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Ft. Worth Sexual Abuse Lawyer

Several defenses are available in serious sexual abuse cases.

In Texas, sexual abuse is an enhanced form of assault. Sexual abuse offenses include contact offenses, like rape, and non-contact offenses, such as indecent exposure. The range of punishment varies significantly in these cases. But the indirect consequences are similar. Most people believe that sex offenders are homogenous. In other words, a “peeping Tom” is just as bad as a child rapist, at least in the minds of many.

Because of these severe direct and indirect consequences, sex abuse defendants badly need a good Ft. Worth criminal defense lawyer from the Law Office of Kyle Whitaker in their corner. Usually, sex crimes are ineligible for record sealing or expungement. So, a vigorous defense is the only way to reduce or eliminate the negative effects of a sex abuse conviction. Fortunately, a number of defenses are available in these cases, mostly because the burden of proof (beyond any reasonable doubt) is so high in criminal cases.

Defenses in Contact Sexual Abuse Cases

The alleged victim’s testimony is critical in contact sex abuse cases. Medical evidence, such as a rape kit or DNA samples, proves the sexual contact portion of a contact sex abuse case. However, such evidence does not prove that contact was unconsented.

Such physical evidence is often sufficient in statutory rape and other protected class sexual contact matters, such as:

The so-called Romeo and Juliet law applies to the first two bullet points. It is a defense to prosecution if the alleged victim was at least 14 and the defendant was no more than three years older at the time.

All other contact sex crimes hinge on the alleged victim’s testimony. A Ft. Worth criminal defense lawyer must tread lightly when undermining the alleged victim’s testimony. The law limits the scope of these cross-examinations. Furthermore, if the jury believes a Ft. Worth criminal defense lawyer is attacking the alleged victim, the jury often loses all sympathy for the defendant.

Pointing out prior inconsistencies is usually the best approach. If a witness cannot keep the details straight, the witness’ entire testimony is questionable.

Incidentally, in 2019, the legislature also created a new sexual abuse crime. Indecent assault, a Class A misdemeanor, is sharing bodily fluids without consent. Previously, the state prosecuted these offenses as Class C assault by contact, which is not a sex crime.

Consent, which is an affirmative, one-time voluntary agreement to perform a current act, is an affirmative defense in most contact sexual abuse cases.

Non-Contact Defenses

Procedural defenses, which are also applicable in many contact sex abuse matters, are the primary defenses in indecent exposure, solicitation, and other non-contact sex crimes.

Fifth Amendment violations may be the best example. Most people know that they have the right to remain silent. But most people do not know the full extent of this sweeping constitutional right.

The Fifth Amendment protects not only defendants on trial but also “suspects” and “persons of interest” during criminal investigations. Furthermore, the Fifth Amendment also applies to physical acts, such as posing for pictures, providing chemical samples, or appearing in lineups. Basic “stay behind the line” commands, which everyone must obey, are the only exceptions.

Significantly, under current law, unless people affirmatively invoke their Fifth Amendment rights, they waive these rights.

Connect With a Hard-Hitting Tarrant County Attorney

Sex abuse charges have significant direct and indirect consequences. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. We routinely handle matters throughout North Texas.