Dallas, San Antonio, Houston and Austin Offices of the Charles Johnson Law Firm
Charles Johnson Law Firm
Charles Johnson Law Firm Home See Our Case Results About Us Resources Contact Us Austin Criminal Lawyer Blog
Austin Criminal Defense Lawyer
 

Download our
Texas DWI Lawyer
iPhone App!

You can always be assured
that help will be there
when you need it.

Texas DWI Lawyer iPhone App
Call now
 

Austin Criminal Defense Blog



Tag Archive for sexual intercourse

Arrested for Public Lewdness? Get Proven Aggressive Defense from Austin Lawyer Charles Johnson

download (13)

Generally speaking, an act of public lewdness according to the Texas Penal code is public fornication. A person commits an offense when he or she knowingly engages in any of the following acts in a public place or, while another person is present who might be offended or alarmed by his or her:

  • act of sexual intercourse;
  • act of deviate sexual intercourse;
  • act of sexual contact; or
  • act of sexual contact with an animal or fowl.

An offense is punishable by a maximum fine of $4,000 and/or not more than one year in prison.

Under the Texas Penal Code, public lewdness is considered a misdemeanor. A conviction, however, could have as much impact as a felony. Public Lewdness cases are almost exclusively enforced in situations involving two men. Many men each year are charged by the Vice Squad in adult movie theaters, spas, parks or outside of gay clubs and bars.

Austin Public Lewdness Defense Lawyer: The Charles Johnson Law Firm

If you are arrested for public lewdness, contact our office as soon as possible. We have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood.

We can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Public Lewdness Arrests

Austin Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Austin Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Austin Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Austin Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Austin, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested for Prostitution? Austin Prostitution Defense Lawyer

Download “Arrested for Prostitution? Austin Prostitution Defense Lawyer Charles Johnson” in PDF Format

Related News Stories – Prostitution Arrests in Austin

Arrested for Sexual Assault of a Child? Proven Attorney Charles Johnson Can Help You

Houston Domestic Violence Lawyer Charles Johnson

Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.

Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.

No Requirement of Force

Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike “forcible rape,” statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape.

Age of Consent

Individuals cannot legally have sexual contact with an individual who is not of age. The legal age of consent may vary by state. For instance, the legal age of consent in Texas is 17. Some states have a legal age of consent as low as 14 while other states have a legal age of consent of 18.

An individual who has sexual contact with a person below the age of consent may face punishment. In general, sexual contact is considered any act intended to arouse another person. As such, an individual may be found guilty of statutory rape even if he or she did not have sexual intercourse with a minor.

Historically, statutory rape has been a “strict liability” offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14.

Factors Affecting the Level of Offense Charges and Penalties

Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed.

Statutory rape is a felony offense, so an individual who is found guilty of the crime may face several years in prison. In Texas, for example, the crime is a second-degree felony, so an individual may be sentenced to up to 20 years in prison.

Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders.

Exceptions to Statutory Rape Laws

Though statutory rape laws make it illegal for individuals to have sexual relationships with people below the age of consent, some exceptions do exist. Generally, these exceptions include:

  • The individuals are within a certain number of years of one another
  • The individuals dated before one was above the age of consent
  • The younger individual is within so many months of being at the age of consent

These rules may not apply in all circumstances, so individuals should contact a legal authority to learn more about their legal rights regarding relationships with minors.

Professionals Required to Report

Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others.

Austin Statutory Rape Defense Lawyer: The Charles Johnson Law Firm

Statutory rape is a state sex crime that can be punishable by incarceration, fine, probation, and/or registry as a sex offender. If you are facing Statutory Rape charges, speak with an experienced and aggressive attorney from the Charles Johnson Law Firm in Austin, Texas.

can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Sexual Assault of a Child

Austin Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Houston Homicide Lawyer Charles Johnson

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?
Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD.  It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age.  Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?
Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they are a permanent record of the abuse of a child. The lives of the children featured in these illegal images and videos are forever altered. Once these images are on the Internet, they are irretrievable and can continue to circulate forever. The child is revictimized as the images are viewed again and again.

