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 the jurors believe that no reasonable person could doubt the defendant’s guilt, they will render a guilty verdict and convict the accused party of sexual assault.
While prosecutors bear the burden of proof, the defense attorney also plays a critical role in this process. They dispute the prosecution’s evidence and present witnesses and evidence to create reasonable doubt in jurors’ minds about their client’s guilt.
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How Does Texas Define Sexual Assault?
Texas Penal Code § 22.011 covers the entire range of sexual assault crimes. All involve non-consensual sexual contact and 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 elderly, a child, or disabled, as defined by Texas Penal Code § 22.04(c)
- The defendant used threats of violence or coercion
Countering a sexual assault charge in Texas is not easy. Prosecutors often seek charges based primarily on the victim’s account, with little or no physical evidence to support the charges. Still, many prosecutions result in convictions, with the defendant facing severe punishment. Thus, you want a relentless Texas sexual assault defense lawyer managing 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
It is often up to the defense to show that the defendant believed they had consent from the other party. Under Texas law, individuals can withdraw consent even once they have given it. Moreover, consent for one sexual activity does not mean someone voluntarily consents to other acts. When one party later says they did not consent, the defendant must counter their testimony to clear their name.
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, they have impaired judgment
- If they took a mind-altering substance
- If they are a patient of a mental healthcare professional
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.
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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.
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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 sex crimes lawyer on your side. At Blass Law, our attorney is a certified 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.
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