To bring a sexual assault charge in Texas, the prosecution can have only a person’s testimony. However, they will likely have a combination of evidence, including physical and biological evidence and testimony from witnesses, experts, and the alleged victim.
Our Houston sexual assault lawyer can examine the evidence against you and build a case file of our own to show that you did not commit the crime you are accused of.
What Counts as Sexual Assault in Texas?
The legal definition of sexual assault in Texas involves multiple discrete factors:
- The offender must penetrate the mouth, anus, or sexual organ of the alleged victim (or, if the alleged victim is a child, they may cause the child’s mouth or private parts to touch someone else’s)
- The offender must perform this act without the consent of the alleged victim, which includes assaulting someone who is physically or mentally incapacitated or using force or the threat of force to perform the act
- The offender must “intentionally and knowingly” perform the act
A sexual assault charge in Texas needs to be supported by evidence proving that each of the above criteria are met. It must also prove that you specifically were the offender in this case.
If you are facing multiple charges—for example, sexual assault plus aggravated assault and terroristic threats—then the prosecution must have evidence to prove each individual charge. Likewise, our legal team will have to disprove each of the charges in order to win your case and your freedom.
What Evidence is Typically Used in Sexual Assault Cases?
Evidence varies depending on the specifics of the case. The prosecution will typically try to collect as much evidence as possible to make their case strong and convincing. This evidence might include:
- DNA evidence or the results of a sexual assault examination kit
- Witnesses who can testify about the assault itself, your whereabouts at the time, or your relationship with the alleged victim
- Testimony from experts who can speak to the contents or reliability of test results and medical examinations
- Physical evidence, such as objects that were used during the alleged assault
- Electronic data or audiovisual evidence that places you at a particular place and time, such as surveillance camera footage or cell phone records
- Past correspondence between you and the alleged victim, including text messages, emails, or voicemails
- Past sex crime arrests, accusations, or convictions against you
- Past complaints or protective orders issues against you
Not every case requires such a wide range of evidence. Under Texas Penal Code § 38.07, the alleged victim’s testimony is the only evidence the prosecution requires if:
- The alleged victim told someone else about the assault within one year
- The alleged victim was under 18 or over 64
- The alleged victim is physically or mentally disabled to the point where they cannot care for themselves
Knowing that you could be convicted based on a single person’s testimony may be disheartening, but this does not mean your case is hopeless. There are still ways to combat and win against a sexual assault charge. Our Texas lawyer can advocate for your rights starting from the moment you call us.
What Evidence Do You Need to Dispute a Sexual Assault Charge?
The prosecution must meet a high burden of proof to secure a sexual assault conviction. If they cannot prove “beyond a reasonable doubt” that you are guilty, then the jury is required to let you go. In other words, as your sex crimes attorney, it is our job to introduce that “reasonable doubt.”
Our sex crimes lawyer works to introduce doubt based on the factors such as the following:
- Lack of evidence: We scrutinize the alleged victim’s story and look for weak points or contradictions that we can use to show that part or all of their testimony does not hold up. More specifically, we might argue that the alleged victim has misidentified you as the perpetrator or that they consented to the sexual act.
- Evidence that shows you are innocent: Our law firm might build an alibi using phone records, photo or video footage, or witness testimony to show that you were elsewhere at the time of the alleged assault. We can also bring in witnesses of our own to testify to your character or to aspects of your relationship with the alleged victim that shed new light on their accusations.
- Rights violations: No matter what crime you are accused of or arrested for, you have rights that the authorities cannot violate. If the police searched your property without a warrant, failed to inform you of your rights, or conducted tests or searches improperly, our legal team can argue that this evidence should be suppressed, which means the prosecution can no longer use it.
- Technical reasons: For example, the statute of limitations on sexual assault cases—in other words, the amount of time an alleged victim has to take legal action—varies from case to case. If the prosecution does not take action in time, we can fight to have the case thrown out.
A sexual assault conviction can have severe consequences, including prison time, steep fines, and a blow to your reputation that could follow you for the rest of your life. You want to start fighting these charges as soon as possible to protect yourself and your family.
Do Not Put Your Future in the Hands of Just Any Sexual Assault Lawyer
Our firm has been keeping innocent people innocent since 2009. Jay Cohen Blass has always and will always be on the side of the wrongfully accused: he has never worked as a prosecutor and has no interest in any legal work except protecting people like you. Call Blass Law for a confidential consultation today.