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Category: Criminal Cases

Rape, Sexual Assault, and Texas Criminal Law

Introduction

Sexual assault is perhaps one of the most common forms of modern day crimes. While sexual assault is a criminal act punishable by law, it is still rampant, and many people often fail to get the best representation services. The United States Department of Justice classifies sexual assault as any type of sexual contact that occurs without the consent of the recipient. Some of the common forms of sexual assault that occur today include forcible sodomy, child molestation, fondling, attempted rape, just to name a few. If you are accused of any of these types of sexual acts, it’s vital that you gain access to the best legal services to avoid any criminal charges.

Defenses against sexual assault charges

Serving a prison sentence is not a pleasing experience for anyone.

There are several forms of defenses that one can implement against a given sexual felony. The defendants in any type of criminal prosecution often profess innocence of the crime, and this is no different when it comes to handling sexual assault charges. Besides that, the sexual assault defendants might also admit to engaging in the given sexual misconduct, and they might claim that the activities don’t amount to sexual assault. This is because the victim might have consented to the behavior. Finally, the defendants might also claim no responsibility based on mental incapacity and insanity factors.

Types of defenses against sexual assault

Innocence

In a sexual assault case, one of the primary defenses is to claim for innocence. The defendant may claim that they could not have engaged in the crime due to various factors. Some of them including the fact that they were in a different location, which is otherwise referred to as providing an `alibi.` To implement a valid defense on the alibi, the defense has the role of supporting their alibi with useful evidence. The defendant may also claim that the victim identified them wrongly as a perpetrator in the case. Similar to presenting an alibi, the defendant must give proof to support any such claim.

Consent

In some cases, the defendants in the sexual assault case might also admit to the case as presented. That said, they might even argue that the victim’s consent negates any such charges. One of the main aspects of the sexual assault is that any such acts should be based on the will of the victim. Therefore, if the defendant can show that the victim consented to the sexual activities, then this will offer a reasonable defense for the charges. Demonstrating consent can in some cases be a challenging and controversial procedure for the defendant. However, if the defendant can`t prove the consent, then they should try using the victims sexual past to demonstrate such a claim. With Houston criminal defense lawyer Paul Morgan on your side, you’ll know the best decision to make without all the guess work.

Insanity or mental incapacity

The defendants in a sexual assault charge may also claim that they suffer from some for a mental disease or challenge that should be held accountable for their acts. There are various states that use as many different types of insanity defenses. However, many of the states will classify an offender leniently, especially when they demonstrate any form of mental health complication.

Charged with Sexual Assault? Get the best Attorney

Facing prison charges in Texas can be an emotionally challenging issue for all people. Not only does it affect your reputation, but it also compromises your criminal record and the chances of getting a jail release. Besides that, you might also have some queries in relation to the sexual assault defense, and a good sexual assault attorney should be of help.

Domestic Violence Case Are Nasty!

You and your girlfriend get into a fight after an evening of drinking and watching the game on TV with friends in the bar.

It is over something so stupid you don’t remember.

Your girl begins picking a fight and starts pushing you. She has done this before.

You call your mother to prevent yourself from losing your temper and ask her to come get you. After you get off the phone, your girlfriend tries to snatch your phone. You push her away and she lands on the bed. She comes after you, so you walk outside. She locks you out, calls the police, and her sister arrives.

Her sister tells the police, “He put his hands on her. He put his hands on her,” saying this as if she were present. Fortunately, your mother had arrived before the sister. Your mother is able to tell the police that the sister wasn’t present to see the disagreement between you and your girlfriend. Your girlfriend wants you charged with assault and shows the police a bruise on her leg from racket ball, alleging this is where you hit her.

Defenses To Prosecution

Your first and strongest defense is an attorney who believes in you. He will use all his efforts to present your side of the story and to apply his understanding of the law to protect you from lies and exaggerations. He will argue to suppress or dismiss a frivolous charge and get you acquitted.

Some common defenses provided by law are that :

No offense occurred,
It was self defense
It was unintentional or an accident
Insufficient evidence or injury

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