Defending Against Sexual Assault in Texas

201970644_bddf2293a1_zTexas law provides very severe punishments for a sexual assault conviction. In fact, even being accused of a sexual assault crime can have long-lasting consequences for a defendant. In some cases, these consequences can persist even if the defendant is not found guilty.

For these reasons, it’s very important to create a strong legal defense in sexual assault cases. With proper preparation, it’s possible to build a tough legal defense to fight sexual assault charges in court.

Some sexual assault charges result in crimes commonly known as domestic violence offenses. These occur when the alleged assault is perpetrated against someone the defendant shares living space with. Go to domestic-violence-law.com to learn more about sexual assault domestic cases.

Defending Against Sexual Assault Charges

First, it’s important to define the term “sexual assault”. In Texas, sexual assault is defined as sexual activity that one person engages in with another person without having that person’s consent. This can also apply to sexual activity committed with a person who is unable to give consent, such as minor child or a person who is unconscious.

It’s possible to defend against sexual assault charges by focusing on the prosecution’s evidence. In many cases, the evidence may be based on the testimony of the alleged victim. If this is the case, the defense attorney may be able to introduce evidence which shows that the alleged victim:

  • Is trying to seek revenge
  • Is known to have lied about sexual assaults in the past
  • Has been coerced or influenced to accuse the defendant
  • Is lying to cover up consensual sexual activity

Although it is shocking, in some cases, a person may actually use accusations of sexual assault to seek revenge on the defendant. This may occur in cases of divorce or an unhappy relationship. If an alleged victim discussed seeking revenge, any record of that discussion may be used as evidence.

If an alleged victim is a habitual liar, that may count against them in court. Some people may suffer from a psychological disorder that causes them to lie habitually. If evidence of such a disorder is introduced, the testimony of the alleged victim may be contradicted.

In some cases, children may be coerced by adults to give false testimony. Also, some people may be willing to lie about giving consent in order to cover up a willing sexual encounter, especially if they were cheating on a spouse. A defense attorney could use recorded phone calls, emails or text messages of these circumstances in court.

Defending Against Physical Evidence

Not all cases of sexual assault are simply “he said, she said” cases. Some cases may involve physical evidence. In many cases, the evidence can consist of signs of physical trauma on the alleged victim or the presence of bodily fluids.

A defense attorney may be able to argue that:

  • The physical trauma was self-induced
  • The physical trauma is a sign of violence but not necessarily sexual assault
  • The bodily fluids were the result of a consensual sexual encounter

Just as some alleged victims are willing to lie to seek revenge, some may even go so far as to injure themselves to make their stories more convincing. A defense attorney may be able to use a doctor’s report of the injuries to support a claim like this.

It may also be possible to argue that physical trauma such as bruising or scratches may indicate violence but do not necessarily indicate sexual assault. Although evidence of violence may be troubling, it may not be as serious as evidence of sexual assault.

It may also be possible to argue that any bodily fluids occurred after consensual sexual activity. If there are no physical signs of force or violence, then the presence of bodily fluids may be indistinguishable from normal, consensual sexual intercourse.

Defending against charges of sexual assault in Texas is possible but it isn’t easy. Consulting an attorney as soon as an accusation of sexual assault is made is the best way to build a good legal defense.

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About the Author

Law Office of James Alston. serves people who need legal assistance in their Criminal Defense Cases in Texas.

Houston Criminal Lawyer James Alston represents clients in the Houston area, including Pasadena, Sugar Land, Missouri City, Channelview, Conroe, Galveston, Angleton, Richmond, Rosenberg, Beaumont, Galveston County, Ft. Bend County, Montgomery County, Brazoria County, Harris County and Jefferson County in Texas.