Defenses to Sex Crime Charges in Houston, TX

If you’ve been accused of a sex crime in Texas, you are likely feeling overwhelmed, isolated, and uncertain about what comes next. These are some of the most serious and emotionally charged allegations a person can face—and the consequences can be life-altering. But remember: you are presumed innocent until proven guilty, and with the right defense, it is possible to protect your future. Houston sex crimes attorney Ned Barnett has nearly 30 years of experience and knows how to dismantle weak allegations, expose bias, and deliver strong defenses when the stakes are highest.

If you or a loved one has been accused of a sex offense, call (713) 222-6767 today or request a free, confidential consultation to start building your defense.

Common Legal Defenses to Sex Crime Charges

In order to convict you of a crime, the prosecution must establish through evidence that you are guilty beyond a reasonable doubt. However, when you are charged with a sex crime, people may make assumptions about your guilt simply because of the nature of the crime and despite the legal presumption that you are innocent unless proven guilty.

Police officers, prosecutors, and judges all take a strict approach when dealing with individuals accused of a sex crime. These are serious crimes in Texas with harsh punishments if you’re convicted, which may include:

• A lengthy jail or prison sentence
• Costly fines and court fees
• A requirement to register as a sex offender
• Limitations on where you can live and work
• A permanent criminal record that may affect your future employment or career
• Effects on professional licenses, such as those for working in law, medicine, nursing, teaching, pharmacy, or other licensed professions
• Effects on your custody or visitation rights for your children
• Effects on your immigration status, including loss of your visa or work permit, denial of citizenship, and deportation

Your situation may seem hopeless, but there may be defenses that apply to the circumstances of your case. If you’ve been accused of a sex crime, it is vital to contact an experienced lawyer who can help you determine the best defense strategy for your case and fight aggressively to protect your rights, your reputation, and your future.

Call us today so we can start a strong defense on your behalf at (713) 222-6767.

Challenging a Lack of Consent

For adult sexual assault charges under Texas Penal Code § 22.011(a)(1), lack of consent is a critical element. Many sexual assault cases hinge on conflicting accounts, often without witnesses or physical evidence. An experienced defense attorney can present text messages, witness statements, or behavioral evidence that demonstrate the sexual interaction was consensual.

However, for alleged victims under 17, Texas law classifies the offense as statutory rape under § 22.011(a)(2), and minors cannot legally consent. Still, Texas offers a narrow “Romeo and Juliet” defense under § 22.011(e)(2) if:

• The accused is not more than 3 years older than the minor
• The minor was at least 14 at the time

False Allegations of Sex Crimes

False accusations can arise from divorce disputes, custody battles, jealousy, or mistaken impressions—especially when children are involved. Children may be inadvertently led by adult interviewers or misinterpret events. In these cases, your lawyer will carefully examine interview transcripts, statements, and motivations behind the accusation.

The worst thing you can do is assume false accusations will disappear on their own. They won’t. Immediate legal action is critical. Learn more about fighting false rape allegations.

Factual Innocence & DNA Evidence

DNA evidence, surveillance footage, or phone records can provide conclusive proof of your innocence. If exculpatory DNA is discovered, it can lead to dismissal—even post-conviction. Your defense should include a full forensic review and investigation into all available scientific evidence.

Mistaken Identity

Sex crimes involving strangers are particularly prone to mistaken identity. If the accused was identified by a lineup, social media profile, or partial video, your attorney can challenge the reliability of that identification. DNA and alibi evidence can help show the police got the wrong person.

Overcoming Bias in Sex Crime Trials

Sex crime defendants often face extreme public and juror bias. These cases carry a stigma unlike any other, especially when they involve minors. People naturally want to protect victims, and prosecutors use that emotion to their advantage. Your defense attorney must proactively fight this bias at every stage.

Attorney Ned Barnett will:

• Challenge the credibility of biased interviews and police assumptions
• Carefully scrutinize every piece of evidence the prosecution presents
• Thoroughly vet potential jurors during jury selection to ensure fairness
• Reinforce your constitutional right to be presumed innocent throughout the trial

Don’t wait to challenge bias. Schedule a free consultation now.

Preparing to Testify if You’re Falsely Accused

If you’re falsely accused, testifying in your own defense may be the most powerful way to clear your name. But it’s not something you should do unprepared. Attorney Barnett will walk you through every detail—from how to dress to answering cross-examination questions without falling into traps.

What You’ll Learn When Preparing to Testify:

• How to present yourself to the jury
• Where to look and how to engage without appearing confrontational
• Common testimony mistakes to avoid (e.g., rambling, guessing, reacting emotionally)
• How to give short, truthful, and direct answers—even under pressure
• How to highlight your case’s strengths and respond to its weaknesses

Through mock trials and practice sessions, Barnett ensures you are fully prepared to tell your story and be seen as a person—not just a defendant. This preparation often becomes the key to reasonable doubt and a favorable outcome.

How to Improve Your Situation If You’re Charged with a Sex Crime in TX

If you’ve been accused of a sex crime in Texas, your immediate actions can directly impact the outcome of your case. Beyond hiring an experienced criminal defense attorney, there are proactive steps you can take to demonstrate responsibility, mitigate risk, and strengthen your defense. First, avoid direct or indirect contact with the alleged victim or potential witnesses. Next, follow all bail conditions to the letter. Violating them, even unintentionally, could result in jail time and damage your credibility in court.

Consider enrolling in counseling or treatment—especially if mental health, substance abuse, or relationship issues are involved. Voluntarily seeking support shows the court you are taking the situation seriously. You should also preserve all digital evidence, refrain from posting on social media, and create a detailed timeline of events.

Lastly, stay silent. Do not talk to police, investigators, or anyone else about your case without your lawyer present. Every word can and will be used against you. With the right legal strategy and disciplined preparation, protecting your rights, freedom, and future is possible.

Work with an Experienced Sex Crime Defense Lawyer

When it comes to sex crimes, even the mere accusation can have lasting negative consequences on your reputation and career. If you have been falsely accused of a sex crime, you must contact an experienced Houston sex crimes defense attorney as soon as possible. Attorney Ned Barnett has over 25 years of experience defending clients against all types of sex crime accusations, and he will fight to help you get the best possible outcome in your case.

Ned Barnett is a skilled criminal defense lawyer with nearly 30 years of practical legal experience in the Houston area that includes trying criminal cases as a state and federal prosecutor, as well as more than two decades as a Houston sexual assault lawyer. He uses his prior experience as a federal and state prosecutor and understanding of the prosecutor’s perspective to aggressively fight on behalf of each person he represents.

Contact a Sex Crimes Defense Attorney for Help Today

Barnett understands how devastating a criminal charge can be for the person accused and is committed to providing compassionate, one-on-one service. Learn more about the steps that can be taken to challenge sex crime allegations or charges by contacting the Law Offices of Ned Barnett today at (713) 222-6767.