Who Decides a Sexual Assault Case in Texas? Understanding the Jury Question

The Short Answer: Yes, a Texas Sexual Assault Case Can Go to a Jury

Do sexual assault cases have a jury? A sexual assault charge can be tried before a jury.

If someone you care about has been charged, this question may be one of the first you ask. You may feel scared or unsure about what comes next. This page explains how the jury part of a case works. It does not predict how any jury would decide. For a broader overview, read our guide to child sex crime charges in Texas.

Jury Trial or Bench Trial: Who Makes the Choice

If you ask whether sexual assault cases have a jury, the next question is who chooses. It is a legal decision with real consequences, so it should be understood before any step is taken.

Family members and friends can help the accused think it through.

In a bench trial, the judge hears the evidence and decides guilt or innocence. No jury panel is seated. In a jury trial, a group of jurors hears the evidence and makes that decision.

Practical questions matter for either path. What evidence will the State present? How will witnesses testify, and what will the lawyers ask them? A lawyer can walk through these points with you.

How a Texas Felony Jury Is Formed and Reaches a Verdict

A jury is formed through a process called voir dire. Prospective jurors are questioned before anyone is seated. The lawyers and the judge ask about each person’s background and views.

Once the jury is seated, it hears the evidence. The jury then talks through the evidence together and reaches a verdict. The verdict is the group’s decision, not any one juror’s.

Under Penal Code § 22.021, aggravated sexual assault includes causing the penetration of the anus or sexual organ of another person by any means, without that person’s consent, together with a listed aggravating circumstance. The jury weighs the testimony and the other evidence against that definition.

When a Jury May Also Decide Punishment

A jury that imposes confinement may recommend community supervision, which is often called probation. This is governed by Texas Code of Criminal Procedure art. 42A.055. Before trial begins, the defendant must file a written, sworn motion. That motion says the defendant has never been convicted of a felony in Texas or any other state.

The jury must also find in the verdict that the information in that motion is true. If these steps are met and the jury makes the recommendation, the judge must place the defendant on community supervision. Texas Code of Criminal Procedure Art. 42A.055 reads: “(b) A defendant is eligible for community supervision under this article only if.”

Punishment ranges depend on the exact charge. Sexual assault is generally a second-degree felony. That carries 2 to 20 years in prison and a fine of up to $10,000 (Texas Penal Code § 12.33).

Aggravated sexual assault is a first-degree felony (Texas Penal Code § 22.021). Under Texas law, a person adjudged guilty of a first-degree felony faces imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years, and may also be fined up to $10,000 (§ 12.32). The minimum term of imprisonment under Penal Code § 22.021 is increased to 25 years if the victim is younger than 10 years of age at the time the offense is committed, or if the victim is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

What Happens Before a Jury Ever Hears the Case

A case usually moves through several steps before any trial date. These steps can include the charge, an arraignment (the first court appearance), pretrial motions, the exchange of evidence, and talks about how the case could be resolved.

A trial is one possible path, not a required one. The Travis County District Attorney’s monthly sexual assault report shows that screened cases can be accepted, declined, referred, or still under investigation. That report covers Travis County, not Collin County, but it shows the steps are real.

The limitation periods for filing felony charges vary by offense and are set by Texas Code of Criminal Procedure art. 12.01, for example three years from the date of the commission of the offense for all other felonies. Under Texas Penal Code § 12.01, a person adjudged guilty of an offense under the Penal Code shall be punished in accordance with this chapter and the Code of Criminal Procedure, and the chapter does not deprive a court of authority conferred by law to forfeit property, suspend or cancel a license or permit, or impose any other civil penalty (Texas Penal Code § 12.01). For more on timing, read our guide on statutes of limitations for sexual abuse of a minor.

Frequently asked questions

Talking Through Your Situation With Barbieri Law Firm

If someone you love has been charged, you may be trying to understand what a jury would mean for them. You do not have to sort through these choices alone.

Barbieri Law Firm in Frisco, Texas, can review the charge with you and explain the jury and bench-trial options. Call (972) 424-1902 or send your case details through the contact form. The first consultation is free, confidential and without obligation.

No lawyer can promise how a case will end. We will review the charge and explain your options.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.