Sexual Abuse Defense Lawyer in Pearland, Texas
If you or a loved one is accused of sexual abuse in Texas, it is critical to get legal representation. A sexual abuse conviction can result in, not just heavy jail terms, community service, rehabilitation, and fines, but it can also have long-term consequences in your life.
Those convicted of sexual abuse or child sexual abuse will be obligated to register as sex offenders for the rest of their lives, in some cases. The information in the sex offender registry is freely accessible to the general public, and it can lead to exclusion from the community and trouble finding work.
Even a false charge of sexual assault can result in convictions and lengthy court battles. We can intervene, walk you through your rights, and help you get through this tough time at Scott M. Brown & Associates. Contact our sexual abuse defense lawyer for legal advice.
What is the Difference Between Sexual Abuse and a Sexual Assault?
Sexual assault and sexual abuse are two separate crimes. The fundamental distinctions between the two usually revolve around the victim’s age and the circumstances of the abuser-victim relationship.
Sexual Abuse
While there are few precise legal definitions of sexual abuse, it has evolved to denote sexual offenses that are either ongoing or cause bodily or emotional discomfort or anguish. This crime frequently occurs when one person has more authority than the other, such as between an adult and a child or an adult and an older person. Abuse may be recorded as a result of human trafficking.
Sexual abuse may include the following:
Exposing Oneself to a Minor
An adult who purposefully exposes themselves to a minor, particularly in a provocative manner, is committing sexual abuse against the juvenile. A person who masturbates or sexually touches themselves in front of a minor constitutes sexual abuse. By exposing oneself to youngsters, both men and women are liable for sexual abuse. When a kid has a glimpse of an adult’s genitals by accident, on the other hand, does not constitute sexual abuse.
Sexual Contact (Fondling and Intercourse)
Sexual abuse includes sexual interaction with a child, from fondling to direct sexual intercourse. When an adult commits sexual contact with a kid, the youngster is considered sexually abused.
Obscene Messaging
Because of the advancement in digital technology as well as the availability of gadgets, it is now easier for abusers to contact their victims. Sexual abuse is defined as obscene communications on social media, text, video messaging, or email. Often, these communications start innocently enough, with an adult guy sending a youngster a snapshot of his genitals. For a child, these signals can cause severe psychological distress.
Sex Trafficking
Human trafficking can result in heinous sex abuse. Children make up the bulk of human trafficking victims, and most of them are pushed into the sex trade. Many children suffer long-term psychological consequences due to their involvement in the sex trade.
Pornography
Child pornography harms a child when it is being recorded. Further harm is done when other individuals see the content. The FBI is working hard to track down and prosecute child pornographers.
Sexual Assault
The Department of Justice defines sexual assault as “any sexual contact or activity that happens without the other’s explicit permission.” For example, sexual assault occurs when someone performs a sex act on you without your consent. It may be intentional or spontaneous, aggressive or nonviolent.
Sexual assault may also include:
Forced Sexual Contact
Forced sexual contact can entail rape, but it can also include the victim being forcefully subjected to unwanted rectal or genital touch. Forcing a victim to perform sexual actions on the abuser is also considered forced sexual contact. Due to the abuser’s perceived power over them, many victims of forced sexual contact believe they do not have the capacity or right to say no, even when the abuser does not physically force the victim.
Unwanted Fondling or Touching
Uwanted grabbing, fondling, or touching happens when an abuser grabs or touches the victim without their consent, generally around the breasts or genitals. This form of touching can take place in any setting. In reality, many individuals may be subjected to unwanted fondling in the workplace or school.
Some victims are repeatedly subjected to this form of attack because they are afraid to speak out about the abuser’s bad conduct or because they are so scared that they, rather than the abuser, will be held responsible.
Rape
While the terms rape and sexual assault are frequently interchanged, this is not always the case. Sexual assault is a broad term that refers to various unwelcome unlawful sexual activities. Rape is defined as direct penetration, including oral, genital, and rectal penetration. Any degree of penetration, even mild or minor penetration, carried out without the victim’s permission as a purposeful act, is considered rape.
The FBI’s definition of rape has been modified in 2012 to encompass any penetration without permission, no matter how little. Furthermore, the legislation is gender-neutral, meaning that anybody can be a rape victim.
When an abuser forces penetration on a victim during a date, it is known as date rape. Date rape happens when the victim does not feel secure saying no or when the victim cannot provide permission due to alcohol or intoxication. Sexual assault can take many forms, including sexual contact with a victim who cannot provide consent.
What Are Common Defense Strategies When Charged With a Sexual Abuse?
Texas is harsh on sex offenses, especially when minors are involved. Being accused of sexual abuse may be a life-changing experience. You may be convicted if you’re unjustly accused of sexual abuse, and the physical proof is shaky or non-existent.
Your name will be added to the public registry of registered sex offenders for the rest of your life once you have served your sentence. You will have fewer alternatives for a job and it will also be challenging to look for a place to live. You will suffer from someone else’s false and malicious falsehoods if you do not have an aggressive, experienced sexual abuse defense lawyer on your side.
