dotzel Calhoun represents individuals accused of Sexual Assault, Aggravated Sexual Assault, Sexual Assault of a Child, and other serious sex offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas. Attorneys Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials.

Sexual assault cases are among the most serious and sensitive criminal cases prosecuted in Texas. They often involve sharply disputed accounts of what occurred, questions of consent, alcohol or drug use, text messages and social media, forensic medical examinations, DNA evidence, witness credibility, and statements made before and after the alleged incident.

Because an accusation alone can have an immediate effect on a person’s reputation, employment, family, and freedom, these cases should be investigated carefully from the beginning.

What Is Sexual Assault in Texas?

Texas Penal Code §22.011 generally prohibits intentionally or knowingly engaging in certain sexual acts with another person without that person’s consent.

In an adult sexual-assault case, the central dispute is frequently not whether sexual activity occurred, but whether the State can prove beyond a reasonable doubt that the activity occurred without consent.

Sexual Assault is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000, although particular circumstances can change the degree of the offense.

What Does “Without Consent” Mean in a Texas Sexual Assault Case?

Texas law identifies numerous circumstances in which sexual activity may be considered to occur without consent.

The most familiar situation involves the use of force or threats. But lack of consent is not limited to cases involving physical violence.

Depending on the circumstances, Texas law, generally speaking, may also treat sexual activity as nonconsensual when a person is unconscious, physically unable to resist, unable to understand the nature of the act because of a mental condition, or placed in certain situations involving abuse of authority or professional relationships.

Because the issue of consent is highly fact-specific, the complete circumstances surrounding the interaction can become critical evidence.

Does the Alleged Victim Have to Physically Resist?

No.
A sexual-assault prosecution does not necessarily require proof that the alleged victim physically fought, screamed, or attempted to escape.

For that reason, the absence of defensive injuries does not automatically prevent prosecution.
At the same time, evidence concerning the conduct of both people before, during, and after the alleged event may become important when determining whether the State can prove lack of consent beyond a reasonable doubt.

Can Sexual Assault Be Charged When the People Were Dating or Previously Had a Sexual Relationship?

Yes.
Marriage, dating, or a prior consensual sexual relationship does not by itself establish consent to a particular sexual encounter.

However, the history of the relationship may provide important context. Text messages, previous communications, plans made before the encounter, statements afterward, witness observations, and other evidence can become relevant when the parties give different accounts of what occurred.

A defense investigation should therefore examine the entire relationship and timeline, not simply the few minutes surrounding the alleged offense.

What Is Aggravated Sexual Assault?

Aggravated Sexual Assault involves a sexual assault combined with particular aggravating circumstances.
In an adult case, aggravating circumstances can include situations in which the State alleges that the accused:

• caused serious bodily injury or attempted to cause the death of another person;
• placed another person in fear that death, serious bodily injury, or kidnapping would imminently occur;
• used or exhibited a deadly weapon;
• acted with another person in the commission of the offense; or
• administered certain substances with the intent of facilitating the offense.

Aggravated Sexual Assault is generally a first-degree felony, carrying a potential punishment of 5 to 99 years or life in prison and a fine of up to $10,000.

Can Someone Be Charged With Sexual Assault When Alcohol Is Involved?

Yes.
Alcohol is involved in many sexual-assault investigations, particularly allegations arising from bars, parties, dates, hotels, college settings, and social gatherings.

Alcohol can create difficult factual questions.

Investigators may examine how much each person drank, whether either person appeared intoxicated, what witnesses observed, receipts and surveillance footage, text messages, rideshare records, location data, and what the people involved remember.

In some cases, the dispute concerns whether the alleged victim was capable of consenting. In others, both people may have consumed substantial amounts of alcohol and later give very different accounts of the event.

The mere presence of alcohol does not itself resolve whether a sexual assault occurred.

What Is a Sexual Assault Forensic Examination or “SANE Exam”?

After an allegation of sexual assault, the alleged victim may undergo a forensic medical examination, commonly performed by a Sexual Assault Nurse Examiner, or SANE.

The examination may include documenting injuries, collecting biological material, obtaining clothing or other evidence, and recording information provided by the patient concerning the alleged assault. Texas law provides procedures governing forensic medical examinations and the collection of evidence in sexual-assault cases.

A SANE examination can become important evidence, but the meaning of the findings depends on the particular case.

The presence of DNA may establish sexual contact without necessarily resolving whether that contact was consensual. Likewise, the presence or absence of physical injury does not automatically establish whether a sexual assault occurred.

A defense attorney should examine not merely whether a SANE examination occurred, but what the examination actually shows and what conclusions can legitimately be drawn from it.

Does There Have to Be DNA or Physical Injury?

