What Is the Burden of Proof for Sexual Assault in Texas?

As with every criminal case, the burden of proof for sexual assault in Texas requires prosecutors to present sufficient evidence to convince a jury beyond a reasonable doubt that the crime occurred. 

When a sexual assault case makes it to trial, you can expect the district attorney to show compelling evidence to the judge and jury. You want a knowledgeable and skilled sexual assault lawyer in Houston on your side to defend you and fight to clear your name.

Understanding the Burden of Proof for Texas Sexual Assault Charges

Under Texas Penal Code § 2.01, the burden of proof is “beyond a reasonable doubt,” meaning the jury has no reasonable doubt of the defendant’s guilt to convict them. This requirement is the highest burden of proof in any case in Texas. 

If all twelve jurors find every element proven beyond a reasonable doubt, they will render a guilty verdict and convict the accused party of sexual assault. 

While prosecutors bear the burden of proof, the defense attorney has a big job too. They dispute the prosecution’s evidence and present witnesses and evidence to create reasonable doubt in jurors’ minds about their client’s guilt.

How Does Texas Define Sexual Assault?

Texas Penal Code § 22.011 defines sexual assault. Aggravated sexual assault is a separate statute, § 22.021. These charges could include: 

• Forced penetration (commonly known as rape)
• Intercourse without consent
• Sexual abuse of someone who cannot give consent
• Coercive sexual acts
• Sexual contact with a minor
• Violent sexual contact

To prove these cases, prosecutors must provide evidence to establish:

• The alleged sexual contact, penetration, or intercourse occurred
• It occurred between the accuser and the defendant
• The contact was non-consensual, or the accuser could not consent due to age, cognitive condition, or other reason

Aggravating Factors for Sexual Assault Charges

Some sexual assault charges come with aggravating factors that could increase the severity of the penalties faced after conviction. These factors require prosecutors to prove additional details about the case, such as:

• The defendant drugged the victim
• The victim was younger than 14, or elderly or disabled, as defined by Texas Penal Code § 22.04(c)
• The defendant used threats of violence or coercion

Fighting a sexual assault charge in Texas isn’t easy. Prosecutors often file charges based mostly on the accuser’s account, with little or no physical evidence behind them. Still, many of these prosecutions end in convictions, and the punishment is severe. You want a Texas sexual assault defense lawyer who won’t back down running your case.

What Aspect of a Sexual Assault Charge Is Most Difficult to Prove?

A lack of consent is often the most challenging part of sexual assault cases to prove. The prosecution must show the defendant engaged in sexual contact when the victim:

• Did not voluntarily consent
• Rescinded their consent
• Lacked the mental competency to consent

The State has to prove lack of consent beyond a reasonable doubt, but in practice the defense needs to be ready to show why the defendant believed there was consent. Under Texas law, a person can withdraw consent even after giving it. And consent to one sexual act doesn’t mean someone voluntarily consented to other acts. When one party later says they didn’t consent, the defense needs to be ready to counter that testimony.

Texas Law Recognizes Instances When Parties Cannot Consent

In some circumstances, parties cannot consent to a sexual act. For example, Texas law states that no one under age 17 can legally consent to sexual intercourse or other sexual contact with an adult. 

Texas Penal Code § 22.011(b) includes other situations when a person cannot legally consent to a sexual act:

• If they have a cognitive disability
• If a physical disability leaves them unable to fight back
• If they are unconscious
• If they are so intoxicated or impaired that they can’t consent
• If they are unaware the act is happening
• If the actor is their mental health provider and exploits their emotional dependency

All these exceptions and the “their word against mine” nature of the evidence make it difficult to show in many cases whether intercourse or sexual contact was consensual. For this reason, consent is often the most disputed aspect of a sexual assault case, as a jury’s decision hinges on whether the accuser consented to the alleged act.

What Are Some Common Defenses in Texas Sexual Assault Cases?

By far, the most common defense strategy in sexual assault cases centers on consent. However, an experienced sexual assault defense lawyer could employ other approaches to cast reasonable doubt on the prosecution’s case. Because each case is unique, a defense attorney must consider the specific circumstances when developing their legal strategy. 

Some common defenses that help accused parties clear their names in Texas sexual assault cases include:

• Consensual actions: The defendant can provide evidence that the sexual contact was consensual, or at least raise reasonable doubt for jurors.
• False allegations: The defense lawyer establishes that the accuser had ulterior motives in making their allegation against their client.
• Mistaken identity: The defendant was not the perpetrator of the assault.
• Problems with forensic evidence: Issues with the forensic evidence raise reasonable doubt in the jurors’ minds, such as the defendant’s DNA not matching the evidence collected after the assault.
• Police misconduct: There were issues with how the police investigated the allegation, such as illegally searching a location or seizing evidence without a warrant.

You Need an Experienced Attorney If You Face Sexual Assault Allegations

If you face sexual assault allegations in Texas, you want a knowledgeable and skilled Houston sex crimes lawyer on your side. At Blass Law, our attorney is an ACS-CHAL Forensic Lawyer-Scientist and uses his experience in both fields to fight for the best possible outcome for every client. 

Contact us today for a confidential consultation.