An Austin sexual assault attorney defends individuals accused under Texas Penal Code §22.011, where the central issue is whether the State can prove a lack of consent beyond a reasonable doubt. These felony charges carry 2 to 20 years in prison, potential life sentences in aggravated cases, and mandatory sex offender registration.
Being accused of sexual assault (also known as rape) can feel isolating and overwhelming.
In Texas, these allegations are taken very seriously. A conviction can result in years in prison, mandatory sex offender registration, and permanent damage to your reputation, employment, and housing opportunities. Aggravated cases can carry a potential life sentence.
The issue is further complicated by the fact that many people misunderstand how the law actually defines consent.
Under Texas Penal Code § 22.011, a person can face sexual assault charges even if there was no verbal refusal or physical resistance. Texas law recognizes that lack of consent can arise in a range of situations, including when someone is incapacitated, coerced, or unable to legally agree to the activity.
Sexual assault cases often depend on credibility, conflicting accounts, and how evidence is interpreted.
An experienced Austin sexual assault attorney can help you protect your rights and preserve evidence to make a critical difference.
Sexual Assault Defense Attorney in Austin, TX
If you are facing sexual assault allegations, choosing the right Austin criminal defense lawyer matters.
At Michael & Associates, we focus on early intervention, evidence analysis, and trial-ready preparation to challenge weak or inconsistent allegations in all types of assault and aggravated assault cases. That means:
- Reviewing police reports, forensic evidence, and witness statements early
- Identifying inconsistencies or gaps in the allegations
- Evaluating consent, communication, and context
- Challenging unreliable or incomplete forensic findings
- Preparing your case for negotiation or trial immediately
You are represented throughout the duration of your case by a senior trial attorney who will see it through from start to finish. You also benefit from the experience of our larger team, which includes former prosecutors and experienced criminal defense lawyers who understand how these cases are built and prosecuted. Our founder, Ben Michael, is personally involved in every case.
Michael & Associates is often selected by clients facing sexual assault charges in Austin because of its trial-ready approach, senior attorneys, and proven results in serious felony cases.
Contact us today to schedule a free consultation (they’re confidential and come with no obligation).
Definition of Sexual Assault under the Texas Penal Code
Sexual assault is defined under Texas Penal Code §22.011. In general, a person may be charged if they intentionally or knowingly engage in sexual contact or intercourse with another person without that person’s consent.
This can include:
- Sexual intercourse or penetration without consent
- Sexual contact involving force or coercion
- Situations where the alleged victim is unable to consent
The prosecution must prove each element beyond a reasonable doubt. Many cases turn on whether consent existed and how the evidence is interpreted.
What Qualifies as Nonconsensual Sex?
Under Texas law, sexual activity is considered “without consent” in specific circumstances defined by statute. These include situations involving force, threats, coercion, incapacity, or lack of legal ability to consent.
However, not every allegation meets the legal definition. Many cases involve conflicting accounts, unclear communication, or disputed interpretations of events. Establishing whether consent existed is often the central issue in the case.
Nonconsensual sex may include situations where:
- Force or physical violence is used
- Threats or coercion are involved
- The person is unconscious or physically unable to resist
- The person is impaired due to alcohol or drugs
- The person has a mental condition that prevents understanding or consent
These cases are often complex. Allegations may involve misunderstandings, conflicting statements, or a lack of clear evidence.
An experienced Austin sexual assault attorney will examine communication, context, and credibility to determine whether the State can actually prove lack of consent.
Can Sexual Assault Charges Be False or Misinterpreted?
Yes. Some sexual assault allegations arise from misunderstandings, conflicting recollections, or incomplete evidence. In other cases, key facts may be disputed or misinterpreted during an investigation.
A defense attorney will examine inconsistencies, credibility issues, and the absence of corroborating evidence to determine whether the State can meet its burden of proof.
How Sexual Assault Cases are Proven in Austin
To convict, prosecutors must prove beyond a reasonable doubt that the alleged conduct occurred and that it was without consent.
