The alleged victim being denied their liberty before or after the offence. What must be proved to find the accused guilty? In order to find the accused guilty of aggravated sexual assault, the following must be proved: Sexual intercourse occurred. There was no consent to the sexual intercourse. The accused knew that the other person did not consent to the sexual intercourse; or was reckless as to consent.
What are the potential defences? Potential defences to a charge of aggravated sexual assault include: Denying that sexual intercourse occurred. Raising a doubt that there was no consent from the alleged victim.
Raising a doubt that there was no reasonable belief that the alleged victim consented. Call today. Or use the contact form below:. Contact a Lawyer Contact a Lawyer. Unfortunately, many people are ignorant about what the law says about sexual assault and consent. In Texas, sexual assault is when a person intentionally or knowingly:. What is aggravated sexual assault in Texas?
Aggravated sexual assault is defined as a person intentionally or knowingly performs one of the acts mentioned above and:. B the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or.
If you or a loved one has been charged with sexual assault or aggravated sexual assault, a strong criminal defense is possible. The aggravated assault punishment in Texas involves jail time, fines and added restrictions. The minimum prison time for such a crime is 25 years.
However, you may be facing a life sentence without parole if you have prior sexual assault cases. However, the defense for aggravated sexual assault begins outside the courtroom. Mistakes like trying to contact the victim, talking to law enforcement, or agreeing to DNA testing often backfires.
Insist on having a sex crime attorney from the very beginning. It will help avoid these common pitfalls and give you a fighting chance in court. The basic defense is that the accused is innocent. The defense attorney can prove that there is no way the accused could have committed the crime. One of the most effective ways to demonstrate innocence is through an air-tight alibi. It shows to the court that the accused was elsewhere at the time the crime was committed.
The alibi has to be backed by substantial evidence to prove innocence. Proving you were mistakenly identified can get you acquitted. Your attorney can do this by showing that the witness is unreliable for several reasons. For instance, the witness may have panicked under the circumstances. Danger makes people unreliable. Mistaken identity can also occur due to impaired senses. It is not uncommon for people to falsely accuse someone of a crime they did not commit. Such people usually have a personal vendetta against the accused.
There are 2 possibilities if you are wrongfully accused. First, the crime happened but was committed by someone else. In such a case, an alibi or mistaken identity can get you off. Secondly, the victim could be lying or exaggerating the facts to get you convicted. Perjury is illegal, and the accuser can face jail time. You can also sue them for defamation, libel, slander or malicious prosecution.
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