In criminal cases, victims are essentially witnesses. The state presses charges on behalf of victims, usually using their testimony as evidence of a crime. Despite their practical role, crime victims also have rights throughout the criminal justice process. Sex crime victims deservedly get special treatment because of the traumatic nature of their experiences.
Nonetheless, there is no law prohibiting your lawyer from contacting a sex crime victim. In fact, a lawyer or investigator working for the defense should attempt to independently interview the alleged victim and all other material witnesses. Victims do not have to cooperate with the defense’s investigation, and sex crimes victims may even request the defense team to stop contacting them altogether.
If you’re facing sex crime charges in Texas, contact a Houston sex crimes lawyer at The Law Offices of Ned Barnett at (713) 222-6767 to schedule a free and confidential consultation.
The Defense’s Right to Interview Witnesses
In Texas, the state brings charges on behalf of a victim, who then becomes a witness for the prosecution. However, a defense lawyer has the right to contact and interview all relevant witnesses, including the alleged victim, to build their client’s case. It is a fundamental part of the legal process that ensures the defendant can challenge the state’s evidence.
How a Defense Investigation Works
A defense investigation should be about uncovering the truth rather than harassing victims. The prosecution relies on evidence provided by law enforcement, and a defense lawyer’s job is to challenge that evidence or have it removed from the case. They may also try to introduce additional evidence that was missed into the case. For example, the prosecutor may be charging you with sexual assault on the basis of statements the victim made to the police on the evening of the alleged incident. However, when your lawyer contacts the victim, they make several comments that contradict essential portions of their earlier story. These statements can be used to discredit the prosecution’s case. The goal is to find information that may have been missed or overlooked by law enforcement.
Contacting Witnesses Under Texas Law
Under Texas law, there’s no prohibition against a defense lawyer or their investigator contacting a witness. However, they must identify themselves clearly when making contact. This gives the victim or witness the opportunity to decide whether they want to cooperate or refer the investigator to the prosecutor’s office. And of course, sex crime victims/witnesses can tell the defense team they do not wish to be contacted at all. Additionally, a lawyer or investigator can legally record conversations with a witness without their explicit consent, as long as the person making the recording is a party to the conversation.
How a Houston Sex Crimes Lawyer Can Help
In some cases, contacting a sex crime victim can change the course of a criminal case, especially when the alleged victim is the defendant’s romantic partner. Sometimes, false allegations of sexual misconduct are made to punish a significant other, or to affect the outcome of a child custody case. Such victims may in some cases stop cooperating with the prosecution or even recant their earlier statements after a conference with the defense team.
Allegations of sex crimes are extremely serious, and victims of these offenses should be treated with dignity. However, a defense lawyer’s duty is to explore every possible avenue of resolving the client’s case in a beneficial manner. Attorney Ned Barnett has decades of experience dealing with these delicate situations.
If you have been charged with sexual misconduct, contact The Law Offices of Ned Barnett today at (713) 222-6767 to learn what defenses might be available to you.