Posted on 6/13/22

Rape charges can be among the most serious criminal charges in Texas. Police officers and prosecutors focus a significant amount of time and resources on prosecuting rape cases. Unfortunately, innocent people can be charged with sexual assault. If you are facing sexual assault charges in Texas, your freedom and future are in jeopardy. Working with an attorney to develop the best legal defense possible is crucial.

Common Sex Crime Defenses

Under Texas law, the term sexual assault describes non-consensual sexual contact between two people. Texas has a separate law prohibiting specific consensual sexual contact between adults and children, commonly called “statutory rape.” For those unjustly charged with sexual assault, there are many different types of legal defenses. The defenses depend on the circumstances of the facts of your unique case. Some local sex crime laws are stringent, and a strong defense is important. Some of the most common sex crime defenses include:

  • The defendant was not present when the alleged sex crime occurred and has an alibi for the time that the crime reportedly occurred

  • Mistaken identity — the victim identified the wrong person and mistook the defendant for the person who committed the sex crime

  • The defendant had psychological challenges preventing them from understanding what they did

  • The defendant lacked the knowledge to commit a sex crime

  • The defendant was insane at the time of the alleged incident

  • The defendant lacked the knowledge or intent to commit a sex crime

  • The sexual activity was medical care for a child and did not meet the definition of sexual assault

Those charged with online solicitation of a minor can argue that there is a lack of proof or that someone else accessed the computer.

Affirmative Defenses for Sex Crimes Charges

In addition to the defenses mentioned above, defendants can employ an affirmative defense strategy when facing a sex crime charge. With affirmative defenses, the defendant admits to committing the crime but argues that it should not be deemed a criminal offense. By submitting evidence or an explanation showing that the act wasn’t a crime. Affirmative defenses for sex crimes include the following:

  • The alleged victim gave consent to the sexual act

  • The defendant did not use threats or force or place the alleged victim under duress when the alleged offense occurred

  • With statutory rape charges, the defendant can argue that he or she was not over three years older than the alleged victim

Contact a Criminal Defense Attorney

At Abel Law Firm, our criminal defense attorneys have decades of experience representing those charged with sex crimes. We understand that innocent people can be falsely accused of sex crimes and work diligently to provide our clients with the best legal defenses possible. If you or your loved one have been charged with a sex crime in Dallas, Fort Worth, or Plano, contact Abel Law Firm as soon as possible to schedule an initial consultation.

Flower Mound Office

Phone: 972.584.7837

Denton Office