Austin Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Child Pornography in Austin, TX

Improper Relationship Between Educator and Student

Best Austin Sex Crimes LawyerAt least once a year a case involving allegations of a sexual relationship between a teacher and student comes blaring across the metro section of the paper. Although the relationships are typically consensual, the teacher is prosecuted under a specific provision of the penal code prohibiting an Improper Relationship Between Educator & Student. It is important to note that the offense is neither limited to teachers nor limited to sexual contact; risqué text messages are enough:

  1. An employee of a public or private primary or secondary school commits an offense if:
  2. the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee’s spouse, or
  3. with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
  • communicates in a sexually explicit manner with a minor; or
  • distributes sexually explicit material to a minor, or
  • the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

All three different acts could be prosecuted under separate statutes. For cases involving minors under 17, the educator could be prosecuted under the Aggravated Sexual Assault statute, the Indecency with a Child by Contact statute, or the Indecency with a Child by Exposure statute. For situations involving sexually explicit communications with a minor, the educator could also be prosecuted under the separate computer crime of online solicitation of a minor.

The only difference between this statute and the laws prohibiting otherwise consensual sexual contact is age. While the sexual assault statutes prohibit sexual contact for minors under 17, the student-teacher statute makes it a crime for consensual sexual contact involving students who are 17 years of age and older. Under the strict mandates of the statute, a person who is legally an adult cannot have sexual contact with their teacher or school administrator so long as he or she is enrolled in the same school. For those adults in night school with a crush on their teacher: you now have a reason they’re ignoring your advances.

Austin Criminal Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of Improper Relationship Between Educator and Student may result in incarceration and the loss of your Teaching Certificate. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Improper Relationship Between Educator and Student

Charged with Sexual Assault? Protect Your Future With the Leading Austin Sex Crimes Lawyer

Sexual Assault Lawyer Charles Johnson

Unlike many other types of criminal defense cases, sexual assault defense cases require an extremely delicate touch. Sexual assault is a term which encompasses rape, attempted rape, sexual abuse and battery, molestation, and other crimes.

One of the most difficult aspects of sexual assault defense is the fact that there are rarely ever any witnesses to sexual assault crimes. In addition to the lack of witnesses, there is usually little evidence a rape, attempted rape, molestation, or other sex crime, ever occurred. Taking away evidence and witnesses, what we are left with is one word vs. another – the victim’s claim, and the suspect’s defense, both people’s lives often drastically affected by the severity of the event and the legal outcome.

It is the responsibility of your lawyer to thoroughly research all aspects of your case and assist you with whatever legal facilitation you need through this difficult time.

Don’t Make A Serious Mistake: Make The Right Choice For Your Sex Crimes Defense Attorney

If you or someone you care about is facing a charge of rape or sexual assault, you can’t afford to make a mistake with who you hire as your Austin Sex Crimes Defense Attorney. These types of criminal charges demand an attorney that has defended these types of cases successfully for many years. Our proven results are among the best in the legal profession in Texas. We know how to very aggressively and successfully defend Texas sex crime charges, and we know how to make sure you are legally protected to the maximum extent possible.

Make the wrong move – hire an attorney who only handles these cases “occasionally,” or hire an attorney based on the lowest fee you’re quoted – and you may find yourself in prison for something you may not be legally guilty of doing. If you are in this situation right now, you probably have a hundred questions to ask. Contact Austin Sexual Assault Lawyer Charles Johnson anytime night or day at 512-832-1200 for your free consultation. Attorney Johnson will help you decide what, legally, you need to do.

What Is Sexual Assault?

Sexual Assault” is any form of sexual contact or penetration that is committed against another person without his or her consent.  Victims of sexual assault can be compelled to participate through physical force, fear, coercion, deception, or the use of intoxicants such as drugs or alcohol.  Some types of sexual violence that doesn’t involve force or other forms of compulsion are still considered criminal.

Sexual Assault is broadly defined as the full range of forced sexual acts, including forced touching or kissing; verbally coerced intercourse; and vaginal, oral, and anal penetration. Researchers typically include in this category only acts of this nature that occur during adolescence or adulthood; in other words, childhood sexual abuse is defined separately. Both men and women can be sexually assaulted and can commit sexual assault. The vast majority of sexual assaults, however, involve male perpetrators and female victims.

Other examples of sexual assault include:

Date or acquaintance rape which involves non-consensual sexual intercourse committed by a date or someone known to the victim, such as an acquaintance, friend, co-worker, date, or spouse.  This includes incidents where the victim is unable to provide consent (e.g. unconscious, asleep, or under the influence of a substance). Most rapes are acquaintance rapes.

Alcohol-involved rape: Rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident.

Attempted rape: An act that fits the definition of rape, in terms of the strategies used, but does not result in penetration.

