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 allegations carry more stigma than almost any other criminal charge. Even before evidence is presented, many jurors may assume guilt simply because of the nature of the offense. Media coverage of high-profile sexual assault cases has also fueled a cultural shift that prioritizes belief in alleged victims, sometimes at the expense of careful fact-finding.

Bias can be especially powerful in cases involving minors. Jurors often assume children do not lie or misinterpret testimony, making it difficult for the accused to receive a fair trial. Prosecutors know this and often use the emotional weight of these cases to their advantage.

Defense Strategies to Combat Sex Offense Bias

• Evaluating Overlooked Evidence: Small details, such as text messages or inconsistencies in witness statements, can help jurors see past assumptions.
• Scrutinizing the Prosecution’s Case: Bias can affect how police and prosecutors collect and present evidence. Your attorney will challenge these gaps.
• Aggressive Jury Selection: Careful questioning during jury selection helps identify jurors who may be unable to set aside personal beliefs and judge fairly.
• Reinforcing the Presumption of Innocence: Throughout the trial, your lawyer must remind the jury of their duty to decide based only on evidence—not bias or emotion.

Attorney Ned Barnett has decades of experience fighting bias in Houston courtrooms. By addressing these issues head-on, he works to ensure jurors evaluate cases fairly and that your constitutional rights are respected.

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

Preparing to Testify if You’re Falsely Accused

For many people falsely accused of a sex crime, testifying in court may be the most powerful way to share their side of the story. But testifying without preparation can be risky. Jurors watch everything you say and do, and prosecutors will work to trip you up. That’s why preparation with an experienced attorney is critical.

How Attorney Barnett Prepares Clients to Testify

• Appearance and Demeanor: Jurors form impressions instantly. Your lawyer will guide you on appropriate attire, grooming, and body language.
• Managing Eye Contact: You’ll learn when to look at the jury, the judge, or attorneys without appearing evasive or confrontational.
• Avoiding Common Mistakes: Rambling, guessing, or reacting emotionally can damage credibility. Preparation helps eliminate these pitfalls.
• Answering Questions Effectively: In court, short, truthful, and direct answers are best. You’ll be coached to avoid giving extra or speculative information.
• Highlighting Case Strengths: Testimony should emphasize facts that support your innocence, while being ready to handle questions about weaknesses.
• Staying Calm Under Pressure: Mock cross-examinations help you practice controlling frustration, anger, or nerves in front of the jury.

Through mock trials and detailed coaching, attorney Barnett ensures you are fully prepared before you take the stand. This preparation helps jurors see you as a person—not just a defendant—and can create the reasonable doubt needed for 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.

FAQs About Defenses to Sex Crime Charges in Texas

What Should I Do Immediately After Being Accused of a Sex Crime?

The most important step is to remain silent and avoid speaking to police, investigators, or the accuser without an attorney present. Anything you say can be misinterpreted or used against you. Contact a Houston sex crimes defense lawyer right away to protect your rights and begin building a defense.

Can I Be Convicted of Sexual Assault Without Physical Evidence?

Yes. In many Texas sex crime cases, the prosecution relies heavily on testimony from the alleged victim, even without physical or forensic evidence. That’s why cross-examining witnesses, challenging credibility, and presenting corroborating evidence are critical parts of your defense.

How Can a Lawyer Challenge False Allegations of Sexual Assault?

False accusations often stem from custody disputes, breakups, or misunderstandings. A skilled defense attorney can investigate the accuser’s motives, identify inconsistencies in statements, and use expert testimony to challenge unreliable or suggestive interviews, especially when children are involved.

What Defenses Exist Against Sex Crime Charges in Texas?

Common defenses include proving consent, establishing factual innocence with DNA or digital evidence, exposing mistaken identity, and demonstrating bias in police investigations or jury assumptions. The right defense strategy depends on the unique facts of your case.

Do I Have to Testify in My Own Defense?

No, you are never legally required to testify. However, in some cases, testifying may strengthen your defense by allowing jurors to hear your side of the story. If you choose to testify, your lawyer will prepare you extensively to ensure you are credible, calm, and persuasive under cross-examination.

What Happens If I’m Convicted of a Sex Crime in Houston?

A conviction can lead to prison time, fines, mandatory sex offender registration, restrictions on housing and employment, and lifelong stigma. It can also affect child custody, professional licenses, and immigration status. Avoiding conviction through a strong defense is the best way to protect your future.

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.