What Should You Do if Police Want to Question You About Aggravated Sexual Assault?

 Posted on March 25, 2026 in Sex Crimes

When police want to question you about allegations of aggravated sexual assault, the single most important thing you can do is contact an attorney before you say a word. You may think that cooperating and explaining your side of the story will help. In reality, anything you say can be used against you, and investigators are generally not on your side.

Your words, even well-intentioned ones, can shape the direction of an investigation in ways that are very hard to undo. Our San Antonio sexual assault defense lawyer is ready to fight hard to protect your rights from the very start.

What Is Aggravated Sexual Assault Under Texas Law?

Aggravated sexual assault is defined under Texas Penal Code § 22.021. It is a more serious version of sexual assault that involves extra factors that make the offense more severe. These factors can include the use of a deadly weapon, causing serious bodily injury, threatening the victim with death, or the alleged victim being younger than 14 years old.

This charge is a first-degree felony in Texas. A conviction can result in five to 99 years in prison, or life. In certain cases involving very young victims, the law requires a mandatory minimum sentence of 25 years. A conviction also results in lifetime sex offender registration. These are serious stakes, which is why the way you respond to a police investigation matters so much from the very beginning.

Do You Have To Talk to the Police if You Are Not Under Arrest in Texas?

You are not required to answer questions from the police. The Fifth Amendment to the U.S. Constitution protects your right against self-incrimination. That means you cannot be forced to say anything that could be used against you in court. This right applies whether you are being questioned on the street, at your home, or at a police station.

Police investigators sometimes tell people they just want to hear their side of the story, or that cooperating will help their situation. This is a common tactic. Investigators are gathering evidence. Anything you say, even something that seems harmless or meant to explain yourself, can be taken out of context and used against you later.

What Are Your Miranda Rights, and When Do They Apply?

Under federal law and Texas Code of Criminal Procedure Article 38.22, police must inform you of your rights before custodial interrogation. These rights include:

• The right to remain silent

• The right to have an attorney present during questioning

• The right to a court-appointed attorney if you cannot afford one

• The warning that anything you say can and will be used against you in court

It is important to know that Miranda rights only apply once you are in custody and being questioned. If police show up at your door and you voluntarily answer questions, those statements can still be used against you even without a Miranda warning. The safest approach in any situation is to clearly state that you want to speak with an attorney before answering any questions.

What Should You Do if Police Ask You About a Sexual Assault Investigation?

Knowing exactly what to do in this situation can be hard, especially when you are scared and under pressure. Here are the most important steps to take.

Stay Calm and Be Polite

You do not need to be rude or confrontational. Simply tell the officer that you are choosing to exercise your right to remain silent and that you want to speak with an attorney before answering any questions. Then stop talking.

Clearly Invoke Your Rights

This is not an admission of guilt. Invoking your rights is something anyone can and should do when facing a serious investigation. It does not make you look guilty. What it does is protect you from accidentally saying something that investigators can use to build a case against you.

Do Not Contact Anyone Connected to the Accusation

After you invoke your rights, do not reach out to the person making the accusation or anyone connected to them. Even a well-meaning message or phone call can be seen as witness tampering or intimidation and can result in additional charges.

Contact an Attorney Right Away

Do not wait to see how things develop. Call an attorney before you speak to investigators, before you provide any written statement, and before you agree to any interview. The sooner an attorney is involved, the more options you are likely to have.

Contact Our San Antonio, TX Aggravated Sexual Assault Defense Attorney

At Law Offices of Sam H. Lock, we are committed to protecting your rights from the moment you contact us. Attorney Lock began his career in civil litigation, giving him a strong foundation in evidence, procedure, and building a compelling case. That background, combined with his criminal defense experience, means we approach every case with a sharp eye for detail and a clear strategy. Call 210-226-0965 today to speak with a San Antonio sexual assault defense lawyer and get the guidance you need right now.