Accused of a Sexual Offense? Get Defense Counsel Before You Answer Questions.

A coworker’s sexual assault accusation: what it means right now

An accusation is not a conviction. But the first days after a detective’s call, a protective order or a warrant can shape the whole case. This page explains what Texas law says, what to do now, and how a defense lawyer can help.

It is written for the accused professional. Your coworker’s report may have reached police, human resources or both before you heard about it. That is a hard position to be in.

Your situation may touch several parts of life at once:

• Your job and your standing at work
• Your professional license, if you hold one
• Your marriage and your children
• Your reputation with colleagues, neighbors and friends

Each one needs attention. They also run on separate tracks. The criminal case moves through Texas courts. Your employer follows its own process. Licensing questions follow their own rules. Coordinated handling keeps a statement on one track from hurting another.

What a defense covers in a coworker sexual assault case

A sexual assault accusation coworker defense lawyer in Collin County starts with the charge and the paperwork. Texas treats sexual assault and aggravated sexual assault as different offenses. The difference lies in the facts alleged.

Under Texas Penal Code § 22.011, sexual assault includes causing penetration or contact without the other person’s consent, and certain conduct with a child is an offense regardless of whether the person knows the child’s age. The statute also defines when conduct is without consent, such as when the actor knows the other person is intoxicated to the extent that the person is incapable of consenting, or when the actor compels submission by physical force, violence, or coercion.

Under Texas Penal Code § 22.021, aggravated sexual assault adds a circumstance. Examples include a deadly weapon, serious bodily injury, or a victim younger than 14.

Penalties are serious. Under Texas Penal Code § 22.021, aggravated sexual assault is a felony of the first degree, and Subsection (f) raises the minimum prison term to 25 years if the victim is younger than 10, or if the victim is younger than 14 and the offense is committed in a manner described by Subsection (a)(2)(A). Under Texas Penal Code § 22.021, aggravated sexual assault is a felony of the first degree.

Your lawyer reviews the complaint, any affidavit, the police report and your timeline. Workplace records are among the evidence we review. These include messages, emails, calendar entries, badge logs and company devices.

Possible defenses depend on the facts. No lawyer can promise how a case will end.

Protective orders can come fast. A judge may issue a temporary order without a hearing if the court finds a clear and present danger, under Texas Code of Criminal Procedure art. 7B.002. After an arrest for family violence or for a listed offense under Texas Penal Code § 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, a magistrate may issue an emergency order at the first appearance, under Texas Code of Criminal Procedure art. 17.292. Under Texas Code of Criminal Procedure Art. 17.292, a magistrate may issue an order for emergency protection at a defendant’s appearance after arrest for an offense involving family violence, and the order may prohibit the arrested party from certain conduct toward the protected person.

What to do before you talk with police or anyone at work

Speak with a lawyer before you answer police questions or sign anything. This is the most important step in the first days.

• Ask the detective for their name, agency and reason for contact.
• Tell the detective you have a lawyer and will speak through counsel.
• Do not discuss the allegation with the coworker, colleagues or anyone online.
• Do not contact the person who made the accusation. An order or bond condition may forbid it.
• Keep every message, email, photo, calendar entry and file. Do not delete anything, even items that seem harmless.
• Write your own timeline for your lawyer only. Do not share it with HR or coworkers.
• Do not consent to a search or sign a written statement until your lawyer has reviewed it.

How the process works, step by step

A defense moves through five stages: intake, review, a plan, investigation and updates. The court and the investigation set the timing of each stage, so the firm explains what to expect as the case moves.

1. Intake. You call or send a form. The first consultation is free, confidential and carries no obligation to continue.
2. Review. Your lawyer reviews the charge, the accusation, the paperwork and any evidence you already have.
3. Plan. You get a written or verbal plan covering police contact, protective order hearings, bond and workplace communications.
4. Investigation. The lawyer reconstructs the timeline and reviews witness statements and records.
5. Updates. You receive clear explanations at each stage, so you can make decisions with full information.

Protecting your job, license, family and reputation

The criminal case, your employer’s review and any licensing questions run on separate tracks with separate rules. Protect the criminal defense first, because what you say in one place can be used in another.

Sex offender registration may apply after certain outcomes. Under Texas Code of Criminal Procedure art. 62.001, a reportable conviction includes a deferred adjudication. Sexual assault and aggravated sexual assault are both listed offenses. Ask your lawyer early how registration could affect you.

Questions from your spouse and children will come. Talk with your lawyer before you discuss the facts with family, so you can plan what to say. A protective order can also reach household members, so review those limits first.

If a warrant exists, ask your lawyer whether and how a surrender can be arranged. Planning that with counsel is far better than an arrest in front of colleagues.

How your employer responds happens outside the criminal court. Review any statement to HR with your lawyer first.

What Barbieri Law Firm Does

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

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Our lawyers include Heather Barbieri and Carrie Thomas, and our support staff handle the office work.

The firm handles:

• Sex crimes defense
• Aggravated sexual assault defense
• Child sex crimes defense
• Online sex crimes defense
• Aggravated assault defense
• Family violence defense
• Theft defense for students and non-citizens

Your consultation is confidential, and your privacy is respected from the first call.

Common questions from accused professionals

Most questions come down to privacy, police contact and next steps. These answers are general, and your lawyer will address your own facts.

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