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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.

Houston 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 Houston, Texas.

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Hire the Best Criminal Lawyer for Domestic Violence Charges in Houston, TX

Domestic Violence Criminal Defense LawyerIf you have been accused of domestic violence, you may be facing an uphill battle. Texas has strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do. No matter how your state or county handles allegations of domestic violence, it is important to mount a vigorous defense. Speak with an attorney from the Charles Johnson Law Firm in Houston, Texas to discuss your case and develop a strategy for fighting the charges.

Domestic Violence Defined

Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family. Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control.

Domestic Assault Arrest

Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will assess the situation and determine whether there is probable cause to arrest the person accused of domestic assault.

At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant’s lawyer will consult with the defendant about what kind of plea to enter. The judge will decide whether the defendant should be granted bail and, if so, how much the bail will be.

In many cases, the defendant will be ordered to have no contact — direct or indirect — with the alleged victim. This means that the defendant cannot go home, if that is where the victim lives, and the defendant must not call or communicate with the victim.

In some jurisdictions, even if the victim decides not to go forward with the charges, the case will continue. Numerous reasons, based on both history and public policy, are behind this practice.

A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal consequences like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm

As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.

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Juvenile Court: What to Expect

Finest Houston Criminal Defense Lawyer for Juvenile OffensesIf your child is arrested or referred to the juvenile court by some other means-perhaps even by you-you will undoubtedly face a flood of emotions and have a multitude of questions. An attorney experienced in juvenile law can answer your questions and walk you through the process, while helping to ensure the best possible outcome for you and your child. Although the juvenile court process can vary somewhat from state to state, or even county to county, the following summary outlines the basic steps that you can expect if your child should become involved with the juvenile justice system.

  • A juvenile court matter comes to the court’s attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court.
  • The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court.
  • If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home.
  • If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies.
  • If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated.
  • In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney’s office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility.
  • If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
  • If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition.
  • If the allegations have not been proven to the court’s satisfaction, the judge will dismiss the case.
  • If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent.
  • A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
  • Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.

Houston Juvenile Offenders Defense Lawyer: The Charles Johnson Law Firm

Don’t let your teenager’s poor judgment or drug use ruin their future. At the Charles Johnson Law Firm, we are prepared to protect the rights of teenagers in juvenile court, and where a plea bargain, juvenile probation, or other alternative form of sentencing is in our client’s best interests, we will work hard to get the best deal possible. When possible, we work to get juvenile violations removed through expunction, and we committed to getting our clients the treatment for drug and alcohol addiction they need.

can be reached 24 hours a day, 7 days a week.
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Arrested for Domestic Violence? Hire the Expert Assault Family Violence Lawyer

An arrest for Houston Assault Family Violence (or Domestic Violence) can be a devastating experience to anyone. Whether the incident was a harmless situation that spun out of control, a gross misunderstanding, or a typical way of communicating between two people. The time after the arrest can be terrifying, as the criminal justice system is very complicated. Houston Assault Family Violence Lawyer Charles Johnson can make sure that your legal rights are protected. Attorney Johnson can determine whether police followed the proper legal procedures when arresting you and, when feasible, prove that the charges are unwarranted.

Being charged with any form of domestic violence is a very serious matter. Not only may you face jail time or probation, many domestic violence cases involve restraining orders, meaning you may have to leave your house and your family immediately – even if you own the house or pay the rent. In addition, a conviction or probated sentence that includes a finding of family violence will affect your right to possess any firearms or to obtain a hunting license.

You are entitled to the best legal defense possible. Houston Criminal Lawyer Charles Johnson can deliver that defense for you. You can contact Houston Domestic Violence Lawyer Charles Johnson day or night, 24 hours/day 7 days/week and speak with him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.

Definitions of Domestic Violence

Domestic violence includes physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation, and threats of violence.  The relationships that most state domestic violence laws define as necessary for a charge of domestic assault or abuse include spouse or former spouse, persons who currently live together or who have lived together within the previous year, or persons who share a common child.

Definitions of criminal violence include physical assault (hitting, pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and stalking. Although emotional, psychological and financial abuse are not criminal behaviors, they are forms of abuse and can lead to criminal violence.

Violence by a man against his wife or intimate partner is often a way for a man to control “his woman.”  Although domestic violence can occur between gay and lesbian couples, and by women against their male partners, by far the most common form is male violence against women.

