What is Required to Prove Sexual Assault?

 Posted on October 11, 2023 in Criminal Defense

Sexual assault accusations can carry with them many future complications for the accused. Even without evidence, a simple accusation can mar a person’s reputation for life. In Texas, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the accused committed the act. A good criminal defense attorney with experience in sex crimes can provide the defense you would need to fight the charges.

The Meaning of Consent in Texas

Any sexual acts committed in the state of Texas require the consent of both parties involved. Consent is the approval or agreement to commit a sexual act or acts. Without consent, what would normally be considered an acceptable act may now be considered a crime. Being able to distinguish between apparent consent and a lack of consent is important for avoiding legal trouble altogether.

The Age of Consent in Texas

17 years of age is the magical number for giving legal consent in the state of Texas. So, sex with anyone falling under this age limit is normally considered a crime. Though not expressly labeled as such, Texas does have provisions that include what most states call “Romeo and Juliet” laws. A person of 14 years of age can engage in sexual activity with another person who is between the ages of 14 and 17. Any sexual activity with a person under the age of 14 years old is automatically considered a sex crime.

Evidence in a Sexual Assault Case

The most notable piece of evidence in any sexual assault case is DNA. However, DNA may not always be present. The prosecution may need to rely on other forms of evidence, such as:

• Physical injuries
• Toxicology reports
• Digital evidence (text messages, emails)
• Other fluids like saliva
• Trace and impression evidence
• Witness testimony
• Audio and video recordings, if possible

My Accuser is Claiming Sexual Assault Occurred in the Past

Prosecuting a sex crime takes a lot of effort and supporting evidence. Someone coming forward to accuse you of sexual assault after a long period will be facing an uphill battle. The statute of limitations on sexual assault varies in Texas depending on whether the victim was an adult or child at the time the crime occurred. However, if the perpetrator’s identity remains unknown to the accuser, there is no statute of limitations. The accuser must then file a “John Doe” lawsuit. Once the accuser uncovers the identity of the proposed perpetrator, they will have 30 days to amend the lawsuit with the perpetrator’s name.

Contact a Parker County, TX Sex Crimes Lawyer

Being accused of a sex crime is a despicable act that requires immediate legal help. A skilled and empathetic Weatherford, TX sex crime defense attorney can assist you in your case. Soraya Joslin, P.C. is ready to defend you in a court of law. Contact the office at 817-599-7005 to set up a free consultation to discuss your options and how best to handle the situation moving forward.