Childhood sexual abuse: Sexual abuse that occurs to a child (the term “child” is generally defined as age 13 or younger). Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.

Date rape: Rape committed by someone that the victim is dating. Among college students, approximately one-half of all rapes are committed by a date.

Marital rape: Rape committed by the victim’s spouse. Marital rape often is committed in association with verbal and physical abuse.

Stranger rape: Rape committed by someone that the victim does not know. Less than 20 percent of rapes are committed by strangers, although most people believe that stranger rape is the prototypical rape.

Flashing” or “Exhibitionism” involves the exposure of a person’s genitals to cause alarm or fear in another person or to provoke sexual interest in the viewer.

Peeping” or “Voyeurism” is secretively observing someone, without the person’s permission, for the purpose of sexual gratification.

Stalking” or “Cyber stalking” are forms of harassment generally comprised of repeated and persistent following, calling, writing, texting, etc. with no legitimate reason and with the intention of harming, or so as to arouse anxiety or fear of harm in the person being followed or contacted.

Anyone — men, women, and even children — can be sexually assaulted.  Sexual assault is usually defined as sexual activity between two or more people in which one of the people is coerced or threatened with harm.  The sexual activity may include fondling, sexual intercourse, oral sex, and/or anal sex. The sexual aggressor can be a family member, like a husband or father, or a friend, date, acquaintance, or stranger.

Sexual assault is a crime that has become an epidemic problem.  Sexual assault can be an extremely stressful, terrifying event and can severely disrupt the victim’s lifestyle and coping patterns.  During a sexual assault, the victim may have feelings of powerlessness and uncertainty about whether he or she will survive.  Frequently the victim’s life is directly threatened and the victim may be physically injured in a variety of ways.  At the same time, the victim must remain alert, trying to protect him or herself from even more harm. Children who may be present are often threatened, adding to the terror and causing the victim to feel responsible for protecting them.

Studies show that the impact of sexual assault varies from person to person.  Victims may no longer feel safe, may lose self-esteem, feel powerless, and lose the ability to trust others or develop intimacy.  The more terrifying the assault, and the more the person’s life is threatened, the more problems victims usually have afterwards.  Having suffered previous traumatic events can also contribute to greater problems.

Sexual assault of adolescent and adult women has been called a silent epidemic, because it occurs at high rates yet is rarely reported to the authorities. Several reasons contribute to the underreporting of sexual assault cases. Many victims do not tell others about the assault, because they fear that they will not be believed or will be derogated, which, according to research findings, is a valid concern. Other victims may not realize that they have actually experienced legally defined rape or sex­ual assault, because the incident does not fit the prototypic scenario of “stranger rape.” For example, in a study by Abbey and colleagues, a woman wrote, “For years I believed it was my fault for being too drunk. I never called it ‘rape’ until much more recently, even though I repeatedly told him ‘no’.”
Sexual Assault Lawyer Charles Johnson

Defendants Charged With Sexual Assault

Unfortunately in many of these cases there is a tendency to favor the victim’s claim and assume that he or she is telling the truth, no matter the actual believability of the story. The courts are supposed to be fair and equal, but that is not always the case. This is why it is imperative that you find a lawyer that believes you, is on your side, and will be aggressive in making sure your story is heard while defending your rights and fighting for your freedom.

Whether there is evidence of a crime or not, an effective and experienced criminal defense lawyer should know how the legal system works and how to best defend your rights and your case. Sexual Assault defense requires many resources including precision, experience, knowledge, and dedication, all aspects that you will find when working with our lawyers. At the Charles Johnson Law Firm, we defend each of our clients with every available tactic, legal technique, investigative research, and more to secure their vindication and release. In short, we will do our best to win your case.

If you have been charged with, or are charging someone with sexual assault of any sort, please protect your rights and contact Austin Sexual Assault Lawyer Charles Johnson anytime night or day at 512-832-1200 to discuss your case.

Victims of Sexual Assault in Society

Cultural and Religious Issues

Issues having the most profound impact on victims may, in part, be attributed to their cultural or religious backgrounds. For some victims, problems associated with poverty and discrimination, as well as inadequate access to quality health care, already have resulted in a high incidence of victimization. There may exist a general distrust of medical and law enforcement personnel who play vital roles in the aftermath of sexual assault, particularly if there has been a history of unpleasant or disappointing experiences with these professionals.

