Potential Defenses to Allegations of Sexual Offenses
If you’ve been charged with a sex offense in the State of Texas, you could face serious consequences upon conviction. Hiring experienced Fort Worth sexual assault lawyers is in your best interest if you want to avoid the direct and collateral ramifications. Contacting an attorney as soon as possible—whether you’ve been arrested or not—can make the difference in the outcome. An experienced lawyer will know what defenses are available in your case and use them to your advantage.
The Innocence Defense
An innocence defense is the most basic of all criminal defenses. Your attorney could argue that you were in a different location at the time the offense was committed. In other words, you have an alibi. To use this defense, you must be able to prove that you were not with the alleged victim when the crime occurred.
For instance, suppose you were accused of a sexual assault in Fort Worth on September 15. However, you have evidence to establish that you weren’t even in Fort Worth that day. Your Forth Worth sexual assault attorney could present evidence to show that you were in Galveston instead. For example:
- Surveillance camera footage
- Credit card bills
- Hotel receipts
- Plane tickets
- Witness testimony
Another possibility is misidentification by the complainant. Again, you or your lawyer must have evidence to establish that the prosecutor has charged the wrong person. DNA evidence, such as blood, semen, hair, or skin cells can be useful in these cases.
In criminal cases, the jury must be convinced beyond a reasonable doubt that the individual charged with the crime committed the crime. If a Forth Worth sexual assault attorney can create reasonable doubt in the jurors’ minds, they must acquit the accused.
The Consent Defense
You could admit the encounter and argue that the victim gave their consent to the contact. If it was consensual, no crime was committed. In a sexual assault case, the perpetrator must have committed the act without the victim’s consent. Providing proof that they consented can be a strong defense.
This is one of the most difficult defenses for sexual assault offenses. Establishing the victim’s consent can be a challenge and even controversial to a jury. Typically, there’s no direct evidence of consent available. Even still, your Fort Worth sexual assault lawyers will evaluate the details of your case to see if this is a viable defense.
The Consent Defense
This involves your attorney proving that as a result of severe mental disease or defect that you did not know that your conduct was wrong. These cases involve mental health experts and their professional opinions. A verdict of not guilty by reason of insanity is different than being found not guilty. If found not guilty, the accused is released. If found not guilty by reason of insanity, the accused is committed to a mental health treatment facility.
Voluntary intoxication, or becoming intoxicated by your own choice, is not a defense to criminal conduct. A fact finder could be inclined to be more lenient based on the specific facts of an offense, including facts that include varying levels of voluntary intoxication.
Talk to an Experienced Forth Worth Sexual Assault Attorney Today
Facing charges for a sex offense can be one of the most stressful times of your life. You might be worried about the consequences you might face if convicted or what will happen to your good reputation. You might feel frustrated and not know where you can turn. The good news is that you can turn to the experienced and compassionate Fort Worth sexual assault lawyers at the Cofer Luster Law Firm.
Our attorneys take sexual assault charges very seriously because they know what is at stake. When you hire us, we immediately go to work learning about your case and assessing it for potentially viable defenses. In some cases, we may be able to have your charges dropped altogether or make a plea deal with the prosecution that will be beneficial for you.
If you have been charged with sexual assault, don’t wait to reach out to us. Waiting could jeopardize the success of your case. Contact us online or call 682-777-3336 to schedule your private legal consultation with an experienced attorney today.