Types of violence include:

  • Common couple violence (CCV) which is not connected to general control behavior, but arises in a single argument where one or both partners physically lash out at the other.
  • Intimate terrorism (IT) which can also involve emotional and psychological abuse. It is one element in a general pattern of control by one partner over the other. It is more common than common couple violence, more likely to escalate over time, not as likely to be mutual, and more likely to involve serious injury.
  • Violent resistance (VR), which is sometimes interpreted as “self-defense,” is usually violence perpetrated by women against their abusive partners.
  • Mutual violent control (MVC) which is a rare type of intimate partner violence that occurs when both partners use violence to battle for control.
  • Situational couple violencewhich arises out of conflicts that escalate to arguments and then to violence. It is not connected to a general pattern of control. Although it occurs less frequently in relationships, and is less serious than intimate terrorism, it can be frequent and quite serious, even life-threatening.

Although domestic violence is sometimes explained as the result of the abuser losing control, many batterers do exhibit control over the nature and extent of their physical violence.   They may direct their assaults to parts of their partners’ bodies that are covered by clothing so that any injuries will not be seen by others. Conversely, some batterers purposefully target their partners’ faces to compel isolation or to disfigure them so that “no one else will want them.” Batterers can often describe their personal limits for physical abuse.  They may explain that while they have slapped their partners with an open hand, they would never punch them with their fists. Others admit to hitting and punching but report that they would never use a weapon.

Domestic violence often gets worse over time.  One explanation for this is that increasing the intensity of the abuse is an effective way for batterers to maintain control over their partners and prevent them from leaving. The violence may also escalate because most batterers experience few, if any, negative consequences for their abusive behavior. Social tolerance of domestic violence thus not only contributes to its existence, but may also influence its progression and batterers’ definitions of the acceptable limits of their abuse.

Domestic violence is a pervasive problem in the United States as the statistics below indicate:

  • Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually.
  • Intimate partner violence made up 20% of all nonfatal violent crimes against women in 2001.
  • In 2000, 1,247 women and 440 men were killed by an intimate partner. In recent years, intimate partners killed approximately 33% of female murder victims and 4% of male murder victims.
  • Access to firearms greatly increases the risk of intimate partner violence.  Research suggests that abusers who possess guns tend to inflict the most severe abuse on their partners.
  • Nearly half of all violent crimes committed against family members are crimes against spouses.
  • Research indicates that 84% of spouse abuse victims are females, and 86% of victims of dating partner abuse at are female.
  • Wives are more likely than husbands to be killed by their spouses; wives were about half of all spouses in the population in 2002, but made up 81% of all persons killed by their spouses.
  • Slightly more than half of female domestic violence victims live in households with children under age 12.  It is estimated that between 3.3 million and 10 million children witness domestic violence annually.
  • Fifty-six percent of women who experience any partner violence are diagnosed with a psychiatric disorder. Twenty-nine percent of all women who attempt suicide are battered; 37% of battered women have symptoms of depression, 46% have symptoms of anxiety disorder, and 45% experience post-traumatic stress disorder.

Effects of domestic violence on women and children

Battered women suffer physical and mental effects from domestic violence. Battering causes more injuries to women than auto accidents, rapes, or muggings.  It also threatens their financial wellbeing.  They may miss work to appear in court or because of illnesses or injuries that result from the violence. They may have to move many times to avoid violence. Many battered women forgo financial security during divorce proceedings to avoid further abuse.

Battered women often lose social support.  Their abusers isolate them from family and friends. Women who are being abused may isolate themselves from support persons to avoid the embarrassment that would result from discovery.  Some battered women are abandoned by their churches when they separate from their abusers because some religious doctrines prohibit separation or divorce regardless of the severity of abuse.

When mothers are abused by their partners, the children are also affected.  Children who witness domestic violence may feel confusion, stress, fear, and shame.  They may think that they caused the problem or feel guilty for not protecting their mothers. They may themselves be abused or neglected while the mother attempts to deal with the trauma. Children in homes where domestic violence occurs are at risk for being physically abused or seriously neglected.

One-third of all children who see their mothers beaten develop emotional problems. They may cry excessively, be withdrawn or shy, have difficulty making friends or develop a fear of adults. Other consequences for children include excessive absences from school, depression, suicidal behavior, drug and alcohol abuse, running away, committing criminal acts as juveniles and adults, and using violence to solve problems at school and home.  The stress resulting from living with domestic violence can show up as difficulty in sleeping, bedwetting, over-achieving, behavior problems, withdrawing, stomach aches, headaches and/or diarrhea.