No.
Texas does not require prosecutors to produce DNA evidence or documented physical injuries in every sexual-assault prosecution.

In fact, Texas law permits a sexual-assault conviction to be supported by the uncorroborated testimony of the alleged victim under circumstances provided by Article 38.07 of the Code of Criminal Procedure.

This makes credibility particularly important in many sexual-assault trials.

When physical evidence is limited, the case may turn heavily on statements, electronic communications, witness testimony, timelines, conduct before and after the alleged event, and whether one account is consistent with other available evidence.

Can Someone Be Prosecuted Based Primarily on One Person’s Accusation?

Yes.
A sexual-assault case does not necessarily require an eyewitness, video recording, DNA match, or confession.
Some cases ultimately become a credibility contest between the accused and the person making the allegation.
But “one person’s word against another” does not mean there is no evidence to investigate.
An experienced defense attorney may examine:

• prior and subsequent text messages;
• phone records;
• social-media communications;
• photographs and videos;
• location information;
• surveillance footage;
• rideshare records;
• witnesses who saw either person before or after the encounter;
• prior inconsistent statements;
• medical evidence;
• 911 recordings;
• statements to friends or family;
• statements made to law enforcement; and
• other evidence bearing on either account.

Small pieces of evidence can become extremely important when credibility is the central issue.

What if the Sexual Assault Was Reported Days, Months, or Years Later?

A delayed report does not automatically prevent prosecution.

There are many reasons an alleged victim may report an accusation sometime after the alleged event, and prosecutors may proceed even when substantial time has passed.

From the defense perspective, delay can also create significant investigative issues. Memories fade, text messages disappear, surveillance video is overwritten, phones are replaced, witnesses become difficult to locate, and physical evidence may no longer exist.

That makes reconstructing the historical timeline particularly important in older allegations.

Texas also has special statutes of limitation for sexual offenses, including circumstances in which there may be no limitation period. The applicable limitation period depends on the exact offense and facts.

How Important Are Text Messages and Social Media in a Sexual Assault Case?

Electronic communications can be some of the most important evidence in a sexual-assault investigation.

Messages exchanged before an encounter may establish plans, the nature of the relationship, expectations, location, or state of mind.
Communications afterward may be used by either side to support its account of what occurred.

A defense attorney should ordinarily seek to understand the entire conversation, rather than evaluating isolated screenshots selected by one party.

Phones may also contain photographs, videos, location history, application data, call logs, rideshare information, and other evidence that can help reconstruct a timeline.

Potential evidence should be preserved rather than deleted or altered.

What Evidence Is Used in a Sexual Assault Case?

Depending on the allegation, evidence can include:

• the alleged victim’s statements;
• the accused’s statements;
• text messages and social-media communications;
• phone extractions;
• SANE examinations and medical records;
• DNA or other biological evidence;
• photographs;
• surveillance or security video;
• body-camera footage;
• 911 recordings;
• witness testimony;
• bar or restaurant records;
• rideshare information;
• location evidence;
• hotel or apartment access records;
• toxicology evidence; and
• evidence concerning the relationship between the parties.

The existence of evidence does not necessarily establish what that evidence proves. Sexual-assault cases often require careful evaluation of how individual pieces of evidence fit into the larger timeline.

What Defenses Apply to a Sexual Assault Charge?

The appropriate defense depends entirely on the facts. Important issues may include:

• Consent: In many adult sexual-assault cases, sexual activity is acknowledged but the parties disagree about whether it was consensual. Communications and conduct before, during, and after the encounter may become critical.
• The Allegation Is False: Some cases involve an accusation that the defense contends simply did not occur. Motive, inconsistencies, objective evidence, timelines, prior statements, and witness credibility may all become important.
• Mistaken Identity: In appropriate cases, DNA, video, location data, phone records, or other evidence may establish that the accused was not the person involved.
• Credibility and Inconsistent Statements: Investigators may obtain multiple accounts from the person making the allegation. Differences between the initial report, 911 call, medical history, police interview, grand-jury testimony, and later testimony can become significant.
• Electronic Evidence: Text messages and phone evidence may contradict or materially change the context of an allegation.
• Forensic Evidence: DNA, medical evidence, toxicology, or physical findings may support, contradict, or simply fail to resolve the allegations.
• Lack of Required Mental State: The State must prove the elements and mental state required by the particular offense beyond a reasonable doubt.
• Unlawfully Obtained Evidence: Statements, phone evidence, or other evidence obtained through an unconstitutional search, seizure, or interrogation may sometimes be suppressed.
• Insufficient Evidence: Ultimately, the State bears the burden of proving every required element beyond a reasonable doubt.

Should I Speak to Detectives if I Am Accused of Sexual Assault?

A person accused of sexual assault should be extremely cautious about giving a statement to detectives before speaking with an experienced criminal defense attorney.

