What should you do if you are accused of a sexual offense in Texas?
Say nothing and hire a lawyer. Do not explain yourself to police, do not contact the accuser, and do not agree to an interview, even an informal one. These cases are often built on statements, not physical evidence, and the words you choose under stress can become the State's best exhibit. Get counsel first. Then we decide, together, what gets said and to whom.
Why these cases are different
Most criminal charges are fought in a courtroom. A sexual offense accusation is fought everywhere at once. Before any evidence is tested, the accusation alone can end a career, split a family, and follow your name in search results. You are presumed innocent in court. Outside of court, people rarely wait for a verdict. That is why the defense has to start the day you learn about the accusation, not the day of arraignment.
The stakes are also different. Most convictions, and for many offenses even deferred adjudication, carry a registration duty under Tex. Code Crim. Proc. ch. 62. Registration can last for life. It appears on a public website and limits where you can live, work, and volunteer. No other category of charge carries a consequence like it.
Finally, the evidence is different. Many of these cases have no physical evidence at all. The outcome turns on credibility: who said what, when, and why. That makes timelines, text messages, and digital forensics the real battleground, and it makes a thorough defense investigation just as important as anything that happens at trial.
Sexual offense charges we defend
- Sexual assault under Tex. Penal Code §22.011
- Continuous sexual assault of a child under Tex. Penal Code §21.02
- Aggravated sexual assault under Tex. Penal Code §22.021
- Indecency with a child under Tex. Penal Code §21.11
- Online solicitation of a minor under Tex. Penal Code §33.021
- Indecent exposure under Tex. Penal Code §21.08
- Improper relationship between educator and student under Tex. Penal Code §21.12
Recently, many states, including Texas, have changed the rules of evidence to unfairly allow evidence into trial that was previously inadmissible. This has largely changed the balance against persons charged with sexual offences.
The earliest call is the most valuable one.
If a detective has reached out, charges may not be filed yet. That window matters. Tell us what is happening. Everything you say is confidential.
The pre-charge window: when police "just want your side"
In many sexual offense cases there is a quiet period between the accusation and the arrest. A detective calls. The tone is friendly. They say they just want your side of the story so they can clear things up. Understand what is actually happening: you are likely the target of the investigation, and the interview exists to collect statements that fill the gaps in their case.
The same is true of unexpected calls or messages from the accuser. Police sometimes arrange a recorded "pretext call" where the accuser tries to draw an apology or admission out of you. Texas allows recording when one party to the call consents, so that recording is usually admissible. An apology meant to keep the peace can be played to a jury as a confession.
The answer to all of it is the same. Be polite, decline the interview, and give them your lawyer's number. You have the right to remain silent and the right to counsel. Use both. We explain how to do this without making things worse in our guide to your right to remain silent in Texas.
How we defend sexual offense cases
1. Rebuild the timeline
We reconstruct the days around the allegation from hard records: location data, receipts, key cards, ride share logs, and work schedules. Accusations are often vague about dates and times. A documented timeline either narrows the story or breaks it.
2. Pull the full digital record
Text threads, social media messages, and photos often tell a longer story than the excerpt police were shown. We seek the complete thread, including deleted material recovered through forensic extraction, and the context that a screenshot leaves out. In many cases, the digital record is the strongest defense evidence that exists.
3. Test the forensics with independent experts
Where there is physical evidence, we have it reviewed by qualified experts: the exam findings, the DNA lab work, and the chain of custody. In child cases, we scrutinize how the interviews were conducted, because suggestive questioning can shape a child's account.
4. Examine motive and credibility
Custody fights, breakups, and money disputes appear in the background of many false accusations. We investigate the witnesses the State relies on, document inconsistencies between their statements, and, where the law allows it and the facts support it, build the consent defense from records rather than argument. Every case is different. Past results do not guarantee future outcomes.
Penalties and registration
Texas punishes these offenses severely, and the sentence is only part of it. Registration is the consequence that follows you after the case ends.
| Charge | Level | Range | Registration |
|---|---|---|---|
| Sexual assault | 2nd-degree felony | 2 to 20 years prison, up to $10,000 fine | Lifetime |
| Aggravated sexual assault | 1st-degree felony | 5 to 99 years or life; minimum 25 years in some child cases | Lifetime |
| Indecency with a child | 2nd or 3rd-degree felony | 2 to 20 years (contact) or 2 to 10 years (exposure) | Lifetime for contact cases |
| Online solicitation of a minor | 3rd-degree felony; 2nd-degree if the child is under 14 | 2 to 10 years; 2 to 20 if second degree | Required in most cases |
| Indecent exposure | Class B misdemeanor | Up to 180 days jail, up to $2,000 fine | Generally only after a second conviction |
| Improper relationship, educator and student | 2nd-degree felony | 2 to 20 years prison, up to $10,000 fine | Generally not required |
Registration under Tex. Code Crim. Proc. ch. 62 is not a side effect. It is a public listing that controls where you live and work, with criminal penalties for any reporting mistake. For many offenses, deferred adjudication still triggers the duty. Keeping a registrable conviction off your record drives every strategic decision we make in these cases.
Why people hire Peter Barrett
- 31 years of Texas criminal trial work since 1994, including more than 150 jury trials
- Focuses his practice on criminal defense, nothing else
- Past President of the Dallas Criminal Defense Lawyers Association (2005)
- AV Preeminent rated, Avvo 10.0 Superb, Super Lawyers 2022 to 2026
- Personal handling: Peter works your case himself, start to finish
- Bilingual practice. Hablamos Español.
Our discretion promise
Intake is confidential from the first call, and attorney-client privilege applies whether or not you hire the firm. Meetings are scheduled discreetly, mail and messages carry no case details, and we discuss your matter with no one without your permission. You can get real answers without anyone in your life knowing you asked.
Sexual offense defense questions, answered
Should I talk to the police if I am innocent?
No, not without a lawyer present. Innocent people talk because they believe the truth will clear things up. But the interview exists to gather evidence against you, and stress makes honest people misspeak. Politely decline, say you want a lawyer, and call one before anything else.
Can I be charged with no physical evidence?
Yes. In Texas, testimony alone can support a charge and even a conviction. That is exactly why these cases turn on credibility, timelines, and digital records, and why the defense investigation has to be as thorough as the State's.
Will I have to register as a sex offender?
It depends on the charge and the outcome. Under Tex. Code Crim. Proc. ch. 62, many convictions carry a lifetime registration duty, and for many offenses even deferred adjudication triggers registration. Keeping a registrable conviction off your record is a central goal of the defense.
What if the accuser wants to take it back?
The State decides whether a case goes forward, not the accuser. A recantation is important evidence and we make sure prosecutors see it, but it does not end the case by itself. Charges can continue, and have, after an accuser withdraws.
Is my consultation really confidential?
Yes. Attorney-client privilege protects what you tell us from the first call, whether or not you hire the firm. The case review is free, and nothing about your contact with us is shared with anyone.