Houston Sex Crime Defense Attorney

While each case is unique and should be handled differently, here are some common defense strategies and approaches for defending against a sex crime charge:

Innocence
One of the most basic and obvious ways to fight a sex crime charge is to establish you did not commit the crime. To prove this, a defense attorney might try to establish that the complainant has no credibility and cannot be trusted, or that the alleged offender was in a different location when the supposed act occurred according to the witness’ testimony. This is known as an "alibi," and it must be supported with credible evidence.

Motive to Lie
Sex crime cases often turn into a "he said, she said" argument. As a result, the accuser’s motivations for charging the defendant with committing a sex crime must be closely examined. Expert witnesses and proper investigation can be used to uncover evidence that may undermine the prosecution’s case. For example, are false child sex abuse allegations being used to take advantage in a child custody dispute, or to retaliate for whatever reason against the defendant? A skilled sex defense attorney examines these and other possible motives.

Tainted Evidence
Often in the case of child sex offenses, the evidence can be "tainted" by biases and misleading interviews. When questioning children, adults often don't realize the suggestive nature of asking loaded questions like, "He touched you here, didn't he?" or "He took bad pictures of you, right?". These questions can lead to false stories of what happened since young children often answer "yes" to make adults happy, which is why unreliable evidence should be closely examined for signs that it is tainted.

Motion to Suppress
Police must obey strict search and seizure laws in order to obtain evidence such as photos, computer records or other files. If they fail to follow the proper procedure, the incriminating evidence may be "suppressed," meaning it cannot used against you in court. The motion to suppress evidence is a constitutional right and an effective defense strategy.

Scientific Evidence
Often, sex crimes lack medical evidence. For example, the child complainant has no vaginal injuries despite claiming the defendant brutally raped her. Further, there is other forensic evidence, such as DNA evidence. A skilled defense attorney knows how to use this lack of evidence to the defendant’s benefit.

Mental Illness
It's also possible for an offender to claim they were mentally incapable or ill at the time of the sex crime. If proved, insanity or mental illness can result in a more lenient sentence from the jury and judge since it can be argued that the defendant had no knowledge or understanding of the criminality of their actions.

Special Rules
In sex cases, special procedural rules apply. These include the rules of evidence, which affect what hearsay is admissible and what other bad acts are admissible. A criminal lawyer needs to know how to handle these rules unique to child sex offenses.

You Want the Best: Contact an Experienced Houston Sex Crime Defense Attorney

If you or a loved one are facing a sex offense charge or are being investigated, it's time to take action by contacting an experienced sex offender defense lawyer to discuss your legal options. Your freedom and reputation are on the line. Time is of the essence, and the sooner we can start working on your case the more time we'll have to prepare a strong defense.