Houston Sodomy Defense Attorney

While consensual sodomy is not a crime in Texas, any nonconsensual sexual contact can be charged under various other laws, including sexual assault and rape. If you are charged with any sex crime in Texas, consult a defense attorney with extensive experience in such sensitive cases.

Houston sodomy defense attorney Ned Barnett is a former prosecutor highly regarded in sex crime defense. He knows how the other side will frame evidence and how to use the law to your benefit.

If you’re charged with an offense related to deviant sexual intercourse, contact The Law Offices of Ned Barnett at (713) 222-6767for a free and confidential consultation.

Sodomy Laws in Texas

Texas still has a law making sodomy illegal, even if the U.S. Supreme Court ruled in the 2003 case Lawrence v. Texas that the law was unconstitutional. If the Supreme Court ever overrules Lawrence v. Texas, Texas’ sodomy law will be reinstated, and individuals may be prosecuted.

Texas Democratic lawmakers have repeatedly tried to rectify this threat by repealing the state sodomy law. For example, in 2023, House Bill 2055 would have eliminated the sodomy ban from the Texas penal code and its health and safety code. Unfortunately, the deadline ran out, likely spelling the legislation’s end.

Sodomy vs. Sexual Assault & Rape

While consensual sodomy is no longer a crime, nonconsensual touching may constitute sexual assault, rape, or another related crime.

What Is a Sodomy Charge?

Sodomy is considered “deviate” sexual intercourse under the law without the other person’s consent. Thus, forced sodomy is still illegal.

For illegal sodomy, deviant sexual intercourse is typically defined as oral contact with genitalia or anal penetration by a body part or object. It may also include sexual contact between a person and an animal.

How Does Sexual Assault or Rape Differ from Sodomy?

Sexual assault or rape is also nonconsensual but does not involve the same deviant actions as sodomy.
Since sodomy is no longer a crime in Texas, rape may include deviate or non-deviate sexual activity without the other person’s consent.

Charges Frequently Related to Sodomy

While sodomy is not illegal, many jurisdictions in Texas use other laws to prosecute non-standard sex with consent. Whether you are charged with a bogus crime because you had consensual sex or there was a misunderstanding, it’s essential to work with a sodomy defense lawyer who can help mitigate the situation.

Charges related to sodomy in Texas include:

• Sexual Assault (Rape) – This felony involves nonconsensual sexual contact, including sexual battery and rape.
• Aggravated Sexual Assault – This felony involves causing injury or death to the victim of a sex crime.
• Super Aggravated Sexual Assault – This felony will be charged if the crime involves a minor.
• Spousal Rape – Any sex offense against a husband or wife can result in a felony spousal rape charge.
• Indecent Exposure & Public Lewdness – These misdemeanor offenses involve exposure of genitals in public. This can include “flashing” or even “mooning” others.
• Revenge Porn – This state jail felony involves sharing photographs, videos, or other sensitive content without the other person’s consent.

Defending Against Criminal (Forced) Sodomy

While every case will be analyzed for its unique circumstances, there are some general defense strategies that our sodomy defense attorneys frequently use in sex crimes cases.

Your lawyer may be able to show:

• The sexual contact was consensual
• You have an alibi
• There was a mistake in identity
• There are false accusations
• There are gaps in the prosecution’s evidence
• Witness testimony is faulty or not trustworthy
• Medical evidence is questionable
• Any search and seizure was illegal
• There was no original warrant, or it was baseless

Illegal Sodomy FAQs

If Sodomy Isn’t Illegal, Why Was I Charged?
Although the consensual act of sodomy hasn’t been illegal in Texas since 2003, when the U.S. Supreme Court found the law unconstitutional, there are related crimes that prosecutors may still use against you. You need to work with an attorney who can explain your charges and help you understand how laws apply to your case.

Can the Accuser Drop the Charges?
No. Once charges have been made against you, the prosecutor takes over the case, and the State of Texas is the plaintiff against you. However, the accuser could tell the truth or refuse to cooperate, which might make the prosecution drop the charges against you because of a lack of evidence.

Will I Have to Register as a Sex Offender?
You must register as a sex offender for many Texas sex crimes. You should consult an attorney who can plead your case, negotiate other penalties, and avoid sex offender registration.

How Can a Defense Attorney Help if I’m Charged with Forced Sodomy?
Forced sodomy is most often charged under sexual assault or rape statutes. It’s a very serious sex crime that can land you in prison for a long time – sometimes for life. You need to work with a sex crimes attorney who can build a solid defense against the charges being made. They may be able to negotiate a plea or help you avoid a conviction altogether.

Contact Ned Barnett for Help

If you were charged with a crime related to sodomy, you need to work with an experienced and knowledgeable criminal sodomy defense attorney who can deal with the situation. We know that a sodomy-related charge can ruin your reputation and life. That’s why we work hard to keep your name out of the news and handle the situation as quietly as possible.

Call The Law Offices of Ned Barnett at (713) 222-6767 or contact us online for a free and confidential consultation.