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How Texas Handles the Sexual Assault Investigation Process
When law enforcement investigates a suspected sexual assault, they don’t start by presuming that the accused assailant is innocent. That’s not their job. Instead, their job is to name a suspect or suspects, and collect as much condemning evidence as possible.
This means that the sexual assault investigation process often takes an aggressive stance against the accused.
Law enforcement uses a number of tactics to investigate allegations of sexual assault. Some are reasonable and expected, but others could surprise you:
• Collect any physical evidence of the alleged assault by examining the victim, usually as soon as possible after the alleged offense
• Discreetly record conversations between the alleged victim and perpetrator, often after the alleged victim has been coached on what to say or ask
• Send texts to the suspect from the alleged victim’s phone in an attempt to elicit an apology or other incriminating response
What You Can Expect as a Texas Sexual Assault Suspect
Many people accused of sexual assault are surprised by how one-sided the sexual assault investigation process can be, particularly if they have no prior contact with law enforcement.
For example:
• It is perfectly legal for the police to lie to you during an interrogation. This frequently involves misconstruing or even making up supposed “evidence” against you.
• Contrastingly, if you lie during the interrogation, you can be charged with the separate crime of providing false information to law enforcement, and/or this information can be used against you in court to paint you as a liar and destroy your credibility.
• Even if you tell the truth in an interrogation, your statements can be misconstrued or misrepresented.
• Inconsistencies in suspect statements are common, even if the suspect is innocent. This is because anyone would be nervous during an interrogation! However, any inconsistencies in your story can and will be used against you.
The definition of sexual assault in the Texas Penal Code Ch 22.011-Sexual Assault includes:
• Intercourse and penetration without consent
• Sexual abuse of an individual who cannot give their consent due to a disability or diminished mental capacity
• Intercourse, penetration, or sexual contact with a minor. A minor is defined as any person under the age of 17
• Forcible and violent intercourse, penetration, or sexual contact regardless of whether consent is given
• Coercive sexual acts
Aggravated Sexual Assault
Sexual assault becomes aggravated sexual assault if any of the following occur:
• The defendant attempted to cause, or caused, serious bodily injury or death to the victim
• The defendant placed the victim in fear of losing their life, being kidnapped, or suffering severe bodily injury
• The defendant used a deadly weapon
• The defendant committed the assault with another person
• The defendant used a ‘date rape’ drug such as Rohypnol or Ketamine to incapacitate the victim
• The victim is younger than 14 years old
• The victim is disabled or elderly
A sexual assault is generally a second-degree felony. A second-degree felony may carry a charge from two to 20 years in state prison and/or a $10,000 fine. If the charge is elevated to a first-degree felony, the defendant may face from five to 99 years in state prison and/or a fine of up to $10,000. Aggravated sexual assault is a first-degree felony. The minimum prison sentence for someone convicted of sexual assault of a minor under six years of age, or sexual assault with a weapon against a child and the child died or was severely injured, is 25 years.
Defenses to the Charge of Sexual Assault
No matter how bleak the future looks after you have been accused of sexual assault, an attorney will know what to do to give you a chance at an acquittal or reduced charges and penalties. Some defenses an attorney may use are:
• The defendant was providing medical care to the child and no contact or penetration occurred of the child’s mouth, anus, or sexual organ by the defendant’s mouth, anus, or sexual organ
00:00 How to Beat a Sexual Assault Charge
1:01 Definition of Sexual Assault
2:00 What will detectives do?
5:04 Interview with a detective
7:10 Sexual Assault in Texas Penal Code
8:54 Aggravated Sexual Assault
9:38 Punishment
10:44 Defenses
14:24 What To Do?
13 июл 2024
