What Should I Do if I Am Accused of a Sexual Offense in Texas?

 Posted on September 19,2023 in Criminal Defense

Facing a charge of sexual offense in Texas can change your life drastically. It can shatter your family bonds, disrupt your career, and tarnish your reputation. It is estimated that about ten percent of reported sexual assault allegations end up being false claims. That is why it is important that you take quick action. In Texas, a conviction can result in lengthy prison sentences and mandatory registration as a sex offender. If you are accused of a sexual offense, you need the assistance of a skilled criminal defense attorney who can help you fight these allegations.

Do Sexual Assault and  Aggravated Sexual Assault Differ?

Under Texas law, sexual assault and aggravated sexual assault are classified as felonies. Here is the difference between both:

Sexual assault involves sexual contact or penetration where there has been no consent. In Texas, sexual assault is considered a felony because it violates a person's fundamental right to control their own body and can result in physical and emotional trauma.

Aggravated sexual assault is a more severe form of sexual assault because it poses a greater threat to a person’s safety and well-being. For instance, if a weapon is used during the assault or if a person suffered serious injuries, the crime can be classified as aggravated sexual assault.

What are Some Criminal Defense Strategies?

 It is important to understand that not everyone accused of a sex crime is guilty of committing one. Some individuals resort to false accusations of sexual assault or other sex crimes to seek revenge. There are cases in which someone may regret a consensual sexual encounter and then claim they did not give consent. In cases of divorce, a parent may even allege child sexual abuse to gain child custody. That is why it is important to seek the help of an experienced lawyer who knows how to deal with these cases and who has strong criminal defense strategies:

• Establishing Reasonable Doubt - Criminal charges demand the highest standard of proof, meaning the prosecution must prove its case beyond a reasonable doubt. By identifying inconsistencies in the prosecution's case, a skilled attorney will assist you in finding evidence to weaken their arguments and demonstrate that there is reasonable doubt. 
• Consent - The accuser may say there was no consent, but since there are typically no witnesses, it often comes down to which side is more credible. A seasoned attorney will thoroughly investigate the accuser, which could involve scrutinizing phone records, texts, social media posts, and more. Part of a criminal defense strategy includes preparing you to testify in court if necessary.
• Right to Silence - If you are facing accusations of sexual assault, exercising your right to remain silent is crucial to safeguarding yourself. Refrain from answering police inquiries, especially if they pressure you to speak. This tactic is designed to gather information. Under the Fifth Amendment of the U.S. Constitution, you have the privilege to withhold responses that could potentially incriminate you. The most effective approach is to stay quiet and simply request to consult with your attorney.

Schedule a free consultation with a Karnes City Sex Crimes Lawyer

If you are accused of a sexual assault, you need a Karnes County sex crimes attorney who understands the prosecution's tactics. At BRCK Criminal Defense Attorneys, we work strategically to protect your rights and freedom. Call 830-769-1010 for a free consultation.