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Houston Texas Criminal Defense Lawyer Wayne Goralski

 An experienced criminal lawyer fighting for your rights

Sexual Assault

If you have been investigated, arrested and charged with sexual assault in Texas, you need an experienced criminal defense lawyer on your side.

If you want justice, then you will have to fight for it and present your case in the best possible light. The other side wants to win, if you have been charged with a crime in Texas, you need an experienced criminal defense lawyer on your side.  Attorney Wayne Goralski  will fight to defend the rights of his clients. He has built his reputation on getting results. He is intimately familiar with all facets of the Texas criminal justice system, and has the criminal defense knowledge and skill to make sure you understand your legal options and to guide you through the criminal legal process.

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Attorney Wayne Roger Goralski is a Houston-based attorney, working as a criminal defense lawyer and handling civil litigation cases, has more than 27 years of experience as a former criminal justice professional with the Houston Police Department. As a criminal defense lawyer Wayne Goralski understands how to deconstruct a criminal case, and build your defense case, so that you can assert the best criminal defense.  Wayne has been trained and has handled  Sexual Assault Investigations as an police investigator for the Houston Police Department. Wayne is now honorably retired and practicing law as the owner of his own law office. Wayne Goralski spent 10 years working the streets of Houston as a Supervisor and a Police Officer, and 17 additional years as a Squad and Division Commander. Wayne Goralski worked for several years as the Supervising Staff Attorney, in the Chief’s Command for the Chief of Police.  Wayne Goralski has been a licensed Texas attorney for 17 years, since 1997.

Based in Houston Criminal Attorney Wayne Goralski has handled cases for clients in numerous Texas Courts including the Harris County Civil, District and County Criminal, Family, and Juvenile Courts. Wayne Goralski has represented clients, all over Southeast Texas, including various related city courts, Houston, Pasadena, Baytown, Bellaire, League City, Missouri City, Pearland, Seabrook, Stafford, Sugarland, Tomball, and in the Woodlands.If you need an experienced based in Houston criminal lawyer, call Wayne now.

The list of crimes and variations that form the category known as Sexual Assault in Texas are found in Chapter 22 of the Texas Penal Code.  Based on the context, the situation, and the characteristics of the act, the extent of the harm or injury to the victim, the exact title of the criminal offense and penalties will vary. It is important to hire an experienced Texas or Houston Criminal Defense Lawyer who will examine and find each and every disputable element to the benefit of the defendant. The prosecutor will be required to both present admissible evidence and prove a link connecting that evidence to every element of the offense.  Wayne will work your case to ensure that your defense is the strongest it can be.

Sexual Assault consists of the following elements:

Sec. 22.011.  SEXUAL ASSAULT.  (a)  A person commits an offense if the person:

(1)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(B)  causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent;  or

(C)  causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;  or

(2)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of a child by any means;

(B)  causes the penetration of the mouth of a child by the sexual organ of the actor;

(C)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor;  or

(E)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b)  A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1)  the actor compels the other person to submit or participate by the use of physical force or violence;

(2)  the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3)  the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5)  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6)  the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

(7)  the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8)  the actor is a public servant who coerces the other person to submit or participate;

(9)  the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;

(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;  or

(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(e)  It is an affirmative defense to prosecution under Subsection (a)(2):

(1)  that the actor was the spouse of the child at the time of the offense; or

(2)  that:

(A)  the actor was not more than three years older than the victim and at the time of the offense:

(i)  was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(ii)  was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(B)  the victim:

(i)  was a child of 14 years of age or older; and

(ii)  was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f)  An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

Sec. 22.021.  AGGRAVATED SEXUAL ASSAULT.  (a)  A person commits an offense:

(1)  if the person:

(A)  intentionally or knowingly:

(i)  causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii)  causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii)  causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B)  intentionally or knowingly:

(i)  causes the penetration of the anus or sexual organ of a child by any means;

(ii)  causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2)  if:

(A)  the person:

(i)  causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii)  by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii)  by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv)  uses or exhibits a deadly weapon in the course of the same criminal episode;

(v)  acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi)  administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B)  the victim is younger than 14 years of age; or

(C)  the victim is an elderly individual or a disabled individual.

Don’t delay. Contact the Law Office of Wayne Goralski today.   
When you have been charged with a crime, choose a based in Houston criminal defense attorney with the experience and dedication to make a difference. Call 832-834-4656 or contact the office online to schedule your initial consultation regarding your criminal case. Hire a criminal lawyer with offices conveniently located in Houston, Texas. Mr. Wayne Goralski is a Houston Criminal Defense Lawyer who stands ready to represent you in your criminal matter.

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