Defense Against Aggravated Sexual Assault in Texas

 Posted on May 24, 2026 in Sex Crimes

Under Texas Penal Code Section 22.021, aggravated sexual assault is a felony with severe penalties upon conviction. The stigma is immediate, and the consequences of a conviction can last a lifetime. But being charged does not mean you will be convicted. An experienced attorney can walk you through the available legal defenses. The strength of your defense depends heavily on acting quickly and working with an attorney who understands how these cases are built and how they can be challenged. Our Conroe, TX sexual assault defense lawyers know how much is at stake and can help you understand your options from day one.

What Makes a Sexual Assault Charge "Aggravated" in Texas?

It helps to understand what separates a sexual assault charge from an aggravated sexual assault charge, because the aggravating factors are often part of what a defense attorney will examine most closely.

Under Texas Penal Code Section 22.021, there are several factors that can turn a charge into one of aggravated sexual assault. These include:

• The accused used or displayed a deadly weapon during the offense.

• The alleged victim suffered serious bodily injury, or the accused attempted to cause the victim's death.

• The accused threatened the alleged victim with death, serious bodily injury, or kidnapping.

• The accused acted in a way that put the alleged victim in fear of trafficking, kidnapping, or serious harm.

• The alleged victim was a child under 14 years of age, an elderly person, or a disabled individual.

Each of these aggravating factors is something the prosecution must prove beyond a reasonable doubt. Challenging whether those factors are actually supported by the evidence is a central part of many defenses.

What Are the Common Legal Defenses Against an Aggravated Sexual Assault Charge?

Every aggravated sexual assault case is different, and no two defenses are exactly alike. A skilled defense attorney will review every detail of the evidence, how it was gathered, and whether the prosecution can actually prove what they claim. These are the most commonly used and most effective defenses in Texas aggravated sexual assault cases.

Consent

For cases involving adult victims, evidence of consent may be a powerful defense because the state must prove lack of consent beyond a reasonable doubt. If the sexual contact was consensual, there is no crime. The prosecution has the burden of proving beyond a reasonable doubt that the alleged victim did not consent. This means your attorney does not have to prove consent happened. The state has to prove it did not. This defense is not available in cases involving victims under the age of 14, where consent is not legally recognized.

Mistaken Identity

Eyewitness identification is far less reliable than most people assume. Studies have shown that stress, poor lighting, brief exposure, and other factors can lead witnesses to misidentify the wrong person. If the identification in your case came from a lineup, a social media photo, partial surveillance footage, or a brief glance, that identification can be challenged.

DNA evidence, cell phone records, and alibi witnesses can all help establish that the wrong person was charged. In cases where no DNA connects the accused to the alleged crime, or where the DNA points to someone else, that is a powerful challenge to the prosecution's case.

Alibi

If you were not at the location where the alleged assault occurred, that is a complete defense. An alibi can be supported by surveillance footage, cell phone location data, receipts, witness testimony, or other documentation showing you were somewhere else at the time in question. Building a strong alibi defense requires gathering this evidence quickly, before it is lost or overwritten.

Challenging the Forensic Evidence

Physical and forensic evidence is often central to these cases, and it is not infallible. DNA testing can be improperly handled or contaminated. Chain of custody errors, meaning problems with how evidence was collected, stored, or transferred, can call results into question. A sexual assault forensic examination, sometimes called a rape kit, must be properly administered and documented. If there are gaps or errors in how the evidence was handled, those weaknesses can be raised at trial.

Challenging the Aggravating Factors

For a sexual assault charge to be considered aggravated, the prosecution must prove at least one aggravating factor. The evidence needs to clearly show that a weapon was used, a serious injury occurred, or the alleged victim meets the statutory age requirement. When it doesn’t, a lawyer may challenge the aggravated charge. Reducing the charge from aggravated sexual assault to a lesser offense can significantly affect potential sentencing.

Unlawful Search or Questioning

If law enforcement violated your constitutional rights during the investigation, that can affect the admissibility of evidence. If police searched your home, phone, or car without a valid warrant or without a recognized exception to the warrant requirement, any evidence found during that search may be suppressible. Similarly, if you were questioned without being read your Miranda rights or without being allowed to have an attorney present, any statements you made may be challenged.

False Allegations

False accusations of sexual assault do occur. Motives can include custody disputes, relationship conflicts, jealousy, or other personal grievances. A thorough defense investigation can look for inconsistencies in the accuser's account and prior statements that contradict their current claims. It can also examine evidence that suggests a motive to fabricate. Additionally, other witnesses may provide accounts that do not match the version of events the prosecution is relying on.

What Should You Do If You Are Charged With Aggravated Sexual Assault?

The steps you take immediately after being charged, or even after being contacted by law enforcement, can have a significant impact on your case. Do not speak to police without an attorney present. Do not contact the alleged victim or anyone connected to the case. Preserve any evidence that may support your defense.

As of 2026, Texas courts continue to prosecute aggravated sexual assault cases aggressively. The earlier you retain legal counsel, the more time your attorney has to investigate.

Schedule a Free Consultation With Our Montgomery County, TX Sex Crimes Defense Lawyers

At Pullan & Young, our Conroe, TX sexual assault defense attorneys will challenge every weakness in the prosecution's evidence. Call 936-647-1540 today. The sooner you reach out, the more your attorney can do for you.