When you get accused of a sex crime, your reputation, freedom, and career are at stake. Certainly, it can be a life-destroying event. If you get convicted, your name will forever be on the list of sex offenders. Anyone who does a background check on you can find out this information.
Not only will your professional life end, but you may also lose your friends and family. Therefore, it is crucial to hire a Houston sex crime lawyer to understand what you can do. There are a number of defenses your attorney may use to protect you.
Defenses against claims of sex crime
When someone accuses you of a sex crime in Houston, they must present evidence that proves their claims beyond a reasonable doubt. Therefore, the defense of insufficient evidence can be raised when the accuser falls short of evidence and does not prove beyond a reasonable doubt.
The judge does not declare a conviction solely based on the accuser’s statements. They must also prove their claims. You may be able to use this defense if there is no physical evidence of the crime. Additionally, an attorney can conduct an investigation and raise weaknesses in the plaintiff’s case.
Perhaps one of the most common claims in a sex crime case is innocence. If you are not guilty of the crime, your attorney may first use this defense. However, raising this defense is not enough if you do not have evidence, such as an alibi. You may have to prove that you were present at a different location with different people during the alleged incident.
For example, suppose the accuser has stated that the crime took place on the 25th of May at 9 pm. If you can prove that you were with your group of friends at a birthday party during that time on that specific date, you have an alibi.
This is one of the hardest defenses to prove, but not impossible. If the incident did occur, but the plaintiff has given consent, they have no case. A sex crime can only happen when the plaintiff does not give consent. However, remember that consent is impossible to prove in certain cases.
If the victim is a minor, incapacitated, or mentally challenged, they are not capable of giving consent. Even if they do, you should not have engaged in sexual activity with them as it is illegal. Therefore, sexual contact with a child or a mentally ill person is never legal, even with consent.