Domestic violence can carry over from one generation to the next.  Boys who witness their fathers abuse their mothers are more likely to inflict severe violence as adults. Girls who witness their mothers being abused are more likely to tolerate abuse as adults than who girls did not grow up under these circumstances.

Domestic violence and alcohol and other drugs

There is little evidence for the widely-held belief that abusing alcohol causes domestic violence. Although research indicates that men who drink heavily do commit more assaults that result in serious physical injury, the majority of abusive men are not heavy drinkers and the majority of men who are heavy drinkers do not abuse their partners.  Even for batterers who drink, there is little evidence to suggest that drinking causes abusive behavior.  In 76% of physically abusive incidents, there is no alcohol involved, and there is no evidence to suggest that alcohol use or dependence is linked to the other non-violent behaviors that are part of the pattern of domestic violence. It is true, however, that when cultural norms and expectations about male behavior after drinking include boisterous or aggressive behaviors, individual men are more likely to engage in such behaviors when under the influence of alcohol than when sober.

There is a pervasive belief that alcohol lowers inhibitions and a historical tradition of holding people who commit crimes while under the influence of alcohol or other drugs less accountable than those who commit crimes in a sober state.  Historically, society has not held batterers accountable for their abusive behavior.  They are held even less accountable for battering perpetrated when they are under the influence of alcohol. The alcohol provides a ready and socially acceptable excuse for their violence.

Evolving from the belief that abusing alcohol or other drugs causes domestic violence is the belief that treating the chemical dependency will stop the violence. However, research indicates that when batterers are in treatment, the abuse continues and often escalates during recovery, creating more danger to the victim than existed prior to treatment. In the cases in which battered women report that the level of physical abuse decreases, they often report a corresponding increase in threats, manipulation and isolation.

As noted earlier, domestic violence is often explained as a loss of control by the batterer.  However, even when alcohol or other drugs are involved, the experiences of battered women contradict this view. Battered women report that even when their partners appear uncontrollably drunk during a physical assault, they routinely exhibit the ability to sober up remarkably quickly if there is an outside interruption, such as police intervention.

  • Of the
    32.1 million nonfatal violent crimes that took place between 1998 and 2002, 30% of victims said the offender was under the influence of drugs or alcohol.
  • An additional 29.2% indicated the offender was sober at the time, and 40.8% said they did not know.
  • A larger percentage of family violence victims (38.5%) reported the offender was under the influence of drugs or alcohol during the incident than did nonfamily violence victims (28.9%).
  • Offenders who abused their boyfriend or girlfriend were more likely than other types of nonfamily violence offenders to be drinking or using drugs. Four out of 10 (41.4%) offenders involved in violence with a boyfriend or girlfriend were under the influence of drugs or alcohol, compared to 26.3% of offend-ers involved in violence against a friend or acquaintance and 29.3% of stranger violence.
  • Excluding the 19.5% of family violence victims who did not know whether the offender was under the influence of drugs or alcohol at the time of the incident, approximately 2.8 million victims of family violence were able to indicate whether the offender was or was not under the influence of drugs or alcohol. In nearly half the incidents, family violence victims reported the offender had been using drugs or alcohol at the time of the offense.

Interventions with substance-abusing batterers

If batterers use alcohol or other drugs, these problems should be addressed separately and concurrently. This is critical not only to maximize the victim’s safety, but also to prevent the battering from precipitating relapse or otherwise interfering with the recovery process. True recovery requires much more than abstinence. It includes adopting a lifestyle that enhances emotional and spiritual health, a goal that cannot be achieved if the battering continues.

Self-help programs such as Alcoholics Anonymous promote and support emotional and spiritual health and have helped many alcoholics get sober. These programs, however, were not designed to address battering and are not sufficient, by themselves, to motivate batterers to stop their abuse. It is critical that any treatment plan for chemically dependent men who batter include attendance at programs designed specifically to address the attitudes and beliefs that encourage their abusive behavior.

