Sexual assault is one of those offenses that is highly frowned upon by society, but just because someone is accused of rape, it doesn’t necessarily mean they are guilty. In the criminal justice system, defendants will often plead “not guilty” to a charge, and it’s no different for sexual assault cases.
Sometimes, a defendant may openly admit that the sexual act took place, but they will insist that the alleged victim was a willing participant. The challenge then, often has to do with the available “evidence” or lack thereof. In Texas sexual assault cases, it’s common for defendants to claim innocence.
For example, the defendant could claim that he couldn’t have committed the crime because he was someplace else when the alleged assault took place. Or, he could claim that he’s a victim of misidentification. If DNA evidence is available in such a case, it can be critical in excluding him as a suspect.
Often, when the defendant claims that the sex was consensual, it becomes a “he said, she said” issue. The problem is that it can be difficult to prove consent, especially when there aren’t any witnesses to say what it was or wasn’t.
The Role of the Defense Attorney
Sexual assault charges cannot be taken lightly. Sexual assault under Section 22.011 of the Texas Penal Code is typically a felony of the second degree, which can lead to fines, imprisonment, and mandatory sex offender registration.
What do the penalties for sexual assault involve? A second-degree felony is punishable by 2 to 20 years in prison and by a maximum fine of $10,000. If you’re facing sexual assault charges, you cannot risk your future. Denton County Criminal Defense Attorney, Derek A. Adame can examine your relationship with your accuser and the nature of the accusations to develop an aggressive defense strategy on your behalf.
Related: Statutory Rape in Texas
Contact our Denton County criminal defense firm immediately for a free consultation.