Fort Worth Sex Crime Charges and Defenses

In Fort Worth, a person convicted of a sex crime will face serious penalties. In addition to being sentenced to many years in prison, those found guilty of a sex crime may also be listed on a registry of sex offenders for the rest of their lives. Their reputation may be tarnished, their freedom could be limited, and it could be many years before they can move on with their life.

However, there are options. A skilled defense attorney who understands Fort Worth sex crime charges and defenses can help fight these allegations to protect your freedom.

Fort Worth Sex Crime Charges

The Texas Penal Code outlines many different types of sex crimes. The most common are:

  • Criminal solicitation of a minor (statutory rape)
  • Sexual assault/aggravated sexual assault
  • Public lewdness and indecent exposure
  • Prostitution/promotion of prostitution
  • Obscenity
  • Possession or promotion of child pornography

For these charges, there are also defenses that can be used. Some of these defenses can be used before the case even goes to trial, while others will need to be stated and proven before a judge.

Common Defenses

A person may be able to start preparing and using their defense for a sex crime charge before it even goes to court. In many cases, such as the sexual assault cases, it is one person’s word against another’s and one person’s testimony or statement is easier to defend than forensic evidence.

Typically, in sex crime cases, the case must be brought before a grand jury before the prosecution can proceed with charges and trying to get a conviction. If the accused can present enough evidence in their defense to the grand jury, the case may be dismissed. This defense can include a lack of a criminal record, polygraph test results, evidence that the accuser has made false accusations in the past, and even letters supporting the defendant and their character.

However, there are also other defenses that can be used either before a grand jury or once the case goes to court. Those can include stating the alleged victim has mistaken the defendant for another person, that the defendant was mentally unstable at the time and did not know what they were doing, or that the defendant has an alibi showing they were somewhere else at the time of the crime.

Affirmative Defenses

In addition to using the defense that the defendant did not commit the crime, there are other defenses for sex crimes that involve the defendant engaging in the behavior. These defenses, known as affirmative defenses, do not mean the defendant is pleading guilty; only that they are stating the act was not committed in an unlawful manner.

These defenses can include stating that the act was consensual between the defendant and the alleged victim or that the defendant did not use force or coercion during the act. In some cases, the fact that the defendant and the alleged victim were married may also be used as a defense.

Some defenses for sex crime charges are very specific to the type of charge a person is facing. For instance, in child pornography cases, the defendant may be able to use the Fourth Amendment to show that there was an unlawful search and seizure when law enforcement seized the materials.

Working with a Fort Worth Attorney Understands Sex Crime Charges and Defenses

Facing a sex crime charge can be frightening. However, a criminal defense attorney who understands Fort Worth sex crime charges and defenses can help fight these charges.

Since these allegations can follow a person around for the rest of their life, it is important that those facing them speak to an attorney as soon as possible. Call today to get started on your defense.

           

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