If you’ve been accused of sexual abuse, you should get an experienced Houston sexual abuse defense lawyer as soon as possible. Sadly, many wrongfully accused people are subsequently found guilty of heinous crimes.
A skilled sexual abuse defense lawyer understands how to defend your constitutional rights. Because each sex crime case is unique, it’s critical for an experienced defense attorney to thoroughly research and evaluate each statement, action, and circumstance related to the accuser(s).
Sex Abuse Accusers
It’s tough to think that someone will falsely accuse another of sexual abuse, yet it happens. Examining the accuser’s motivation is one of the essential elements in constructing a successful defense.
Our skilled sexual abuse defense lawyer consults with experts and uses investigative tools to unearth relevant information that reveals the accuser’s intent. An accuser’s reasons may include the following:
Custody Disputes
In a custody battle, a parent who seeks full custody of a minor kid may accuse the other parent of sex-related criminal activity. The accuser’s claims may sway judges, mediators, and therapists. Unfortunately, most caring parents never cross this threshold. When one spouse accuses the other of sexual abuse, the accused spouse’s parental rights may be revoked, and the family unit’s fabric may be destroyed.
Divorce
To gain an advantage in a divorce, a spouse may claim that sexual abuse has happened. They may file a temporary restraining order against you with the court. You won’t be able to come home to acquire clothing or personal belongings if the court grants the restraining order. You will not be able to communicate with your spouse or children. You will lose your right to possess weapons if you break the protection order.
Financial Matters
An accusation of sexually improper behavior may be used to extort money from an innocent defendant. Celebrities, employers, would-be lovers, and prior intimate connections may be fair game for the dishonest person looking for a financial benefit.
Consensual Sex Cover-Ups
When a person tries to keep a sex act hidden from adults, they may accuse another of sexual abuse. They may see the charge as a way of defending their reputation.
Teen Accusers
Teens may be old enough to understand that their allegations have the potential to influence adults, but they may be unaware of the harm their charges do to others. The child may falsely allege sexual abuse out of rage, resentment, or retaliation. In other cases, teenagers may believe they are sexually abused by social workers, psychologists, teachers, or other adults.
Teens may not realize the long-term consequences of making a sexual offense allegation. If the youngster tries to retract the sex abuse charge, the law may conclude that they are in denial. The teen’s claim may lead to the participation of the police or child protective services. They may end up in foster care.
Sex Abuse Evidence
If you are convicted of sexual abuse in Texas, you will face a severe penalty. You should contact our experienced sexual abuse defense attorney as soon as possible. If the evidence has been obtained unlawfully, your attorney must take steps to suppress the questionable evidence. In Texas, different suppression rules depend on the sex offense the offender is accused of committing
For example, the police may inappropriately collect computer information and documents. This unlawfully gathered material cannot be used against you if police enforcement does not follow strict search and seizure legal requirements. Even though there are just a few instances in which evidence may be suppressed in a sexual abuse case, our competent sexual abuse defense lawyer will file a request to protect your constitutional rights.
Investigators’ leading inquiries may contaminate evidence in a sex assault case involving a minor. Suggestions and questions can lead children astray. A skilled sex crimes lawyer understands how to discredit and dismiss this damaging testimony.
Suggestions and inquiries from a parent, therapist, police officer, or teacher may lead to children being led. Many youngsters want to satisfy the adult who is asking the inquiry. Others create a fake recollection of an incident that never occurred. Our experienced sexual abuse defense lawyer can spot corrupted evidence and contest it.
Sex Abuse Defense
Our sexual abuse defense lawyer will meticulously gather evidence and build a strong argument for the client. When accused of sexual abuse, some typical defense methods include the following:
Innocence
The defendant’s primary defense in a sex-related criminal prosecution is their innocence. They may claim an alibi, such as being somewhere else at the time of the alleged sexual abuse. To mount a successful defense, the accused must produce enough convincing evidence to establish that they were not there when the crime was committed.
Let’s pretend that on March 28th, while visiting Houston, Texas, Jack is accused of sexual abuse. He shows the court documentation of his presence in New York City on that day, such as plane tickets, hotel receipts, and credit card bills. He also provides testimony from several people who corroborate his claims.
Mistaken Identity
A defendant may also claim that the accuser was mistaken about their identity. The defendant must give evidence to support the allegation, just as he did in the alibi presentation. DNA evidence from blood, sperm, skin, hair, and nails, for example, can be used to determine if the defendant was the culprit at the crime site.
Why Should You Hire Our Skilled Texas Sexual Abuse Defense Lawyer?
If you have been accused of sexual abuse, you must promptly retain the services of an experienced defense attorney. A conviction for a sexual crime may have a lasting and negative influence on your life.
Not just any lawyer will do. You need our sexual abuse defense lawyer, who has a track record of assisting others in similar situations to yours. There are numerous landmines in this field of criminal defense, so you need an experienced attorney on your side.