In some cultures, the loss of virginity is an issue of paramount importance which may render the victim unacceptable for an honorable marriage. In other cultures, the actual event of the assault may be a more significant issue of concern for the family than is the victim’s loss of virginity.

Some religious doctrines prohibit a female from being disrobed in the presence of a male who is not her husband. A genital examination by a male physician also may be forbidden. These practices are often considered a further violation of the victim, the family or both.

The Elderly Victim

As with most other victims, elderly victims experience extreme humiliation, shock, disbelief and denial. However, full emotional impact of the assault may not be felt until the victim is alone, well after initial contact with physicians, police, legal and advocacy groups. During this time, elderly victims must deal with having been violated and possibly infected with sexually transmitted diseases. This is also when the elderly become more acutely aware of their physical vulnerability, reduced resilience and mortality.  Fear, anger or depression can be especially severe in elderly victims who are isolated, have no confidant or live on meager incomes. Fear of losing independence as a result of family members learning about the sexual assault can be a strong deterrent to reporting.  Recognizing that the offender may be a family member, friend or caretaker is also important.

The Victim with Disabilities

Persons having mental or developmental disabilities may be confused or frightened, unsure of what occurred, or they may not even understand that they have been exploited and are victims of a crime. In sexual assault cases involving victims with mental or developmental disabilities, using anatomically detailed dolls has proven to be a successful means of communication. Only those specifically trained in their use should use anatomically detailed dolls. In some cases, offenders may be family members, caretakers or friends who inflict repeated abuse because their victims are not able to report the crimes against them.

The Male Victim

It is believed that the number of adult male victims of sexual assault who report the crime or seek medical care or counseling represents only a very small percentage of those actually victimized. Although many adult males do not seek medical care unless they also have been seriously injured, male child victims are now being seen at hospitals in increasing numbers. This increase, in large measure, is a direct result of public education and more stringent child abuse reporting laws throughout the nation.

The male victim may have serious concerns regarding his inability to prevent the assault. There also may be confusion about the nature of his role as victim/participant because of a possible involuntary physiological response to the assault, such as stimulation to ejaculation. Male victims need reassurance that they were the victims of a violent crime which was not their fault, and that other sexually assaulted males have survived to function normally in every way.

The Child and Adolescent Victim

Children are not small adults either physiologically or emotionally.  Just as the physical examination protocol for children is different from the protocol for adults, the emotional needs of the child are also different. Children require the services of individuals specifically trained to provide the crisis intervention, medical examination and long-term treatment that will surely be needed as a result of acute sexual assault or chronic sexual abuse.

Adolescents are experiencing a transition from childhood to adulthood and show extremely variable reactions which may be a reflection of their individual developmental stage. There is no typical adolescent victim, and the approach to each is a challenge for even the most experienced practitioner.  Acquaintance or “date rape” may be the most under-reported type of sexual assault.  Clearly, access to long-term treatment by specifically trained individuals is essential for all child and adolescent victims.

The Domestic Violence Victim

Sexual assault by a spouse or other familial is a grave indicator of the danger a victim faces and must be taken seriously.  Forced sex is a factor in determining the potential for lethality; a woman who is raped by her partner is more likely to die at his hands. Medical personnel must determine whether the victim is a domestic violence victim so proper services and referrals can be provided.

A victim who has been sexually assaulted by a partner has likely been suffering other forms of violence during the relationship. Many victims keep physical, emotional and sexual abuse hidden from friends and family members for numerous reasons: many religions and cultures prohibit divorce, the victim believes that the abuse is deserved or does not realize a crime has been committed, the victim has no support system, the victim is financially dependent upon the abuser, or the victim fears the abuser will harm or take the children.

The Homosexual Victim

Homosexual male and lesbian victims are often reluctant to seek services for a number of reasons. There is concern of encountering barriers of prejudice or homophobia, as well as fears that the assault will not be taken seriously or even perceived as a crime. Many times the homosexual community in a given area is small; this results in limited access to qualified service providers, and the fear that the entire community will find out about the attack. Another consideration is that the victim’s family, friends or co-workers may not be aware of the victim’s sexual orientation.  Fears of ostracism by peers and family can be more traumatizing for the victim than the attack.

Bisexual and transgender victims are also at high risk for encountering prejudice and ridicule as a result of reporting sexual assault. Recognizing that sexual assault is always a crime and knowing appropriate referrals for victims who are not heterosexual is essential for all involved.

