Houston Forcible Touching Defense Lawyer

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Although forcible touching itself is not specifically defined under Texas law, it often falls under the umbrella of sexual assault or other sex-related offenses. These charges can be life-altering, potentially leading to imprisonment, sex offender registration, and lasting damage to your reputation.

If you’ve been accused of forcible touching or another sex crime in Texas, it’s critical to seek experienced legal representation immediately. Attorney Ned Barnett is a highly skilled Houston criminal defense lawyer who can help you develop a strong defense.

For a free and confidential consultation, contact the Law Offices of Ned Barnett at (713) 222-6767. We can explain the forcible touching charges against you and how we can help.

Definition of Forcible Touching in Texas

While forcible touching is not a stand-alone crime under Texas law, accusations of unwanted sexual contact through force often lead to sexual assault charges. Texas Penal Code defines sexual assault as any intentional sexual contact or penetration without the victim’s consent. If force is used, or if the victim is unable to give consent due to incapacitation or other circumstances, the defendant could face serious charges.

Consent & Forcible Touching

Consent plays a crucial role in determining whether an act qualifies as forcible touching or sexual assault. For consent to be valid, it must be given freely, without coercion, intimidation, or manipulation. In cases involving forcible touching, the following factors may influence whether the accused faces criminal charges:

The alleged victim was under the influence of drugs or alcohol.
The accused had a position of authority over the victim (e.g., teacher, healthcare provider).
The alleged victim was a minor and unable to legally consent.
The accused used threats or violence to engage in sexual contact.

Sex Crimes Related to Forcible Touching

If you are accused of forcible touching in Texas, you could face several criminal charges, depending on the nature of the accusations. Common charges include:

Sexual Assault

Under Texas Penal Code Section 22.011, sexual assault occurs when there is intentional sexual contact without consent. Forcible touching may fall under sexual assault if there is any unwanted sexual contact, including touching over or under clothing with the intent to arouse or gratify sexual desire.

Aggravated Sexual Assault

Sexual assault becomes aggravated sexual assault when certain aggravating factors are present. According to Texas Penal Code Section 22.021, aggravating circumstances include:

Serious bodily injury to the alleged victim.
The use of a deadly weapon during the offense.
The alleged victim is younger than 14 years old.
The victim is elderly or disabled.
The accused caused the victim to fear for their life or safety.
The use of drugs like Rohypnol or Ketamine to incapacitate the victim.

A conviction for aggravated sexual assault carries even more severe penalties, including up to 99 years or life in prison and a fine of up to $10,000.

Indecency with a Child

Indecency with a child involves sexual contact or exposure to a minor under 17. Forcible touching may be charged under this statute if the accused is alleged to have touched a child’s intimate areas (genitals, breasts, or anus) with the intent to arouse or gratify sexual desire. This crime can also be charged if the accused exposed themselves to a child or caused the child to expose themselves.

Penalties for indecency with a child can include up to 20 years in prison and fines of up to $10,000.

Groping / Indecent Assault

Groping, also known as indecent assault, is outlined in Texas Penal Code Section 22.012. This offense includes:

Touching another person’s genitals, breasts, or anus without their consent.
Causing someone to touch the intimate areas of another person.
Exposing oneself or attempting to expose another person’s intimate areas without consent.

Indecent assault is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000. While it may not result in mandatory sex offender registration, the conviction can still have lasting personal and professional consequences, including losing the right to own firearms.

Forcible Touching Penalties & Consequences

A conviction for any sex crime in Texas, including forcible touching-related offenses, carries significant penalties beyond imprisonment and fines:

Sex Offender Registration: Many sex crime convictions require lifetime registration as a sex offender, which can severely restrict where you can live, work, or travel.
Loss of Employment Opportunities: A conviction will appear on your criminal record, making it difficult to obtain employment, especially in professions that require a clean record.
Social Stigma: Being labeled a sex offender can lead to social isolation, damaged relationships, and a diminished reputation within your community.
Loss of Parental Rights: Convictions involving children may lead to loss of custody or restricted visitation rights.
Loss of Firearm Rights: A felony conviction can permanently strip you of your right to own or possess firearms.

Defenses to Forcible Touching Allegations

The type of defense used in your case will depend on the specific facts and charges. Some common defenses against forcible touching or related charges include:

Lack of Intent: Demonstrating that the contact was accidental and lacked any sexual intent.
Consent: Showing that the alleged victim gave consent to the sexual contact and participated willingly.
Lack of Sexual Gratification: Arguing that the contact did not occur with the intent to sexually arouse or gratify.
Mistaken Identity: Proving that the accused was not the person who committed the alleged act.
Unlawful Arrest or Search and Seizure: Challenging the legality of the arrest or the methods used by law enforcement to gather evidence.
Constitutional Rights Violations: Violations of Miranda rights or improper procedures that could result in evidence being suppressed.

Your attorney may also be able to argue for a dismissal or reduction of charges through a plea agreement, depending on the circumstances of the case.

Forcible Touching FAQ

We understand how confusing forcible touching and sex crime allegations can be. For this reason, we have answered some of the most frequently asked questions surrounding forcible touching. If you have additional questions, contact our team to discuss your concerns.

Is Forcible Touching Different Than Sexual Assault ?

Yes, while forcible touching is not specifically listed as a separate crime in Texas, it often leads to charges of sexual assault. Forcible touching typically refers to unwanted sexual contact, while sexual assault includes penetration or more severe offenses.

Can I Be Charged with Forcible Touching if the Person Consented?

No, consent is a key factor in defending against charges of forcible touching. However, the prosecution may attempt to argue that the alleged victim did not or could not give consent due to intoxication, coercion, or incapacity.

Can I Be Charged with Forcible Touching if I Didn’t Use Physical Force?

Yes, physical force is not always required for forcible touching charges. If the alleged victim was incapacitated, unconscious, or otherwise unable to consent, charges could still apply.

Do I Need a Lawyer if I’m Accused of Forcible Touching in Texas?

Absolutely. Accusations of forcible touching or any related sex crime are serious and can lead to devastating legal and personal consequences. A skilled defense lawyer can help you navigate the legal process, protect your rights, and work to secure the best possible outcome.

Forcible Touching: Related Reading

For more information on forcible touching related charges and topics, you may find these articles helpful:

Contact The Law Offices of Ned Barnett

If you’ve been accused of forcible touching or another sex crime, having an experienced defense attorney is crucial. Attorney Ned Barnett has over 30 years of experience handling complex criminal cases, including sex crime allegations. He knows how to challenge the prosecution’s evidence, build a strong defense, and negotiate for a favorable outcome.

For a free and confidential consultation, contact the Law Offices of Ned Barnett at (713) 222-6767.