Under no circumstances should you begin answering questions or submit to a law enforcement interview without arming yourself with an attorney experienced in defending sex crime cases.
Even if you are not formally charged, the sooner you establish your defense strategy the more likely you will avoid jail time and the stigma of being a sex offender.
What is that stigma? Well the mere accusation of a sex crime or sexual assault can have a devastating effect on your life, destroy your reputation, derail your ability to get a job, and ruin personal relationships. If you are convicted, you face a lifetime of registration as a sex offender and potentially severe criminal penalties. Regardless of the severity or circumstances of your offense, your sex offender designation becomes public record, and your friends, neighbors and employers will be able to see this easily for the rest of your life.
Do not give up hope if you have been accused of a sex crime. There are successful defense strategies and techniques that can be applied whether you are accused of a violent or non-violent sex offense. These defense strategies when skillfully applied can quite literally save your life.
What is Considered a Sex Crime Offense?
There are various types of crimes that are prosecuted in Texas such as:
- Rape–In Texas “aggravated sexual assault” is the legal term for rape. You can be accused of rape no matter how slight the contact if physical force or coercion is used or the victim is shown to be physically or mentally handicapped.
- Sexual Contact (Touching)
- Lewdness (Exhibitionism)
As is clear from this list, you don’t have to even physically touch someone to be accused of a sex crime. Often sex crimes result from misunderstandings between two individuals where justice is not served by branding one of them a “sex offender” for the rest of their life. Other times the victim may “change their mind” about what occurred after the fact.
Regardless of your situation, you deserve a prompt effective defense from an attorney that really knows TX sexual assault law and the Bexar County and Texas Court systems.
Statutory Provisions Relating to Sexual Asault & Rape
Criminal sexual assault–also known as rape–is a felony that carries with it severe penalties. Sexual assault is intentionally or knowingly penetrating the anus, female sexual organ, or mouth of another person, without that person’s consent. Under the law, the victim is said not to have consented to the actions if the assault is under one of the following circumstances:
* The victim is unable to consent or to resist because of a mental disease or defect
* The victim is physically unable to resist, unconscious, impaired by ingestion of a substance forced on the victim by the defendant, or unaware that the assault is occurring
* The assailant uses force, violence, or a threat of force or violence against the victim or against another person
* The defendant is a government official or employee who coerces the victim to submit or participate
Texas law does not distinguish marital rape from general sexual assault.
If the victim is a child under the age of 17, the law presumes the child cannot consent, so any penetration of the child’s anus, mouth, or female sexual organ, or causing the anus, mouth, or sexual organ of a child to contact that of another person, is sexual assault. However, if the child is 14 years of age or older and the defendant is no more than three years older than the victim, then there is no crime.
Aggravated criminal sexual assault is first degree felony criminal sexual assault under aggravated circumstances. If the defendant causes or threatens kidnapping or serious bodily injury, threatens death or tries to kill the victim, sexually assaults a child under the age of 14, or uses a deadly weapon, the defendant will be charged with aggravated sexual assault.
Learn Your Options From An Experienced Sexual Assault Defense Attorney
San Antonio Sexual Assault Defense Attorney understands that the consequences of a sexual assault allegation can be devastating. Accusations of sexual assault can be made while providing little substantiating evidence. In fact, they are one of the easiest accusations to make of all Texas crimes. San Antonio Criminal Defense Attorney aggressively defends all types of sexual assault charges.
The long-term consequences of a sex charge can be devastating to yourself, your family, your career, and your financial security, regardless of whether they are ultimately convicted of a crime. And if convicted, the consequences can be prison time, fines, and permanent registration as a sex offender.
If you have been accused or charged with sexual assault, aggravated sexual assault rape, child molestation, statutory rape, or date rape, you need immediate help from an experienced criminal defense attorney. We have been aggressively defending clients from sexual assault charges for 20 years. His experience both in and out of the courtroom has help ensure the best possible outcome for his clients.
Accusations of Sexual Assault: The Time To Act is Now
If you’ve been accused of sexual assault, it’s in your best interest to act quickly. The simple act of filing sexual assault charges can be devastating to a person’s reputation. And the quicker we can review the evidence in the case, the higher the likelihood of a positive outcome. Physical evidence is very important in sexual assault cases, since there is usually no witnesses other than the parties involved. So it is in your best interest to get legal representation the moment you know you are under investigation.
The defense of sex crimes and child abuse cases is different from other areas of criminal law and requires very specific techniques and experience. An effective defense team often employs psychologists, computer forensic examiners, private investigators and an attorney with the expertise to apply these tools and who knows his way around the courtroom to give you an effective trial.
To say you need an attorney that presents an “aggressive defense” is an understatement. The stakes are too high here for your attorney to be merely just aggressive. He must be tough, smart and an accomplished courtroom practitioner.
San Antonio Sexual Assault Attorney: Why You Should Choose Us
At the law office, you get the experience and personal attention your case deserves. Your case will be handled from start to finish. That means the same experienced criminal defense attorney will be leading the investigation, negotiating with the District Attorney’s Office, and defending you in court, if necessary. And if your case does go to trial, we have significant experience in trying these difficult cases, both in presenting your case as well as jury selection, where these cases are often won or lost. This not only provides for better service and communication, but helps ensure the best possible outcome for your case.
Fill out the form to the right of this page or call the Law Office today for a Free Consultation about the particulars of your case. We’ll evaluate your situation and draft a strategy to stay ahead of the prosecution to provide a successful outcome for your case.