Investigators sometimes contact the accused before an arrest has been made. The detective may say that he or she simply wants to hear the accused’s side of the story.

That conversation can nevertheless become evidence.
The accused may not know exactly what has been alleged, what the complainant has said, what messages investigators possess, or what other evidence already exists. Trying to explain an accusation without that information can create problems that did not previously exist.
There may be cases in which providing information to investigators is strategically appropriate. That decision should ordinarily be made after counsel understands the allegation and potential evidence rather than during an unexpected interview.

What Should Someone Do Immediately After Being Accused of Sexual Assault?

A person who learns that he or she has been accused of sexual assault should avoid deleting messages, wiping a phone, destroying photographs, contacting witnesses in an attempt to influence what they say, or confronting the person making the allegation.
Instead, potentially relevant evidence should be preserved.

That can include complete text-message threads, social-media communications, photographs, videos, location history, receipts, rideshare records, names of witnesses, calendar information, and communications occurring both before and after the alleged incident.
Early involvement by a defense attorney may allow important evidence to be identified and preserved before it disappears.

Can a Sexual Assault Case Be Defended Before an Arrest or Indictment?

Yes.
Some sexual-assault investigations last weeks or months before an arrest or indictment occurs.
During that period, a defense attorney may investigate the allegation, preserve electronic evidence, identify and interview witnesses, obtain records, determine whether the accused should communicate with law enforcement, and present favorable information to prosecutors when strategically appropriate.

If the case reaches the grand-jury stage, counsel may sometimes submit a grand jury packet containing evidence and legal arguments with a request that the material be considered before the grand jury decides whether to indict.

Providing information before indictment is a strategic decision. In the right case, early advocacy can significantly affect the prosecution. In another case, prematurely revealing the defense may simply give prosecutors additional information.

Can a Grand Jury Decline to Indict a Sexual Assault Case?

Yes.
Most felony sexual-assault cases must be presented to a grand jury before the prosecution can proceed in district court.
The grand jury determines whether sufficient probable cause exists to return an indictment. If the grand jury returns a No Bill, it declines to indict the accused.

Depending on the circumstances, a defense lawyer may attempt to provide the grand jury with evidence or legal arguments before that decision is made.

The decision whether to submit a grand-jury packet should be made after considering the strength of the State’s evidence, the defense evidence available, and the strategic risk of revealing the defense before trial.

Will a Sexual Assault Conviction Require Sex-Offender Registration?

Sexual Assault and Aggravated Sexual Assault are reportable sex offenses under Texas law and can carry extremely serious sex-offender-registration consequences.
Texas DPS identifies Sexual Assault and Aggravated Sexual Assault as “sexually violent offenses” for registration purposes, and these offenses can result in lifetime registration requirements.
Because registration can affect housing, employment, travel, family relationships, and many other aspects of life, these consequences should be considered alongside the potential prison sentence when evaluating a case.

Our Experience Defending Serious Sexual Assault Allegations

Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials.
Dotzel Calhoun represents individuals accused of Sexual Assault and other serious sex offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas.
Our attorneys evaluate these cases from the beginning with an eye toward how the evidence would ultimately appear to a jury. That can require analyzing witness credibility, digital communications, forensic and medical evidence, DNA, police interviews, timelines, prior statements, and evidence concerning the relationship between the people involved.

How Can a Texas Sexual Assault Defense Attorney Help?

An experienced sexual-assault defense attorney can:

• Begin investigating before charges are filed
• Preserve text messages, videos, location information, and other electronic evidence
• Analyze the complete history of communications between the parties
• Interview witnesses
• Review police interviews and recorded statements
• Analyze SANE examinations and medical evidence
• Evaluate DNA and other forensic evidence
• Work with appropriate experts
• Review phone extractions and digital evidence
• Challenge unlawfully obtained statements or evidence
• Present evidence before indictment when strategically appropriate
• Negotiate for dismissal or reduction when supported by the evidence
• Prepare the case for jury trial from the beginning
• Defend the accused before a jury when necessary

Contact Dotzel Calhoun

A sexual-assault accusation can threaten a person’s freedom, reputation, career, family, and future long before a trial ever occurs.
Early investigation can be particularly important because electronic evidence can disappear, surveillance recordings can be overwritten, witnesses’ memories can change, and important decisions may be made before an indictment is returned.

Dotzel Calhoun represents individuals accused of Sexual Assault and other serious sexual offenses in Collin County, Dallas County, and throughout North Texas.

Contact Dotzel Calhoun at (972) 372-9383, or info@dotzelcalhoun.com for a confidential consultation and case evaluation.

Past results do not guarantee or predict a similar outcome in a future case. Every case depends on its own facts and circumstances