Falsely Accused of Rape
Feb. 20, 2023
Facing rape charges is a serious situation. The potential legal consequences can be significant if convicted. However, facing unfair or false accusations can lead to disastrous outcomes. Therefore, getting the right legal support is essential to protect unjustly accused individuals.
The Law Offices of Thomas R. Cox III help people in Dallas, Texas, protect their right to a fair defense. Tom Cox works hard to provide the right criminal defense counsel for Texas residents in Irving, Mesquite, Grand Prairie, Highland Park, University Park, and Dallas County.
What Is Rape in Texas?
Sexual assault is an important issue. According to estimates, 2 in 5 women have suffered some type of sexual assault, while as many as 1 in 5 men have experienced a similar situation. Consequently, Texas sexual assault laws take sexual violence quite seriously.
Texas sexual assault law considers rape an unlawful sexual activity. The key issue in rape issues is consent. The basis of a rape allegation is the lack of consent between the parties involved.
The legislation considers the following elements as part of sexual assault or rape:
Using a situation of power to commit unconsented sexual acts (i.e., healthcare service provider, clergyman, public servant)
The use of threats to coerce the victim
Causing bodily harm during the act or attempt of the act
Serious bodily harm leading to the victim’s death
The use of a deadly weapon during the crime
The participation of two or more parties during the crime
The use of substances to incapacitate the victim (i.e., date rape drugs)
The victim’s age
The victim suffers from a disability or is elderly
Please note that Texas legislation considers anyone 17 years old or younger as a child.
Possible Consequences of Sexual Assault Charges in Texas
There are various legal consequences of sexual assault charges in Texas. Please bear in mind that sexual assault or rape is classified as a second-degree felony in Texas. As a result, felony charges entail a prison sentence of at least two years.
On the whole, individuals convicted of sexual assault can expect a prison sentence between two to 20 years in a Texas state facility, as well as up to a $10,000 fine. Upon release, individuals must register as sex offenders.
Additionally, aggravated sexual assault is a first-degree felony. Prison terms for first-degree felonies can range from five to 99 years in jail and up to a $10,000 fine. Convicts must register as sex offenders upon release.
In some instances, judges may dismiss the need to register as a sex offender. However, this situation is very rare.
Possible Defenses for Rape Allegations in Texas
There are various defenses for rape charges in Texas. Here is a close look:
This defense is based on proving there was consent leading to and during the act. In general, proving consent involves showing communication between the parties. Text messages, phone calls, or witnesses can help establish the grounds for consent. However, consent cannot be used as a defense when the victim is a minor or incapacitated in any way.
An alibi occurs when a third party can corroborate the charged individual’s physical presence in a location away from the crime scene. Moreover, an alibi can corroborate that the charged party did not participate in any unlawful act. For example, people at a party testify that the accused party did not engage in sexual activity with the victim.
Witness testimony can corroborate that the charged individual did not commit the act, that there was consent, or that the charged person was not present during the time of the alleged incidents.
Genetic testing of biological samples taken from the victim does not match the genetic materials belonging to the accused party.
Lack of Motive of Intent
The charged individual did not have a motive to commit the act. Therefore, there was no intent to sexually assault the victim, even if they did engage in sexual activity at some point. Specifically, the absence of physical or psychological violence and coercion help prove a lack of intent.
What to Do if You’ve Been Falsely Accused of Sexual Assault
Individuals unfairly charged with sexual assault must seek professional criminal defense counsel. Going at it alone is not an option in such cases. Therefore, getting the best possible legal representation can help build a strong defense based on the facts.
Moreover, an experienced criminal defense attorney can work with prosecutors to highlight the facts, potentially exposing lies and unfair allegations.
Strong and Compassionate Legal Advocacy
From his office in Dallas, Texas, Attorney Cox goes the extra mile to protect his clients’ right to a fair defense. If you believe you’ve been falsely accused of rape, contact him immediately for diligent advocacy.