Victimization Involving Alcohol/ Drugs

Alcohol is the drug most frequently used to facilitate sexual assault. Victims often believe that because they voluntarily consumed alcohol, ecstasy or some other drug, they are to blame for the assault. It is important to understand that intoxication and the resulting diminished abilities are not causes of sexual assault; they are tools used to aid in commission of this crime.

Victims who have ingested a drug or combination of drugs may not be aware that they have been sexually assaulted. Victims may experience unexplainable soreness or injuries or a disheveled appearance. Events described as “dreamlike” or that cannot be remembered at all are strong indicators that toxicology screens are warranted and should be discussed.

Victim Reactions to Sexual Assault

After a sexual assault, victims can experience a range of responses.  However, some patterns are especially common.  Some victims report that they have repeated and frequent memories of the sexual assault that intrude on their thoughts and cannot be controlled; flashbacks, or a feeling as if they are reliving the sexual assault; nightmares; and difficulty sleeping.  In addition, sexual assault victims may experience feelings of being “on edge,” having trouble concentrating, feeling the need to continually watch over their shoulder, or being easily startled (for example, jumping at the sound of someone’s voice from behind).  Victims also report that they tend to avoid reminders of the sexual assault, including avoiding places that may resemble the place where they were assaulted; may feel less interested in things that they used to enjoy; and may feel emotionally numb.  Victims may also withdraw from social interaction or settings.  When these problems persist and disrupt daily life, mental health professionals call this group of symptoms posttraumatic stress disorder (PTSD).

In addition to PTSD, sexual assault victims frequently find that they feel depressed and hopeless about the future, which can lead to thoughts about suicide.  Many victims also report that they feel like the sexual assault was somehow “their fault,” resulting in feelings of self-blame and self-doubt.  Frequently, sexual assault victims also say that they feel generally unsafe and often have difficulties with trust and intimacy.  It is also common for sexual assault victims to have questions about their physical health and develop problems related to their sexual functioning.  Lastly, sexual assault victims may resort to using drugs or alcohol to cope with their symptoms.

Women who become victims of sexual assault typically experience the victimization as a traumatic event. There are common reactions to this kind of trauma or shock; but at the same time, each woman responds in her own unique way.

  1. Fear responses:  The most common victim reaction to sexual assault is fear. At the time of the assault, most victims have an overwhelming experience is fear — of being physically injured (beaten, cut, shot, etc.) or even of being killed. Fear responses associated with the assault (to certain sights, sounds, smells, thoughts, etc.) can persists for weeks, months, or even years. Victims who have been assaulted typically avoid anything which reminds them of the assault (places, situations, people, etc.). Some men and women become so fearful that they greatly restrict their activities, even to the point that they are unable to leave their homes or to be left alone.
  2.  Losing control:  After experiencing a sexual assault, many men and women fear that they are losing control over their lives. They have been forced to participate in an act that was against their wills. They lost control over their lives at the time of the assault, and this feeling of loss of control may continue after the assault.
  3. Flashbacks:  Victims may re-experience the assault over and over again in their thoughts and/or in their dreams. When this happens, it is almost as though the assault is actually occurring again. This re­experience of the event is called a flashback.
  4. Trouble concentrating: Sexual assault victims may find that they have trouble concentrating on things. It is as though they cannot keep their minds on what they are doing. This is can be frustrating and add to the sense of loss of control.
  5. Guilty feelings:  The most common source of guilty feelings are the result of self-blame. The victims tells him- or herself such things as, “I should not have been out that late,” or “I should have been dressed differently,” or “If I had been more careful about locking the door, this would not have happened.” Sexual assault victims may also feel guilty about what they had to in order to survive the assault, such as activities the victim felt he or she had to engage in in an effort to save him- or herself from serious physical harm or even death. In some instances, guilty feelings result from the fact that others may have been seriously harmed more than the victim herself. This is referred to as survivor’s guilt.
  6. Feeling “dirty”: Self-image frequently suffers as a result of the assault. Many victims report feeling “dirty” and may take frequent showers in an effort to feel clean.
  7. Depression: Another common reaction to sexual assault is a sense of sadness or depression. There may be feelings of hopelessness and despair, frequent crying spells, and sometimes even thoughts of suicide. A loss of interest in activities and things that previously were enjoyable often accompanies these feelings of sadness and despair. Nothing seems like it is fun anymore.
  8. Disrupted relationships: It is not unusual to see a disruption in relationships with others after a sexual assault. This is, in part, a result of the withdrawn behavior that frequently accompanies sadness and depression. The victim may also feel embarrassment and ashamed about what happened to them. However, the support of friends and family plays a vitally important role in the victim’s recovery from the trauma of sexual assault.
  9. Loss of interest in sex: After an assault it is not unusual for the victim to experience a significant loss of interest in sexual relations. It is understandable that sexual assault trauma would lead to an avoidance of sexual activity. There may be other factors involved, however. For instance, it is very common for people who are depressed to experience a decrease in libido or sexual drive.

