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Can I Fight False Sexual Assault Allegations in Texas?
Being accused of sexual assault can turn your life upside down in an instant. Even without a conviction, false allegations can damage your reputation, career, and personal relationships. The stakes are high, and the path forward can feel overwhelming and uncertain. Our experienced Midland, TX sexual assault defense attorney understands how quickly these situations escalate and the importance of acting decisively to protect your rights and future.
Why Do False Allegations of Sexual Assault Happen?
False sexual assault accusations can arise from many personal, emotional, or situational factors. Impairment and regret are common among them. Sometimes, individuals under the influence of drugs or alcohol may misremember events or blur the lines between consent and non-consent. A misinterpretation of events under impairment can also lead to mistaken identity.
A person may consent to intimacy but later feel remorse. Guilt, conflicts with personal values, relationship troubles, or fear of social stigma and repercussions can play a role in motivating someone to make a false claim about sexual assault. Regardless of why it happens, Texas Penal Code § 37.08 states that making a false report to law enforcement is a criminal offense.
Common Defenses for Sexual Assault Allegations in Texas
The consequences for a sexual assault conviction are harsh in Texas. The 2013 Senate Bill 1610 even increased the penalties. You could face up to 20 years in prison, a $10,000 fine, and obligatory registration as a sex offender. Given the high stakes, you need a strong defense to challenge the allegations. Common defenses include:
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Consent: You may be able to show that the alleged victim willingly agreed to the sexual activity, making the act lawful.
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Mistaken identity: You may argue that you were wrongly identified as the perpetrator.
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Lack of Evidence: Challenging the prosecution’s case by claiming that they do not have sufficient evidence is a strong defense in sexual assault cases.
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Romeo and Juliet defense: If the accusations against you are related to statutory rape, governed under Texas Penal Code §21.01, you may address the close-in-age exception if it applies. This affirmative defense is used for consensual relationships with a small age gap.
Hiring a legal representative is the first step in building a strong defense. Your attorney will evaluate the circumstances of your case to determine the most effective defense.
What Should You Do if You Have Been Falsely Accused of a Sex Crime in Texas?
If you are falsely accused of a sex crime in Texas, you should avoid speaking to law enforcement without an attorney present. Hire an experienced defense lawyer immediately to guide you through the legal process and protect your rights. Preserve any evidence that supports your innocence, avoid contact with your accuser, and consider your legal options.
Contact an Austin, TX Sexual Assault Defense Attorney Today for a Free Consultation
Facing false allegations of sexual assault is daunting. However, you do not need to go through it alone. The Midland, TX sexual assault defense lawyers at Morales Law Office, Attorneys at Law, PLLC. will ensure you understand the laws that apply to your case and help you build a strong defense. Call 512-474-2222 today to schedule a free consultation and take the first step toward clearing your name.