When abusive men enter substance abuse treatment programs, their partners are often directed into self-help programs such as Al-Anon or co-dependency groups. However, these resources were not designed to meet the needs of victims of domestic violence and often inadvertently cause harm to battered women.  The goals of these groups typically include helping alcoholics’ family members to focus on their own needs, practice emotional detachment from the substance abusers, and identify and stop protecting their partners from the harmful consequences of addiction. Group members are encouraged to define their personal boundaries, set limits on their partners’ behaviors, and stop protecting their partners from the harmful consequences of addiction. While these strategies and goals may be very useful for women whose partners are not abusive, for battered women such changes will likely result in an escalation of abuse, including physical violence.

Battered women are often very sensitive to their partners’ moods as a way to assess their level of danger. They focus on their partners’ needs and cover up for them as part of their survival strategy.  These behaviors are not dysfunctional but are life-saving skills that protect them and their children from further harm. When battered women are encouraged to stop these behaviors through self-focusing and detachment, they are being asked to stop doing the things that may be keeping them and their children most safe.

Myths Regarding Domestic Violence

“Domestic Violence” can be defined in legal and clinical terms. For clinical purposes, domestic violence is “assaultive behavior.” Domestic violence generally represents a pattern of behavior rather then a single isolated event. The pattern of behavior can take on many different forms, all of them involving physical violence or threats of physical violence. The violence may be accomplished through the use of hand, feet, weapons, or other objects.

The National Institute of Justice estimates that a woman is battered every 18 seconds in the United States. Some studies have suggested that between 35 and 50 percent of the nation’s couples have experienced at least one violent incident in their relationship.

Historically, the problem of violence in the home has been surrounded by a number of myths and misconceptions, which has perpetuated spouse abuse in society and has hampered the effective response of law enforcement.

Some of the most common myths and misconceptions are briefly addressed below.

Domestic Violence is a Private “Family Matter”

Some feel that violence between people in intimate relationships is somehow “different” than violence between strangers. The privacy of the marital relationship and the family unit has been elevated above the prohibitions against violence contained in existing laws. Nevertheless, a spouse has no right under existing laws to physically abuse their spouse in any manner.

Domestic Violence is Usually Provoked by the Victim

This myth stems from a belief that men have the right to discipline their spouses for behavior that the man does not approve of. Most studies agree that mutual combat or provocation is not the cause of domestic violence. Indeed, verbal “provocation,” no matter how severe, should never be a justification for violence. The failure of a batterer to take responsibility for his violent behavior and the victim’s tendency for self-blame should not lead society to the same erroneous conclusions. In the overwhelming majority of cases, it is women who are being routinely and severely victimized by men. To be sure, abused men do exist and must be protected, but the incidents of husband and boyfriend battering are rare.

Battered Women are Masochistic

Some believe that if battered women were really abused, they would leave. Others believe that if victims of abuse wished to end the abuse, they could simply seek outside help and leave the relationship. These views reflect an ignorance regarding the dynamics of abusive relationships. Battered women have often been in the relationships for a significant period of time and have strong mental and emotional ties. Often children are involved and the battered spouse must resolve how to provide for her children if she were to leave the abusive relationship and take her children with her. Battered women face enormous pressures to remain in an abusive relationship, including economic dependency, lack of support from relatives and friends, and threats of increased violence if any action is taken against their abuse. For a victim, low self-esteem further compounds the problem of removing herself from an abusive relationship.

Batterers are Always Drug or Alcohol Abusers

Many believe that men who batter women are predominantly working class substance abusers. Experts, however, have determined that domestic violence spans every socioeconomic group and is not caused by substance abuse. Recent studies suggest that alcohol and drugs may increase the level of violence but do not precipitate the violence. The decision to use violence is often made before the batterer ingests the substance, which he will ultimately blame for his violence outburst. The drugs or alcohol, thereafter, becomes a convenient excuse for engaging in deviant behavior.

Understanding the Cycle of Domestic Violence

Relationships, which involve any level of physical violence generally, evidence a recurring cycle of behavior. The “cycle of violence” in a violent relationship consists of three stages:

(1) the tension building phase

(2) the acute battering episode and

(3) the aftermath: loving respite.

Tension Building Phase

The first phase is a tension-building stage. The woman senses the man becoming edgy and more prone to react negatively to any trivial frustration. Many women learn to recognize incipient violence and try to control it by becoming nurturing and compliant or by staying out of the way.

