Sex Crimes Are a Serious Offense, but There Are Some Effective Legal Defense Strategies in Dallas that Can Help Defendants Win an Acquittal
DALLAS, TX / ACCESSWIRE / March 23, 2018 / It only takes one glance at the statistics to show that violent crime is rising in many cities. In Dallas, for example, violent crime increased 10 percent in 2016, and that rate is expected to rise when the 2017 reports are released.(1) As a result, it's important that legal defense strategies in Texas take into account the fact that prosecutors want convictions that will lead to maximum penalties.
This is especially true if someone is charged with a sex crime because the current climate has shined a huge spotlight on sexual assault, and no prosecutor wants to look like he or she isn't taking this type of case seriously.
That puts a huge burden on defense lawyers to come up with a successful game plan to fight sex crime charges. Let's take a look at some of the strategies that attorneys can employ to mount a stout defense in sex crime cases.
What Are Sex Crimes?
Before we talk about defense strategies for sex crimes, it's important to first understand the definition of a sex crime.
The Texas Sexual Assault Statute Title 5, Chapter 22, Sections 22.011 and 22.021 governs sex crimes in Dallas.
Under this statute, a sexual assault occurs when a person intentionally or knowingly:(2)
- Causes the penetration of the private parts of another person (including a child, which is defined as a person younger than 17) by any means.
- Causes the penetration of another person's mouth with a sexual organ without that person's consent.
- Forces another person to participate in a sexual act through physical force or violence
- Forces another person to participate in a sexual act through the threat of physical force or violence.
It's important to remember that a spouse can file sex crime charges against the other spouse if he or she was forced to have sex without consent.
Police may also file aggravated sexual assault charges against a defendant in the following circumstances:
- Defendant caused serious bodily injury or tried to kill the victim during the assault
- Defendant caused the victim to be in fear of death or serious bodily injury
- Defendant used a weapon during the assault
- Defendant had an accomplice during the crime
- Defendant used a date rape drug,
- Victim is younger than 14
- Victim is an elderly person or disabled.
Defenses Against Sex Crimes
There are several defenses against sex crimes that lawyers can present to help a client earn an acquittal, including:
- Mistaken Identity - In some instances, the defendant can claim that he wasn't present during the time the crime took place, or that he was present, but was not the person who committed the sexual assault. For example, in a case involving an assault at a fraternity house, a defense lawyer may argue that the defendant was at the party, but did not participate in the assault. This typically requires several witnesses who will corroborate that defense or the lack of DNA evidence that points to the defendant.
- Consent - A defense lawyer can also argue that his or her client did have sex with the victim, but that the sex was consensual. This often boils down to a "he-said-she-said" dynamic that pivots on who a jury thinks is most credible. In some instances, defense lawyers will introduce a victim's past sexual history as evidence of promiscuity or as evidence of a demonstrated willingness to have sex with different partners.
- Mental Incapacity - Defendants who can prove that they had a mental deficiency or mental disease at the time of the assault that prevented them from knowing that their actions were a crime, could mount an effective defense. Proving mental incapacity means that a defendant was not criminally liable at the time of the assault.
It's important to remember that only a unanimous verdict will convict a defendant in a felony sexual assault case. A defense lawyer's goal is to create enough reasonable doubt about a defendant's guilt to prevent a unanimous verdict
The Importance of Legal Defense Strategies
Getting arrested for sexual assault is a serious matter in Texas. In 2016, there were more than 18,000 sexual assault incidents, with Dallas County accounting for more than 1,500 of these assaults.(3) These numbers show the importance of legal defense strategies in Dallas when it comes to fighting sex crime cases. The John Helms Law Firm has the kind of fighter mindset to mount an aggressive defense on your behalf. If you have been charged with a sex crime, please contact us today at 972-525-8822, or at our emergency number: 214-360-7447.
REFERENCES:
1. https://www.dallasnews.com/news/crime/2017/09/25/violence-dallas-us-increased-last-year-crime-still-historic-lows-fbi-report-says
2. http://tdcj.state.tx.us/divisions/cmhc/docs/cmhc_policy_manual/G-57.01_Attachment_A.pdf
3. http://www.dps.texas.gov/crimereports/16/citCh7.pdf
SOURCE: John Helms Law Firm via Submit Press Release 123