The Short Answer
If you’ve been accused of sexual assault in Texas, or think you’re under investigation, don’t talk to police, investigators, or the accuser about it, and don’t delete anything. Call a criminal defense lawyer right away. These cases are often built over weeks or months before an arrest, and what you say or do early on, including a “friendly” phone call from the accuser, is often the State’s strongest evidence.
What Not to Do
- Don’t talk to the police without a lawyer. Investigators may ask you to come in “to clear things up.” Explaining yourself rarely ends an investigation, and you can’t take back a statement.
- Beware of the pretext call. Police sometimes have the accuser call or text you while they record it. Texas allows recording a call when one party consents. The goal is to get an apology, an admission, or an explanation that can be used against you. If the accuser contacts you about the allegation, don’t engage.
- Don’t contact the accuser or their friends. Even a well-meant message can look like intimidation and can lead to additional charges.
- Don’t delete messages, photos, or accounts. Deleting evidence can be charged as tampering with evidence and can make innocent messages look suspicious.
- Don’t consent to searches of your phone or home without talking to a lawyer.
- Don’t agree to a polygraph without legal advice.
- Don’t post about it on social media.
What to Do
- Hire a lawyer before charges are filed, if you can. A lawyer can communicate with investigators for you and, in felony cases, may be able to present information to the grand jury before an indictment decision.
- Preserve evidence. Save texts, social media messages, photos, call logs, rideshare receipts, location history, and anything showing your whereabouts and your communications with the accuser before and after the alleged incident.
- Make a list of witnesses. Write down who you were with, who saw you, and who you talked to, for your lawyer only.
- Keep your communications privileged. Talk about the facts only with your lawyer.
What the Law Says
Sexual assault under Texas Penal Code § 22.011 is generally a second-degree felony, punishable by 2 to 20 years in prison. Most adult cases turn on the question of consent. Aggravated sexual assault under § 22.021, which includes allegations involving serious bodily injury, threats, weapons, drugging, or certain victims, is a first-degree felony punishable by 5 to 99 years or life.
A conviction, and in many cases deferred adjudication, requires sex offender registration, often for life. Texas also allows these cases to be filed years after the alleged event, and in some situations there’s no time limit at all.
Allegations based on online messages with someone younger than 17, or someone police say was posing as a minor, are usually charged as online solicitation of a minor, a separate felony with its own rules.
Why Early Representation Matters
Sexual assault cases often have little physical evidence, and the outcome may depend on texts, timelines, digital records, and witness credibility. Evidence that helps you, like surveillance video, phone data, or messages on someone else’s account, can disappear quickly. A lawyer involved early can work to preserve it and make sure your side is considered before decisions are made about charges.
Frequently Asked Questions
A detective called and wants to talk. Should I call back?
Not before you talk to a lawyer. See what to do when a detective wants your side.
I’m a college student. Does a Title IX case affect the criminal case?
It can. What you say in a school disciplinary process can be used in a criminal case. Get criminal defense advice before participating.
Can I be arrested without any physical evidence?
Yes. A complainant’s statement alone can be enough for an arrest and a charge, which is why building a defense early is so important.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you have been accused of sexual assault or believe you are under investigation, call before you speak with anyone else. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our sex crimes defense practice.