Sexual Paraphilias (Sexual Deviations)

Definition: Receiving Sexual Arousal or Gratification in Response to Objects, Situations, and/or Non-Consenting Partners

Sexual paraphilias are commonly referred to as “sexual deviations”. There are four of these disorders, 1) sexual dysfunctions, 2) paraphilias, 3) gender identity disorders, and 4) sexual disorder not otherwise specified.

The essential feature of a paraphiliac disorder is reoccurring sexual urges and sexually arousing fantasies generally involving: (1) Non-human objects, (2) the suffering or humiliation of oneselfor one’s partner (not merely simulated), or (3) children or other nonconsenting partners.

For some individuals with a paraphilia, the paraphiliac fantasies or stimuli may always benecessary for erotic arousal and are always included in the individual’s sexual activity (including criminal activity).

In others, it occurs only episodically, i.e. during periods of stress. At other times, the person canfunction sexually without the paraphiliac fantasy or stimuli. In some instances, the paraphiliacbehavior may become the major sexual activity in this person’s life.

It is commonly accepted that when an individual is identified as having one paraphilia, there areat least one or more additional paraphilias. These individuals rarely seek treatment on their own; usually they come to the attention of mental health professionals only when their behavior has brought them into conflict with sexual partners or society (i.e. they get arrested for criminal behavior).

Any or all of the paraphilias may be exhibited by an offender during a sexual assault of a victim (adult or child). The following is a comparison of the recognized sexual paraphilias to criminal conduct:

COPROPHILIA
Feces.
False imprisonment, assault.
EXHIBITIONISM
The exposure of one’s genitals to a stranger.
Indecent exposure.
Disorderly (lewd) conduct.
FETISHISM
Nonliving objects (fetishes). The individual frequently masturbates while holding, rubbing or smelling the object or asks his partner to wear the object.
Burglary, theft, rape.
FROTTEURISM
Touching or rubbing against a nonconsenting (or unknowing) partner.
Assault, battery, sexual battery.
HYPOXYPHILIA (KOTZWARRAISM)
Producing sexual excitement by mechanical or chemical asphyxiation (hypoxia).
Accidental death, involuntary manslaughter.
INFIBULATION
Cutting, alteration, branding, infusion of the genitals (one’s own or another’s)
Assault with a deadly weapon, kidnapping, sexual battery, mayhem.
KLISMAPHILIA
Enemas.
Penetration by foreign object.
MASOCHISM
The person is aroused by being humiliated, beaten, bound, or otherwise made to suffer.
Disorderly conduct; prostitution.
NECROPHILIA
Sexual arousal with corpses.
Burglary, unauthorized mutilation, theft.
PARTIALISM
Exclusive focus on part of a body (living).
Sexual battery, assault, assault with a deadly weapon.
PEDOPHILIA
Sexual attraction to another who is legally a child (prepubescent child).
Rape, lewd or lascivious acts with a child, oral copulation, penetration by foreign object, sodomy, annoying children, child pornography, kidnapping.
PIQUERISM
Piercing of the body.
Assault with a deadly weapon, sexual battery, mayhem, tattooing.
SADISM
Receiving sexual arousal or gratification inresponse to another’s suffering (physical orpsychological).
Rape, oral copulation, sodomy, penetration by foreign object, assault with a deadly weapon, kidnapping, murder.
TELEPHONE SCATOLOGIA
Talking lewdly, on the telephone, usually to strangers.
Obscene phone calls.
TRANSVESTISM
Cross-dressing, wearing the clothing of the opposite sex.
Disorderly conduct, prostitution, theft, burglary, robbery.
UROPHILIA
Urine.
Assault, false imprisonment.
VOYEURISM
Observing unsuspecting people who are naked or engaging in sexual activity.
Disorderly conduct; “peeping” and prowling.
ZOOPHILIA
Animals.
Sexually assaulting an animal.

