Richardson Sexual Assault Lawyers

In cases where nonconsensual sexual contact has allegedly occurred, a person may be arrested and charged with sexual assault. These offenses are typically classified as felonies, and a person who is convicted could face a prison sentence lasting for up to 20 years for a second-degree offense and up to life for a first-degree offense. Allegations of rape or sexual assault involve events that happened behind closed doors, and there may be no witnesses other than the two people who were involved. The outcome of a case can depend heavily on how carefully the facts are investigated and presented.

At Texas Defense Firm, we provide representation for people in Richardson who have been accused of sexual assault or other sex crimes. We can assist with a case in which charges have already been filed, or we can take steps to protect a client's rights while police are still investigating. Our lawyers have a detailed understanding of the laws that apply in these cases. With more than 200 years of combined legal experience, we can make sure these matters will be handled correctly as we fight to achieve positive results for our clients.

How Sexual Assault Accusations May Arise

Sexual contact may be considered nonconsensual in a wide range of situations. Some cases may involve allegations that a person used force or threats or that the alleged victim was unconscious or unable to resist. Sexual assault accusations can occur in many different circumstances, including:

Encounters Involving Alcohol

One of the most common scenarios in which a person may be accused of sexual assault involves two adults who meet at a bar or party, drink together, and go home together. The next day, one person may have little memory of the night, and they may question whether they were able to consent. The other person may honestly believe that everything that took place was mutual. Cases like these often center on how intoxicated each person was and what each person said and did at the time.

Relationships That End Badly

Accusations of sexual assault may sometimes be made after a breakup, during a divorce, or in the middle of a child custody dispute. A former partner may describe a past encounter as nonconsensual, and charges of sexual assault may be filed years after the alleged event took place.

Age-Based Charges

When a person who was allegedly involved in sexual activities was younger than 17 years old, consent is not a defense against sexual assault charges. A 20-year-old college student who dates a 16-year-old could be charged with sexual assault or a child sex crime, even if the relationship was entirely voluntary.

Campus and Workplace Allegations

Some accusations of sexual assault may be based on events that allegedly took place on college campuses or between employees in the workplace. Complaints to a school's Title IX office could lead to an investigation and criminal charges. Reports made to a company's human resources department may also be passed on to law enforcement, and a person could be arrested for sexual assault. Statements made during investigations by a school or employer can later be shared with police and used in a criminal case.

Mistaken Identity

In cases involving strangers, an accuser may identify the wrong person, especially when the encounter happened in the dark, involved alcohol, or was brief. Eyewitness identifications are not always reliable, and a person may need to determine how to challenge the claims made by witnesses or provide evidence showing that they were in a different location at the time that an offense allegedly took place.

Defense Strategies in Sexual Assault Cases

Our lawyers can help clients determine the best steps to take to defend against accusations of rape or sexual assault. Our strategies may include:

Showing That Consent Was Given

In many sexual assault cases involving adults, consent is the central issue to address. Our team can gather evidence that may show that an encounter was mutual, such as text messages exchanged before and after, social media posts, rideshare receipts, and security camera footage showing how both people behaved.

Exposing False or Exaggerated Allegations

Some accusations of rape may be motivated by anger, jealousy, embarrassment, or a desire for leverage in a custody or divorce case. We will look closely at the accuser's prior statements to police, medical staff, friends, and online contacts. Inconsistencies in their statements can create reasonable doubt about the truth of their accusations.

Challenging Forensic and DNA Evidence

Prosecutors may use the results of an examiner's report or DNA testing as evidence in a sexual assault case. However, DNA evidence may only show that contact occurred, not that it was nonconsensual. When necessary, we can request independent DNA testing and review how samples were collected, stored, and analyzed.

Establishing an Alibi

When the accused person was somewhere else, we can gather evidence showing that they could not have committed the crime in question. This evidence may include phone location data, work records, bank transactions, and testimony from witnesses.

Suppressing Unlawful Evidence

When police investigate accusations of sexual assault, they may try to obtain a confession through a recorded interview or other communications with a suspect. We can look at whether a person's rights were respected during interactions with police. We can also take steps to determine whether searches of a person's phone or home were supported by a valid warrant.

Contact Our Richardson, TX Sexual Assault Attorneys

Sexual assault accusations can be serious, but with a strong defense, a person can take steps to avoid a conviction. At Texas Defense Firm, our attorneys can challenge the evidence in a case, address unlawful police tactics, and fight to have charges dismissed or secure an acquittal. If you are under investigation or have been charged with a sex crime, contact our Richardson, Texas sexual assault defense lawyers at 972-369-0577 and schedule a free consultation.