A woman often views the building rage in her partner as being directed toward her and internalizes the job of keeping the situation from exploding. If she does her job well, he will become calm; if she fails, it is her fault. A woman who has been battered over time knows that the tension building stage will aggravate, but denies this knowledge to help herself cope with her partner’s behavior. As the tension builds, he becomes more fearful that she will leave him; she may reinforce this fear by withdrawing from him to avoid inadvertently setting off the impending violence.

Acute Battering Episode

The second phase in the pattern of violence is the explosion. Many men report that they do not start out wanting to hurt the woman but want only to teach her a lesson. This is the stage where police, the victim, or the batterer may be killed. The violence may involve pushing, shoving, shaking, or pulling hair. It may involve hitting with an open hand or a closed fist.

The violence may be over in a moment or last for minutes or hours. There may be visible injuries, but often an experienced batterer will leave no marks. The violence attack rarely takes a single consistent form. Most women are extremely grateful when the battering ends. They consider themselves lucky that it was not worse, no matter how bad their injuries are. They often deny the seriousness of their injuries and refuse to seek immediate medical attention.

Aftermath: Loving Respite

The third phase is a period of calm, loving, contrite behavior. The man is genuinely sorry for what he has done. His worst fear is that his partner will leave him so he tries as hard as he can to make up for his brutal behavior. He really believes he can control himself and will never again hurt the woman he loves. The battered woman wants to believe she will no longer have to suffer abuse. His reasonableness and his loving behavior during this period support her wish that he can really change. He lets her know that he would fall apart without her. So, she feels responsible for her own conduct that led to the beating and also responsible for his well being.

Victims will most frequently enter the criminal justice system after an acute battering episode; the “loving respite” phase usually follows immediately. Both parties may be horrified by what has happened. Both feel guilty about the event and both resolve to never let it happen again. The batterer very typically will treat the victim with apparent respect, love, and affection. This is a great relief to the victim and is precisely what the victim has wanted out of their relationship all along.

This “loving respite” phase makes criminal prosecution difficult. As long as the batterer continues to behave affectionately, the victim may become increasingly reluctant to jeopardize such good behavior by cooperating with the prosecution. A victim-witness advocate who understands the dynamics of the battering cycle can effectively intervene by reminding the victim of similar remorseful periods in the past, predicting a return to the tension building phase, and explaining the likelihood of more frequent and severe injuries.

Domestic Violence Penalties

A family violence conviction can lead to numerous life-altering and long-term penalties, including up to one (1) year in jail, fines up to $4000.00, anger management or family violence classes, probation, and a finding of family violence that may affect the custody of your children. If you have a prior family violence conviction, you could be facing up to ten (10) years in prison, as well as a fine up to $10,000.00. The penalties also increase if the violence is aggravated in any way with a weapon or if you cause an injury to a child. Depending on the circumstances, you may also be prohibited from contacting the complainant for an extended period of time, thereby preventing you from spending time with your loved one.

Unlike most criminal offenses in Texas, you can never seal your criminal record if you are convicted of a family violence crime or accepted deferred adjudication with a finding of family violence. To avoid these significant penalties, it is critical that you contact the Charles Johnson Law Firm. He is skilled and experienced in these very sensitive cases.

Defined in Domestic Violence Civil LawsFam. Code §§ 71.004; 71.0021

‘Family violence’ means:

  • An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself
  • Abuse, as that term is defined by § 261.001, by a member of a family or household toward a child of the family or household

Dating violence

‘Dating violence’ means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Defined in Criminal Laws

Penal Code § 25.07

A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under article 17.292, Code of Criminal Procedure, an order issued under § 6.504, Family Code, chapter 83, Family Code, if the temporary ex parte order has been served on the person, or chapter 85, Family Code, or an order issued by another jurisdiction, the person knowingly or intentionally:

  • Commits family violence or an act in furtherance of an offense under §§ 22.011, 22.021, or 42.072
  • Communicates:
    • Directly with a protected individual or a member of the family or household in a threatening or harassing manner
    • A threat through any person to a protected individual or a member of the family or household
    • In any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection, and the order prohibits any communication with a protected individual or a member of the family or household
  • Goes to or near any of the following places as specifically described in the order or condition of bond:
    • The residence or place of employment or business of a protected individual or a member of the family or household
    • Any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends
  • Possesses a firearm

‘Family violence,’ ‘family,’ ‘household,’ and ‘member of a household’ have the meanings assigned by chapter 71, Family Code.

