Defenses Against Sexual Assault ChargesPublished: Jun 23, 2017 in Sex Crimes
Under Texas law, the crime of sexual assault is prosecuted vigorously and the punishments imposed upon a conviction are severe. In fact, a single conviction on this charge can result in many years of incarceration, as well as thousands of dollars in fines. You may also suffer the loss of educational and employment opportunities for a long time to come. Unfortunately, in certain cases, the consequences of simply being charged with this crime can linger for some time even if you are not found guilty.
Houston sexual assault lawyer Ned Barnett has considerable experience in both the defense and prosecution sides of the legal system. He understands the tactics that prosecutors use in sex assault cases, and how to skillfully negotiate and defend you at trial. You can count on his proficiency and experience to fight for the best possible outcome in your case.
Sexual Assault Explained
Very often the crime of sexual assault involves someone having sex that is non-consensual, or performing or participating in a non-consensual sexual act with another person. A frequent case of this crime involves an individual who sexually assaults someone by using force or under the threat of force.
Another common situation involves a person who may believe they are engaging in sex or a sex act with someone on a consensual basis, but later that person claims to have been unable to consent. The reasons given for the inability to consent may include lack of physical strength to resist, unconsciousness, or a mental disability or disease that rendered them incapable of understanding what was occurring.
Date rape often falls under the scenario of someone who believes they are engaging in consensual sex with another person, but later discovers that the person is claiming to have been significantly under the influence of alcohol or drugs, and thus unable to provide legal consent.
As someone who has been criminally accused of a sexual assault charge, you must keep in mind that you cannot be found guilty of this charge until you are given a fair trial and the allegations are proven beyond a reasonable doubt to a jury. If you have been charged with sexual assault, it may be in your best interest to plead innocent even if you have committed some type of lewd sexual act with the person accusing you of the crime. Even if your behavior with this person was inappropriate in some way, it may not necessarily constitute sexual assault as defined under the law or the prosecution can not prove their case.
Your defense attorney may be able to form an effective defense against the prosecution’s case by using the evidence supplied from the testimony of your accuser. Based on this testimony, your Houston sexual assault lawyer may be able to produce evidence that your accuser:
- Is not telling the truth in order to conceal that the sexual activity was consensual
- Is seeking revenge for some reason
- Has been influenced or coerced by another party to make an accusation against you
- Has a history of lying about being the victim of sexual assault
Physical Evidence and Your Defense
Some sexual assault cases go beyond the simple “his word against her word” scenario. Many times there is physical evidence involved that must be evaluated by investigators as well as by the prosecution and defense. This physical evidence may consist of the presence of bodily fluids or physical trauma to the body of the alleged victim.
In forming a defense against your sexual assault charge, your attorney may be able to demonstrate that:
- The presence of bodily fluids was the result of sexual activity that was consensual
- The physical trauma on your accuser’s body indicates violence occurred, but not necessarily a sexual assault
- The physical trauma was caused by your accuser alone and not you
Defending yourself against a charge of sexual assault in the state of Texas isn’t necessarily easy, but it can be done by a highly competent and experienced defense attorney working on your behalf.
Contact an Experienced Houston Sexual Assault Lawyer
If you’re currently starring a sexual assault charge in the face, there is one experienced attorney you can turn to with confidence to help protect your freedom and reputation – Ned Barnett. With more than two decades of criminal defense experience as well as several years serving as a state and federal prosecutor, he will work hard to deliver the best possible results in your case.
Let’s discuss your situation and review your options. Call the Law Offices of Ned Barnett today at (713) 222-6767 to schedule a free case evaluation.