Sexual Assault Law
Are you a victim of Aggravated Sexual Assault? If so, then you have to hire a Dallas sexual assault lawyer to secure justice. Aggravated sexual assault is one of the most under-reported sexual assault charges in the country because victims are afraid to report it out of fear of being victimized again. Read on to learn more about this crime and why victims should report their assaults.
In Texas, assault is defined as “Engaging in an act of sexual intercourse or of procuring a person not the spouse in lawful relation to that person, for the purpose of causing serious physical injury to that person.” These laws provide a mechanism for victims to file lawsuits against the person who has sexually assaulted them. According to the specific laws, if the victim is able to prove that the accused individual was guilty of engaging in an assault, he can be sued under the specific laws. However, if the victim proves that the event did not occur, he or she will not be entitled to compensation.
Many victims are hesitant to file a lawsuit against their attacker because they do not want to risk the expense. They are afraid that they will not receive fair compensation or suffer from the long-term effects of the assault. But in Texas, if you are harmed because of an assault, even if the person committing the crime is ultimately found not guilty, you can still file for aggravated sexual assault. As an advantage, many aggravated cases require that the victim be given a settlement. Some states even have statutes of limitations that prevent someone from filing a lawsuit within a certain time period.
The Dallas Aggravated Sexual Assault Law
There are many different laws that can be applied to aggravated cases of assault. These laws differ depending on the state that you are in. The most common Texas laws for assault include: assault for sex or sexual intercourse, aggravated assault, criminal nonsuicide assault, murder, manslaughter, or negligent homicide. The penalties for each crime vary and can include jail time, prison, and fines. Aggravated sexual assault laws vary by jurisdiction as well. If the assault happened in Dallas, for example, the assault would be treated as a Class A misdemeanor.
In many courtrooms, the penalty is a year of incarceration, a fine of a thousand dollars or more, probation, therapy, community service, alcohol classes, and sex counseling. This can make a very serious situation much worse for the victim and the accused. The court can rule that the suspect is guilty, but the victim may have to face many years of therapy, counseling, and may be required to register as a sex offender. If the suspect is found innocent of the charge, the victim may still have to face the lifelong stigma attached to being labeled with a sexually abusive tag.
Even if the charges are dropped, the victim may still be able to pursue an aggravated charge against the suspect because the state uses “aggravated” as part of their standard penal code. “aggravated” can mean that the charge is more than “merely” rape or sexual assault. This can apply to cases where the defendant commits another sex offense against the same victim in separate incidents. In addition, the term “aggravated” does not always mean “venal” as in the movie “Chokey”, where the phrase is used ironically.