When an individual is charged with a sex crime, they often feel hopeless in defending themselves against such an unspeakable crime. Being arrested based solely on the word of another individual does little to temper those feelings of hopelessness. After all, they arrested you because of accusations, what’s going to stop them from convicting you?
Fortunately, the legal system in America affords you with the ability to seek legal counsel in order to defend yourself in the court of law. If you have been accused of sexual abuse, it is important that you use the right given to you by the constitution and contact an experienced sex crimes defense lawyer who can turn those feelings of hopelessness into feelings of hope.
Defenses to Sex Crime Allegations in Texas
If you have been accused of a sex crime in the Lone Star State, including the areas in and around Collin County, Tarrant County, and Dallas County, contact Dunham & Jones, Attorneys at Law. Our attorneys are experienced sex crime lawyers with the legal prowess necessary to help vindicate the falsely accused. He has decades of experience focusing exclusively on these cases. Call 800-499-8455 to speak with him during your free consultation.
Pretrial Defenses to Sexual Allegations
In many cases where an individual has been falsely accused of a crime, the best time to attack the prosecution’s case is before it ever goes to trial. The majority of sex crime allegations are based on the word or testimony of the alleged victim. It is easier to dispute the word of another person than it is forensic evidence. An individual who has been falsely accused has an opportunity to avoid an indictment by presenting evidence for the grand jury that disputes the alleged victim’s claims. This usually includes:
- The defendant’s criminal record
- Education records
- Polygraph test results
- Psychological evaluation results
- Evidence that the alleged victim has made false accusations before
- Letters supporting the character of the defendant
In most sex crime cases, the prosecution must be granted an indictment from the grand jury before they can proceed. In order for an indictment to be granted, the prosecution has to prove to the grand jury that there is probable cause that the defendant committed the crime. If the grand jury finds that there is not enough probable cause, the case can be dismissed. However, if there is enough probable cause, the defendant will be officially charged with the crime.
Common Defenses to Sex Crimes
Depending on the circumstances surrounding your case, there may be many different defense options available to you. In order to develop the best defense strategy, it is important to discuss your case with an experienced sex crimes attorney, who can help you develop the best strategy for defense.
Some of the most common defenses include, the victim has mistaken the defendant for someone else, the defendant has psychological issues that prevented him from understanding what he was doing, or the defendant was not present and has an alibi for the time the crime was committed.
Affirmative Defense Strategy
In some cases, the best strategy for defense may be an affirmative defense. With an affirmative defense, the defendant admits that he or she committed the offense, but due to certain reasons, the offense should not be considered a criminal offense. Examples include:
- The defendant was married to the alleged victim when the incident occurred
- The defendant did not use threats or force, and did not put the alleged victim under duress at the time of the alleged offense
- The alleged victim consented to the sexual act
- The defendant was not more than three years older than the alleged victim (in statutory rape cases)
It is important to understand that the defendant is not admitting to guilt. The defendant is admitting to committing the act, but is providing evidence or an explanation for why the act should not be considered a crime.
Dunham & Jones, Attorneys at Law | Defenses to Texas Sex Crime Charges
If you have been falsely accused of a sex crime, selling or purchasing a child in Texas, contact Dunham & Jones today. Our dedicated criminal defense lawyers have years of experience in representing clients across the state of Texas who have been falsely accused of a sexual offenses, including child sexual abuse, molestation, indecency, and online solicitation of a minor. Contact us today and get starting on the path towards clearing your name.