Criminal allegations of sexual misconduct can make for especially challenging cases in both legal and personal terms. Although it is possible to effectively contest accusations of this nature and minimize the impact they have on your life in and out of court, trying to get a positive case outcome by representing yourself in court is virtually never a good idea.
When it comes to building, supporting, and executing on sex crime defense strategies in Plano, there is no substitute for assistance from a seasoned sex crimes defense attorney who has handled similar cases successfully in the past. With that said, below are some approaches a legal professional might take when representing someone accused of any criminal sexual conduct under Texas state law.
The most straightforward defense strategy for sex crime allegations and any other criminal charge in Plano is simply establishing that the defendant was not the person who actually committed the offense in question. Depending on a particular case’s circumstances, it may be possible to go about this in a few different ways.
For instance, if someone accused of sexually assaulting in a particular location was somewhere else entirely when the alleged assault actually occurred, that alibi—if supported by witness testimonies and documentary evidence like purchase receipts or ticket stubs—could be a lynchpin in their defense strategy. This type of approach can be key to resolving situations where someone who has experienced a traumatic sex crime earnestly misidentifies the person who allegedly harmed them, or if they knowingly make false accusations against someone.
Missing Core Elements of a Criminal Offense
In the absence of an alibi putting a defendant somewhere other than where a sex crime occurred, it may instead be prudent to build their defense strategy around disproving specific elements of the charge they are facing. In order to convict someone of any criminal act, Texas prosecutors must prove beyond reasonable doubt that the defendant committed every single action defined as a component of the offense under state law. If even one element is not present, the court cannot convict.
This kind of strategy can be helpful not only in contesting criminal charges as a whole, but also to mitigating the severity of charges filed against a defendant. For example, certain sex crimes in Plano are prosecuted more harshly if the defendant used or threatened force while committing the act, so proving that the defendant did not use or threaten force could significantly lessen the penalties they might face if their case ends with a conviction.
Affirmative Defenses Under State Law
Finally, it is sometimes possible to base a sex crime defense strategy in Plano around exemptions called “affirmative defenses.” These are specific situations outlined under state law where someone who might otherwise be convicted of a criminal charge would be immune from criminal prosecution.
For instance, one possible affirmative defense to sexual misconduct with a child might be establishing that the defendant’s physical contact with the child was for a legitimate medical purpose. Another commonly used affirmative defense is the “Romeo and Juliet” defense, meant to prevent young people from being convicted of statutory rape for having consensual sex with someone between 14- and 17-years old while being less than three years older than that person themselves.
Discuss Possible Sex Crime Defense Strategies with a Plano Attorney
Every criminal case is different, and that is especially true for cases involving alleged sex crimes. Defending yourself against charges of this sensitive nature is not something to be taken lightly—and trying to do it alone very often leads to unsatisfactory outcomes.
Seeking help from a knowledgeable defense attorney could be a key first step towards establishing a comprehensive and effective sex crime defense strategy in Plano. Reach out to Barbieri Law Firm, P.C. today for a private consultation.