Texas law covers a long list of sex crimes, from rape and sexual assault to statutory rape and indecent exposure. They are all serious offenses, but among the most serious is involuntary deviate sexual intercourse. Similar to rape, it’s a crime centered around forcible sexual intercourse. Penalties can be severe, especially if a child is involved.
Sex Crime Defense Charles Johnson Law FirmIf you are facing involuntary deviate sexual intercourse charges in the Austin area, contact Austin Lawyer Charles Johnson, an experienced involuntary deviate sexual intercourse defense attorney in Texas. Call today. It is important to start working on your defense right away.

We Defend All Sex Crime Charges

Our sexual assault defense practice helps people charged with, but not limited to:

  • Child molestation, possession of child pornography, sexual assault
  • Statutory rape, sodomy, rape
  • Deviant sexual assault, sexual misconduct, enticement of minors

A conviction can mean jail or prison time as well as thousands of dollars of fines. A conviction can also require lifetime registration as a sexual offender. These sex offender registrations are open to the public including family members and employers. Failure to register as a sex offender can result in new convictions and incarceration.

Through training and experience we have a unique view and ability to handle theses types of cases. These types of cases have unique and special rules that other types of cases do not. We have experience to deal with those issues such as:

  • Special hearsay rules for child witnesses
  • Dealing with forensic interviews by law enforcement or therapists.
  • Interpreting clinical medical exams such as SAFE exams.
  • Obtaining and using evidence of prior instances of abuse from state agencies.
  • Dealing with the child witness on the witness stand.

No matter what type of sex crime you are charged with, we will respect your dignity and work to protect your reputation.

Hire the Best Sexual Assault Lawyer: Austin Criminal Lawyer Charles Johnson

Sexual Assault is a serious, life-changing event and allegation, which is why the courts take the claims so seriously. However, too frequently, there is a lack of evidence and witnesses that helps the criminal defense attorney working for the defendant to win the case. A defendant may sometimes avoid prosecution and punishment simply by just claiming a rape, molestation, attempted rape or other sexual assault act never happened.

Sometimes the prosecutor’s office is so inundated with cases that your personal case may not receive the attention it deserves. With extensive expertise in the area of sexual assault, good criminal defense lawyers are in a unique position to predict the probable legal maneuvers of the defendant’s lawyers and to address and challenge those maneuvers before they become an issue or a possible way for the defense lawyers to win their client’s case.

For this reason it is an extremely smart idea to hire the best criminal defense attorney to ensure your case is given the time and importance it should have. Contact Austin Lawyer Charles Johnson directly at 512-832-1200 now to discuss your case. He is available around the clock to take your call.

 

Austin Sexual Assault Lawyer

Download “Charged with Sexual Assault? Protect Your Future With the Leading Austin Sex Crimes Lawyer” in PDF Format

 

Related News Stories – Sexual Assault Arrests in Austin, Texas

Best Austin Sexual Assault Lawyer: Arrested For Sexual Assault?

Best Austin Criminal Defense Lawyer
Numerous states have undertaken a revision of their rape and sexual assault laws, creating a broad set of sexually related crimes. These crimes are frequently referred to collectively as sexual assault, criminal sexual conduct or sexual abuse. The chief characteristic of these laws is that they prohibit doing any kind of sexual act with an additional person against that person’s will. Usually, it isn’t necessary to show physical resistance on the part of the victim, only that the victim did not consent to the act. When you have been accused of sexual assault, seek the guidance of the Recommended Best Austin Sexual Assault Lawyer at the Charles Johnson Law Firm in Austin, TX.

The contemporary trend is to make the laws against sexual assault gender neutral so that they apply to acts by and against both men and women. Probably the most severe types of sexual assault are those committed against kids or those that involve the use of violence.

Is Sexual Assault exactly the same as Rape?

The traditional definition of rape demands an act of sexual intercourse or sexual penetration by force or against the victim’s will. Sexual assault includes contact like sexual touching. These definitions, however, vary by jurisdiction.

The majority of sexual assault allegations are made by someone who knows the accused. When a sexual act is done with a minor who seemingly consented, criminal charges might arise because minors are not regarded as capable of giving consent.

The seriousness of a sexual assault charge, as well as the penalty that is imposed, may depend upon the amount and kind of force used by the defendant and also the injuries suffered by the victim. The victim’s physical resistance isn’t a main factor in deciding the severity of the charge. Sexual assault charges are frequently felony charges, even though some types of sexual assaults might be misdemeanors.

