Accused by a Coworker? Speak With a Frisco Sex Crimes Defense Lawyer Before You Respond

Why the First Days After a Coworker’s Accusation Matter

The first days after a coworker accuses you can shape what happens next. Slow down before you speak to anyone at work.

Maybe a detective called, and you did not expect it. Maybe a coworker’s name came up in a way you never imagined. Maybe a protective order or a warrant is now in play. You are trying to protect your career, your family and your freedom, all at once.

This page covers the decisions in front of you now. It does not decide what happened. An accusation is not a conviction, and every case turns on its own evidence and facts. The sections below cover the steps to take, the workplace conversations, police contact and the questions you are likely asking.

What Being Accused of Sexual Assault Can Mean in Texas

Sexual assault is generally a second-degree felony in Texas. That is the baseline charge. Under Texas Penal Code § 22.021, an offense under this section is a felony of the first degree.

The penalties are serious. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. A first-degree felony carries 5 to 99 years or life and the same fine limit.

A conviction for sexual assault or aggravated sexual assault committed at age 17 or older is a sexually violent offense under Texas Code of Criminal Procedure art. 62.001. The duty to register for that offense generally ends only when the person dies, subject to exceptions in the statute.

Each type of contact calls for a different response. A protective order limits contact with the accuser. A detective’s call asks you to talk. Do not treat them as the same.

Steps to Take in the First 48 Hours

In the first 48 hours, stop all contact, keep every record and call a lawyer before you answer questions. Those three steps protect your position.

• Do not contact the coworker. Skip texts, emails, social media and messages sent through mutual colleagues. Even a denial or an apology can be read as pressure.
• Keep everything. Do not delete texts, emails, chats, photos, calendar entries, or badge and travel records tied to the relationship or the dates involved. Deleting can look like hiding something.
• Write a private timeline. Note dates, places and who was present while the details are fresh. Mark it “Prepared for counsel” and share it only with your lawyer.
• Stay quiet at work. Do not discuss the accusation with colleagues, clients, vendors or staff. Do not post about it anywhere.
• Call a criminal defense lawyer first. Make that call before you return a detective’s call or answer anyone at work.

The mistake to avoid is answering questions on the spot to clear things up.

Talking to HR and Internal Investigators

A workplace investigation runs on its own track, separate from the criminal case. Your employer can review the matter under its own policies and on its own timeline.

Anything you say to HR or an internal investigator can be written down, kept on file and shared. Describe the events only after your lawyer has reviewed the request. Ask for every request in writing, and keep a copy of every notice you receive.

Follow written company policy on leave and conduct. If you are placed on administrative leave, ask for the terms in writing. Your lawyer can review any written statement before you sign it, and can speak with your employer for you. That way you are not forced to answer under pressure.

If a Detective Calls, Shows Up or a Warrant Is Issued

You can ask to speak with your lawyer first, and you can have that lawyer contact police for you.

If police come to your workplace, an arrest can happen in front of colleagues. A lawyer can contact police and discuss how a voluntary surrender could be arranged.

Protective orders can move quickly. A court may issue a temporary ex parte order without notice to the accused and without a hearing when it finds a clear and present danger. After an arrest for these offenses, a magistrate may issue an emergency protection order. It takes effect when issued and must be served on you. An emergency protection order issued under subsection (a) stays in effect for at least 61 days and up to 91 days after it is issued.

Violating an order can create new charges. Conduct that violates a protective order or bond condition can also constitute an offense under another section of the Texas Penal Code, and the person may be prosecuted under either section or under both. Under Texas Penal Code § 25.07, the offense is classified as a felony of the third degree in one listed circumstance: if it is shown on the trial of the offense that the defendant has violated the order or the condition of bond by committing an assault or the offense of stalking. Reconciliation does not cancel the order. Avoid all contact with the accuser while an order or investigation is pending.

Polygraphs, Written Statements and Protecting Your Future

Whether to take a polygraph is a decision for you and your lawyer, made on the facts of your case. Do not agree to one because someone says it will clear you.

A written statement can be hard to take back. Review any statement to police, your employer or a licensing body before you sign or send it.

A criminal charge can affect your professional standing and your licenses. How it plays out varies by profession and by the facts. Do not assume your result will match a colleague’s or a friend’s.

At home, keep conversations calm and factual. Speculation about the accuser can make the situation harder to manage.

Why Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. We defend professionals accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth and across Texas.

Our lawyers include Heather Jean Barbieri and Carrie Thomas. Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, is the founding attorney.

Our practice areas that relate to this matter include sex crimes defense, aggravated sexual assault defense, online sex crimes defense and family violence defense.

When you first contact us, we review the accusation, the evidence and your timeline. We explain your options. Where appropriate, we handle contact with police, prosecutors and your employer, so you are not doing it alone.

Common Questions About a Coworker’s Sexual Assault Accusation

Talk to a Texas Criminal Defense Lawyer Before You Respond

A coworker’s accusation can follow you into meetings, emails and hallway conversations. Your phone may keep ringing. You are trying to protect your career and your family, and you want that protected before you say anything to police.

If you want a Texas lawyer on your side before you respond, reach out now. Our initial consultation is free, confidential and without obligation to continue. Call (972) 424-1902 or send your case details through our contact form.

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