If you are facing a sexual abuse charge, here are some reasons why you should contact our sexual abuse defense lawyer.
Reputational Damage
If ou’ve been charged with sexual abuse, rape, indecent behavior, or other sex-related charges, you’ll need a lawyer specializing in sexual abuse defense. A qualified lawyer can assist you in negotiating with the prosecution to lower or dismiss the charges.
Our sexual abuse defense attorney understands the harm that a person accused of sexual abuse or a related offense may suffer. Even if proven not guilty, a person’s reputation may be permanently tarnished, taking years, if not decades, to clear.
You must be able to address the legal implications of your case with your lawyer and how to possibly control and manage the public relations fallout that may result from these charges.
Incendiary Trial
These trials appear to attract a lot of community and media interest due to the nature of sexual assault cases. There is a lot of shady press coverage of juicy details.
Anyone who takes part in a sexual abuse trial may expect to be asked many difficult questions. You can be questioned in depth about the incident. You may also be asked questions about your prior sexual history and other sensitive matters.
When you hire our sexual abuse defense lawyer, we will prepare you for any deposition or court testimony you may be required to provide. We’ll explain what to expect and how to respond to these queries. We may offer advice on how to remain calm while on the stand.
Our sexual abuse defense lawyer will also advise you on how to behave during the trial, in front of the court, and with your accuser. When words or charges are made out of limits, we will protect your interests and speak up on your behalf. You don’t want to be on your own in the courtroom. You’ll need a strong advocate on your side.
Strict Penalties
You will face severe repercussions if you are convicted of a sex offense. Sexual abuse in Texas is punishable by a jail term of 10 to 20 years. Aggravated assault entails a sentence of five to 99 years in prison. This more severe charge can be applied to anyone accused of committing sex offenses against minors.
Other than rape, you’ll face harsh consequences if you commit a sex offense such as indecent exposure, intrusive recording, electronic communication of sexually explicit content, and voyeurism. Depending on the circumstances and your criminal history, convictions for these offenses may result in jail terms, fines, etc.
Groping has just been made a felony. Our experienced sexual abuse defense lawyer will know how to lessen the severity of these penalties. Your background may play a significant influence. If you have committed a single blunder as a teenager, our skilled attorney may be able to negotiate a lower sentence for you.
Sex Crime Registry
The sex crime registry is one of the most onerous penalties imposed on people convicted of sexual abuse. In Texas, specific sex offense sentences include a need to register for the rest of one’s life.
Sexual offenders must register with local law enforcement under Chapter 62 of the Texas Code of Criminal Procedure. Your name, address, photograph, and the nature of your offense are all made public. If you don’t follow the rules, your probation will be terminated, and you’ll be arrested.
Some offenses need registration for a shorter period, although it can still be as long as 10 years. This term begins once you have completed any prison sentence. Being on the sex offender registry may make it challenging to get work, purchase or rent a property, or see your children.
To escape the potentially life-altering repercussions of being placed on this list, you’ll need our experienced sexual abuse defense lawyer to assist you in bargaining with prosecutors.
Possible Civil Liability
You will not only risk criminal prosecution if you are accused of sexual abuse. The individual who accused you may potentially file a civil lawsuit against you. A criminal conviction can help bolster a civil action, but it is not required. Your accuser may pursue you for financial compensation even if you are found not guilty in criminal court.
Speak with our experienced sexual abuse defense lawyer about how you may be able to protect yourself against a lawsuit like this. Many accusers may sue their claimed assailants for large sums of money to compensate for their mental pain.
Academic and Professional Impact
If you are enrolled in higher education and are accused of sexual abuse, you may be expelled or suspended. A sex offense conviction on your record may hinder you from fulfilling your professional ambitions, whether you’re looking for a job or trying to pass a professional test.
Our sexual abuse defense lawyer can help you reduce the consequences of sex crime allegations and convictions so that your entire future is not damaged.
Getting Charges Reduced or Dropped
Our experienced sexual abuse defense lawyer can work with the court and the district attorney’s office to have charges dismissed or reduced. We may even be able to negotiate a charge that eliminates the sex crimes registry’s possibilities, which will make a significant impact on how you deal with this situation.
You will need the support of a skilled sexual abuse defense attorney to poke holes in your accuser’s evidence, contest the state’s facts, and provide mitigating factors that may benefit you.
Defend Yourself Against Sexual Abuse Charges
Contact our Texas sexual abuse defense lawyer if you have been accused of sexual abuse. We have successfully defended innocent people against bogus abuse claims for many years. We are experienced litigators who meticulously examine the evidence and uncover the underlying intentions behind each case.
Using the most excellent specialists, we expose the dubious memory methods and ineffective coaching frequently used on children. We also have a lot of experience defending individuals accused of domestic violence by enraged spouses to obtain power in divorce and custody disputes.
In several instances across Texas, we have secured not-guilty judgments and charge dismissals. We are committed to defending your rights and providing you with excellent legal counsel. Do not hesitate to get in touch with us right away for a case evaluation.