The penalties for sexual assault are severe and consist of prison or jail, monetary fines, psychiatric evaluation and treatment, and restitution payments to the victim. A person convicted of sexual assault may be forced to register as a sex offender for the rest of his or her life and have his or her name appear on the public registry of sex offenders.

Prosecution and Defense of Sexual Assault Cases

Generally, the only witnesses to an alleged sexual assault are the victim and also the individual accused. Many cases thus turn out to be “he said/she said” kinds of cases, in which one particular person’s word is pitted against another’s. False allegations have been made by each adults and kids. An adequate defense against a sexual assault charge demands sufficient info and rigorous advocacy. Austin Sexual Assault Lawyer Charles Johnson will go to war to defend your rights.

Hire the Recommended Austin Sexual Assault Attorney!

Sexual assault includes numerous types of sexual acts carried out with out the consent of the victim. These cases often don’t involve eyewitnesses and, as a result, are complex. Being convicted of sexual assault can result in lengthy prison time and social isolation once you are released. If you’re facing sexual assault charges, speak with the skilled and aggressive Austin Criminal Defense Attorney Charles Johnson.  He is available around the clock to answer any questions you may have regarding your case.

Austin Criminal Lawyer » Fighting A Prostitution Case? The Following Is Your Most Efficient Plan Of Action.

Austin Lawyer Charles Johnson

Hire the Most Effective Austin Criminal Attorney!

Generally, prostitution is the act of participating in sexual activity by an individual for a fee or a thing of economic value. However the scope of the crime of prostitution has been widened to include virtually all prostitution related offenses. As a result a person is considered to commit a criminal offense of prostitution if he or she engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

An individual could possibly end up being guilty of an attempt to commit prostitution when he or she engages in conduct that tends to effect the commission of such crime.The parties to the crime often include: a prostitute in addition to a customer or a third person/pimp. In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are some other prostitution related offenses. In order to establish attempt, it is necessary to determine that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that criminal offense.

The Most Effective Austin Criminal Attorney Can Help

The elements constituting a criminal offense of prostitution are that an individual has engaged in a sexual activity and has done it willfully. Sexual activity might be sexual intercourse or any type of lewd acts that can arouse sexual feelings. Most jurisdictions make monetary consideration a requisite to constitute prostitution but a few jurisdictions do not require it to be a component of the offense. Consideration need not be in the form of cash.

In order to constitute an offense of soliciting prostitution, an individual has to solicit another individual to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution. A prostitute or a customer may be charged for the criminal offense of solicitation of prostitution depending on the circumstances or who began the interaction. Specific intent of engaging in an act of prostitution is an essential element to constitute a criminal offense. An offer to pay cash or some other compensation like drugs in return for sexual acts may very well be regarded as evidence as to the intent of the parties. Several courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense. The elements of the criminal offense are that, an individual has to have agreed to engage in an act of prostitution with another person. It should have been with a specific intent to engage in an act of prostitution and any sort of act in furtherance of prostitution must have had to be performed. This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will undoubtedly be agreeing to engage in prostitution.

An arrest under the offense of agreeing to engage in an act of prostitution may possibly be made even if the person who solicited did not have the same intent. This situation may arise when a person who pretended to be a prostitute was an under cover agent. In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution might be, driving to an agreed upon location where the sexual activity will take place, simple verbal command to undress, giving the payment agreed upon and the like. The nature of the act isn’t important as long as it indicates existence of an agreement to engage in prostitution.

Hire the Most Effective Austin Lawyer

Austin Lawyer Charles Johnson will treat you and your legal situation with dignity and go to war for you to safeguard your life, loved ones and future. When you or a family or friend are dealing with legal issues or a criminal defense inquiry, you need someone you can depend on to help you.

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage an individual’s career and family life. In the event you are contending with prostitution or solicitation of prostitution in Austin, Texas, you will find an aggressive, skilled, and knowledgeable attorney in the Best Austin Criminal Defense Attorney at the Charles Johnson Law Firm.

We can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
 
Dallas Office - Charles Johnson Law Firm San Antonio Office - Charles Johnson Law Firm Houston Office - Charles Johnson Law Firm Austin Office - Charles Johnson Law Firm
Reach me personally now at 713-222-7577close