Offenses involving Sexual Misconduct
Offenses Involving Sexual Misconduct
Charges for sex crimes can forever change your life. Even if you are not convicted, the charges can have a huge effect on your reputation. If you have been charged with a sexual misconduct offense, you must you hire an experienced lawyer who will provide an aggressive defense.
Common Sexual Misconduct Offenses in Texas
- Indecent Exposure
It is a crime in Texas to expose your genitals or anus with the intent to arouse or gratify the sexual desire of any person, and you are reckless about whether another is present who will be offended or alarmed. Indecent exposure includes acts like flashing or mooning.
- Sexual Assault
Under Texas law, sexual assault is when there is sexual contact involving penetration without the other person’s consent. It is often commonly referred to as rape. Lack of consent can include physical force, threats of violence, coercion, and manipulation.
- Prostitution and Solicitation
In Texas, it is a crime to exchange sexual activity for money or something else of value.
- Sex Crimes Involving Children
Under Texas law, it is a crime to be involved in any sexual activity with a child. Some examples of sex crimes involving children include criminal solicitation of a minor, sexual trafficking of a minor, continuous sex abuse of a child, statutory rape, and indecency with a child.
- Revenge Porn
Revenge porn is when a person shares a sexually explicit photo or video without the consent of the individuals in the material.
Defense of Sexual Misconduct Offenses
To be convicted of a sexual misconduct offense, the prosecution must prove that you are guilty of the crime beyond a reasonable doubt. However, because of the nature of sex crimes, police officers and the prosecution become emotionally driven and often presume that the defendant is guilty. Because of this, it is critical to contact an experienced attorney as soon as possible to help you build a strong defense. Every case is different, but below are some common defenses that attorneys use in sexual misconduct cases.
- Challenge the Arrest
The U.S. Constitution places limitations on the power of the police to make arrests and search people and their property. If the police overstepped during their investigation and arrest, the evidence that they collected could be excluded, meaning that the state cannot use it to prove their case against you. There is an especially high chance of the police acting illegally because of bias surrounding those accused of sexual crimes.
- Challenge the Testimony
Many times, sex crimes come down to “he said, she said.” Because of its private nature, there are often no eyewitnesses or corroborating evidence. Being able to expertly challenge the victim’s testimony is essential to a strong defense.
Motives for falsely accusing someone of a sex crime are wide-ranging. Jealousy, attention, revenge, and anger can all motive someone to lie. Children could be coerced by another individual to accuse the defendants or adults could have misunderstood what the child was describing. An experienced attorney will be able to uncover bias and exploit inconsistencies in testimony.
- Mistaken Identity
Mistaken identity is when your attorney argues that the victim mistook your identity for someone else’s. DNA evidence, alibis, eye witness accounts, and security footage are all helpful for mistaken identity defenses.
- Affirmative Defenses
Affirmative defenses are when the defendant admits that an act took place but offers evidence or an explanation for why it is not a crime. The most common affirmative defense for sexual assault is consent. However, consent is not an affirmative defense in all statutory rape charges. It is only a defense for statutory rape if the defendant was less than three years older than the victim and the victim was at least 14 years old.
Penalties for Sexual Misconduct Offenses
The penalties for sex crimes are severe. Many sex crimes are felonies with penalties of a prison sentence anywhere from 2 years to life and a fine of up to $10,000. Other consequences of a sex crime conviction include:
- Having your name and address on the Texas sex offender registry;
- Effecting your professional licenses, including medicine, nursing, law, teaching, or pharmacy;
- Limiting where you can work and live;
- Effecting custody and visitation rights for your children; and
- Jeopardizing your immigration status.
In addition to all the above, sexual misconduct crimes come with a social stigma. It can forever impact how your family and community treats you.
Your Dallas and Fort Worth Criminal Defense Attorney
If you have been accused of a sex crime, you should hire an experienced attorney to defend your case. Philip D. Ray is a local attorney who has successfully prosecuted and defended sex crimes. He is a compassionate attorney who treats all his clients as human beings regardless of the accusations. Call Philip D. Ray today to schedule a consultation at (469) 588-6770.