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Why You Need To Build A Strong Defense Against Indecent Assault Empty Why You Need To Build A Strong Defense Against Indecent Assault

Lun Sep 26, 2022 8:25 pm
Indecent assault is the newest addition to the list of sexual crimes. A provision in the Texas Penal code for this issue was added only in September 2019. The main point of this crime is the non-consensus act done by the offender for the purpose of arousal or sexual gratification, though the act is considered lesser than sexual assault.

Indecent assault is defined as non-consensual touching of a victim’s private parts. It can also be a non-consensual touching of another person using the perpetrator’s private parts. Exposing one’s private areas also fall under this category of assault. Lastly, forcing a person to touch the “blood, seminal fluid, vaginal fluid, saliva, urine, or feces” of another person is considered indecent assault.

Why Indecent Assault Was Added To The Provision

Like sexual assault, indecent assault also involves non-consent from the victim. The difference however is the classification and punishment of the offense. Prior to the provision of this law, it was realized that there is a large gap between the degrees and severity of the recognized crimes. Hence, the punishment was also considered inappropriate for the actual crime.

For instance, sexual assault is defined as the penetration or contact of the victim’s mouth and/or private areas with that of the perpetrator. This crime is considered a felony of the second or first degree. A felony of this gravity is punishable by 2 to 99 years in prison, and a potential fine of $10,000.

However, if the assault involving non-consensual touch is simple assault, the offense is only considered a Class C misdemeanor. Under this category, the offender is punishable by paying fines, but not a jail term. The indecent offender cannot be charged with sexual assault by definition of sexual assault, but punishment under Class C misdemeanor is too lenient for this crime. Hence indecent assault is a provision that fills the gap between a simple, offensive touch and sexual assault.

Punishment And Defense For Indecent Assault

Indecent assault is an offense and falls under Class A misdemeanor. The punishment for this crime is up to one year of jail term and a potential fine of up to $4,000. Though the offense may seem serious, the perpetrator is not required to register as a sex offender.

On the other hand, if the indecent assault was done on a child, it can be classified as a felony of the third degree. This crime is punishable by a minimum of 2 years and a maximum of 10 years, plus a potential fine of up to $10,000. The offender will have to be registered as a sex offender. If the child is younger than 14 years, this classification of crime will be different.

Affirmative defense for this prosecution is if the offender is a medical practitioner and their job warrants contact with the prohibited parts. If the victim is a child, an affirmative defense of the defendant could be that they are the spouse of the child, the age gap is not more than 3 years, and there was no evidence of coercion or threat.

Contact A Fort Worth Assault Attorney

This provision may be new, but the principles and elements of assault are still the same. If you want to be assured of the best possible outcome for your case, contact an experienced Fort Worth assault lawyer who will help you navigate the court system, challenge the prosecution, and seek to reduce the penalty or even dismiss the case. The Medlin Law firm has a team of qualified lawyers that have been in this business of defending individuals from criminal cases for several years.

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The Medlin Law Firm
1300 S University Dr #318
Fort Worth, TX 76107
(682) 204-4066
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