Potential Defenses in Indecency/Sexual Assault Cases

Stressed Man sitting on Floor Sexual Assualt Case

Being accused of sexual assault can be devastating to say the least. In fact, the possibility that you could spend years in prison and have your reputation ruined irreparably can make you feel scared and hopeless. This is why it is critical to retain the services of an experienced Austin criminal defense lawyer. In particular, he can fight to protect your freedom and to minimize the consequences you might face. So, here are four proven and time-tested criminal defense law strategies an experienced attorney could use to defend you against the charges you are facing.

False Accusation Defense

If you are facing false allegations of sexual assault, your criminal defense lawyer might try to prove it. He can do that by making the following arguments – depending on the circumstances. In fact, there are numerous criminal defense law strategies that can help.

You did not engage in sexual activity with the accuser. They just made it up in order to gain leverage over you in divorce/child custody battle. Or, they did that to extort money from you, or to spite you. Also, your lawyer might dig up the accuser’s past and produce evidence. These can include social media posts, communications between you and the accuser, and witness statements to corroborate your side of the story. With solid evidence establishing that the accuser has a motivation to make false allegations against you is possible.  

Also, if the accuser has a track record of making exaggerated or false accusations against you or other people in the past, your lawyer will question the veracity of their claims as well.

Affirmative Defense

In affirmative defense, your Austin criminal defense lawyer will make the argument that you engaged in sexual activity with the accuser because they consented to it, but they recanted it later due to ulterior motives, guilt, shame, fear, or other reasons.

In this type of defense, your lawyer might also argue that since you did not place the accuser under duress or obtain their consent through force or threat, what you did cannot have the label of a ‘sexual assault’.

Procedural Errors and Violation of Rights Defense

As a matter of fact, if the evidence against you was obtained by the police through unlawful means, your lawyer will request the court to not allow it to be presented as evidence. Hence, in the absence of compelling evidence, the prosecution might not be able to prove your guilt.

Onus of Proof Defense

In this type of defense, your criminal defense lawyer will question the evidence presented by the prosecution. And, he will argue that it is not sufficient to prove your guilt beyond a reasonable doubt.

Are You Facing Charges of Sexual Assault in Austin, TX? Get the Top-Rated Team in Criminal Defense Law on Your Side!

The criminal defense attorneys at Hines & Holub know that a conviction in a sexual assault case can have extremely serious consequences. And, they can turn your life upside down. It is why we fully commit to fight for you and defend your rights. And, we will do everything in our capacity to protect your rights, freedom, and reputation.

We have over 85 years of combined experience, unparalleled legal expertise, and an in-depth understanding of the Texas criminal justice system. Hence, we are in an ideal position to take up your case and fight for the best outcome possible.

To discuss the charges against you, call us today at 512-883-5386. Or, contact us online and schedule a free consultation with one of our Austin criminal defense lawyers. 

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