Persons Included in the Definitions

Fam. Code §§ 71.0021; 71.003; 71.005; 71.006

‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

  • The length of the relationship
  • The nature of the relationship
  • The frequency and type of interaction between the persons involved in the relationship

A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’

‘Family’ includes individuals related by consanguinity or affinity, as determined under §§ 573.022 and 573.024, Government Code; individuals who are former spouses of each other; individuals who are the parents of the same child, without regard to marriage; and a foster child and foster parent, without regard to whether those individuals reside together.

‘Household’ means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. ‘Member of a household’ includes a person who previously lived in a household.

Building a Strong Defense

Many domestic violence or spousal abuse charges occur during the divorce process or in child custody disputes. Unfortunately, in these situations one spouse may try to obtain an advantage over the other by making false or exaggerated accusations.

Houston Criminal Lawyer Charles Johnson will work hard to build a strong defense against the domestic violence charges you face. We will carefully listen to you and investigate the events leading up to the charges. What is the context of the domestic abuse accusation? Did the alleged victim start the fight? Is there a custody issue at stake? Understanding the context of the event can help us prepare an effective defense strategy on your behalf. Our goal is to obtain a dismissal of the charges, a negotiated plea agreement that minimizes the penalties you face, or a not guilty verdict after trial.

In the recent past, several factors have caused Domestic Violence to emerge as a distinction within the assault category. If a defendant and the alleged victim are spouses or former spouses, related by blood or marriage, reside or have resided in the same household or have a child or children in common; then any assaults would be categorized as “Domestic”. This distinction requires that certain federal statutes are triggered and the defendant shall no longer be allowed to own or possess a firearm.

Hire the Best Houston Assault Family Violence AttorneyIt is often mistakenly assumed by defendants, as well as victims, that the decision to prosecute lies with the victim. Many presume that if the two have reconciled then they may avoid prosecution by merely allowing the victim to inform the court or prosecuting attorney that they do not wish to prosecute or by simply not appearing in court in violation of the subpoena requiring their appearance. This naive assumption has led to many defendants failing to prepare a defense to the charges that may have otherwise been successfully defended. The prosecutor may insist that the victim testify and proceed without their consent. The victim’s cooperation with the defense is of course valuable in preparing for court and often in avoiding prosecution on a criminal offense. This must be utilized in conjunction with a strategy tailored around the specific facts and circumstances of the offense at hand, as well as parties involved. In order for this to occur it is essential that the defendant obtain legal representation and closely follow the advice of his or her counsel.

Domestic Violence is a serious problem in this country. Certainly, however, anyone can understand that relationships are hard and with added stress from financial problems, work related stress and of course drug or alcohol addiction people may do things for which they are not proud. When charged with such an offense it is essential that an individual begin immediately preparing a defense which may include mitigating measures. These may include a drug and alcohol assessment, counseling, anger management training or even alcoholics or narcotics anonymous meetings. It is for this reason that a consultation with an attorney experienced in defending these matters occurs prior to proceeding to court.

Contact Houston Domestic Violence Lawyer Charles Johnson

It’s important to speak with an attorney as soon as you’ve been arrested. The sooner you contact an attorney, the sooner work can be done to prevent your charges from escalating into a conviction.

Harris County Domestic Violence Defense Attorney Charles Johnson knows how frustrating and hopeless things may seem right now, but urges you not to give up hope. There are many viable defense strategies for fighting domestic violence charges, and many things that can be done to ensure your charges don’t spiral out of control. You can depend on Attorney Johnson to thoroughly investigate your charges, and trust that he’ll make it known to the judge if he finds anything that may indicate the accusations were fabricated. The Charles Johnson Law Firm is here for you, and will do whatever can be done to make sure this ordeal results in the best possible outcome!

If you have been accused of domestic violence, don’t try to fight your charges alone.

Contact Houston Domestic Violence Defense Lawyer Charles Johnson for experienced and dependable representation. He can be reached directly around the clock, 7 days/week at (713) 222-7577.

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

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 Houston 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 Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 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 Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 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 Houston area, contact Houston 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: Houston 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 Houston Lawyer Charles Johnson directly at (713) 222-7577 now to discuss your case. He is available around the clock to take your call.

 

Houston Sexual Assault Lawyer

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Related News Stories – Sexual Assault Arrests in Houston, Texas

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