These cases often rely on:
- Statements from the accuser
- Digital communications (texts, call logs, social media posts)
- Forensic or medical evidence
- Timelines
- Circumstantial evidence
In many Austin sexual assault cases, there is no independent eyewitness or definitive physical evidence. The outcome often depends on credibility, consistency, and the State's ability to meet its burden of proof.
What are the Penalties if I am Convicted of Rape?
In Texas, sexual assault is typically charged as a second-degree felony.
Penalties may include:
- Between 2 and 20 years in prison
- A fine of up to $10,000
Certain factors can elevate the charge to aggravated sexual assault (a first-degree felony), including:
- Use of force or threats of force causing bodily injury
- Use or exhibition of a deadly weapon
- Victims who are elderly, disabled, or minors
Penalties for aggravated sexual assault include:
- Between 5 and 99 years (or life) in prison
- Up to $10,000 in fines
Additional consequences may include:
- Mandatory sex offender registration
- Protective orders
- Child custody consequences
- Restrictions on employment and housing
- Loss of certain civil rights
- Immigration consequences for non-U.S. citizens
Statute of Limitations for Sexual Assault in Texas
The statute of limitations for sexual assault in Texas depends on the facts of the case.
In many adult sexual assault cases, the State generally has 10 years to file charges. However, there are important exceptions:
- No limitation period in certain cases involving DNA evidence
- No limitation for cases involving child victims
- Extended timelines for specific aggravated offenses
Because these timelines can vary, it is important to consult with an attorney as soon as possible to understand how the law applies to your situation.
Real Michael & Associates Sexual Assault Case Outcomes in Travis County
Charge: Sexual Assault
Location: Travis County, 450th District Court
Allegations: After a friend accused our client of sexual assault following a night of drinking, we acted quickly to gather texts, reconstruct the timeline, and locate a third-party witness. The witness reported no relevant observations, and there was no physical evidence to support the claim. We emphasized these gaps and credibility issues to the prosecutor, and the State dismissed the charge.
Result: Case Dismissed
Additional Resources
- Sexual Assault Survivors Task Force: Provides a searchable directory of information and resources for survivors.
- SAFE Alliance: Provides a 24-hour emergency hotline and offers in-person advocacy and crisis intervention/face-to-face emotional support.
- Texas Penal Code § 22.011: Defines sexual assault, consent, charges, and penalties.
Rape Defense Lawyers in Austin, Texas
Facing a sexual assault allegation in Austin is serious, but taking immediate action can protect your future.
Michael & Associates is a top choice for sexual assault defense in Austin due to its trial-ready approach, senior attorneys, and proven results in high-stakes felony cases. Sexual assault allegations are often built on limited or conflicting information, and how those facts are investigated and presented can determine the outcome.
Why clients choose our Austin sexual assault attorneys:
- We only hire senior attorneys (your case is never handed off to a junior lawyer)
- Our team includes former prosecutors who understand how sexual assault cases are built and prosecuted
- Early intervention to preserve evidence and control the narrative
- Trial-ready strategy from day one, not last-minute preparation
- Proven jury trial performance, including favorable outcomes in serious felony cases
Based on internal 2025 jury trial data, Michael & Associates achieved approximately 65% favorable or partially favorable outcomes, including dismissals, reductions, and acquittals, with an outright win rate of 50% at trial.
For context, national data indicate that most criminal jury trials result in convictions, making trial success rates a meaningful indicator of defense performance.
While this page focuses on rape defense, we also defend assault cases involving public servants, bodily injury, strangulation, and the use of a deadly weapon, each of which involves different legal standards and defenses. We also handle all types of domestic violence and family assault charges.
Call now or request a confidential case review to start building your defense immediately. Our team answers inquiries on the same business day, so you can get quick answers and move forward with confidence.
Last reviewed for accuracy: May 2026. Reviewed for legal accuracy by the Michael & Associates’ senior trial attorneys. Note: Every case is different, and outcomes depend on the facts and evidence. Our role is to protect your rights and pursue the strongest possible outcome.
