One of the worst things a person can be accused of is committing a sex crime. Regardless of your innocence, and how the court may find, the stigma associated with such a heinous act can follow you around for the rest of your life and affect just about every aspect of it. From your ability to gain residence, to what you do for work, to your ability to find work, a sex crime conviction can hinder so much.
There are many different types of sex crimes for which you may be accused. Such crimes include:
- Aggravated sexual assault
- Child molestation
- Indecent exposure
- Indecency with a child
- Online solicitation of a minor
- Possession of child pornography
- Rape and “date rape”
- Sexual assault
- Statutory rape
Defenses to Sex Crimes in Texas
There are many defenses for the accusation of one of these crimes. These defenses include the following.
One of the defenses that may be argued is that the accused did in fact have sex/engage in a sex act with the alleged victim, but that (assuming that person had the capacity to make their own decision) such act was consensual. This may often hinge upon whom a jury finds most credible. In certain cases, a defense attorney may be able to bring in the alleged victim’s history as evidence.
Another common defense to such crimes is that the defendant lacked the mental capacity (had a mental disease or deficiency) at the time of the act, therefore preventing them from understanding that their actions were criminal. If it can be proven that a defendant lacked the mental capacity at the time of the act in question, the defendant can be found not legally liable.
In situations in which there is a lack of DNA evidence and several witnesses who are able to corroborate the defendant’s argument that he or she was there but was not involved, a defense may be that there has been a case of mistaken identity. The defense may argue that the defendant was not even present, or that the defendant was present at the time but was not the person who committed the act. A common example of this is when a sexual assault has been alleged to take place at a fraternity house.
When it comes to felony sexual assault cases, only a unanimous verdict can convict the defendant. If there is enough reasonable doubt as to the defendant’s guilt, such a verdict can be prevented.
Ceja Law Firm PLLC Helps Those in Texas Who Have Been Accused of a Sex Crime
If you have been accused of a sex crime, it is not something to be taken lightly. Acquiring a knowledgeable and experienced criminal attorney can make all the difference in the outcome of your case, and ultimately in the rest of your life. At Ceja Law Firm PLLC, we understand the seriousness of such charges and will work to aggressively defend you and your rights. To learn more or to schedule a free consultation, call us at 713.568.5380 today!