CRIMINAL DEFENSE ATTORNEY FOR CHILD SEX CASES
The State of Texas has afforded special protections to children who allege sexual misconduct by an adult. What may usually be inadmissible during trial becomes admissible because of the age of the complaining witness. These allegations can be tarnish a good reputation and result in severe punishments if convicted at trial. To combat the prosecutions upper hand in these kinds of cases, a defense team of lawyers, investigators, and scientific experts are needed to overcome the hurdles ahead.
At trial, the ability to cross-examine witnesses and discredit what the prosecution will present as science is critical. These cases hinge on the testimony of the prosecution's experts, testimony of the complaining witness, and testimony of an "outcry" witness. An outcry witness is the first person the complaining witness told about the alleged offense and is determined before trial. If you have been accused of a sex crime against a child, call our office at (281) 868-8352 so we can get to work.
WHAT ARE CHILD SEX CASES IN TEXAS?
Child sex cases are among the most prosecuted offenses in Texas and are perhaps the most stigmatized charge in the Penal Code. Additionally, jurors are more likely to enter trial with inherent bias just by hearing the alleged offense. Examples of child sex cases include:
- Indecency with a child by contact
- Indecency with a child by exposure
- Sexual assault of a child
- Aggravated sexual assault of a child
- Super aggravated sexual assault of a child
- Continuous sexual abuse of a child
HOW TO DEFEND A CHILD SEX CASE
Because these kinds of cases are so complex, those accused of these offenses must be patient. Time is our best asset when determining the best way to move forward with a case. As time moves on, evidence is lost, witnesses change their story, and the circumstances of a case change. There are a number of ways to formulate a defense, usually that begins with who the complaining witness told first about the alleged incident-- the "outcry witness".
What is an Outcry Wtiness?
Generally, statements made outside of court used to prove the truth are deemed hearsay and are inadmissible in court unless the opposing party provides a valid exception. This rule against hearsay is negated in some type of crimes, including some offenses against children. Section 38.072 of the Texas Code of Criminal Procedure provides the applicable rule. It states that if a sexual offense was committed against a child under the age of 14, the first person 18 years of age or older to whom the child made a statement about the offense may testify as to what she was told.
Conducting an Investigation
Our investigation begins the moment you call our office and hire us as the attorney of record for your case. Investigating these kinds of cases may involve retrieving school records and medical records, interviewing family members and witnesses, visiting the scene of the alleged incident, and more. Our in-house investigation team is dedicated to your defense and understands the magnitude of importance that comes with being a part of your team.
- Actual innocence
- Identity issues
- Age difference between the accused and the complaining witness
- Lack of evidence
- Complaining witness' motive to lie
If you have been charged with sexually related crime involving a child, call our office at 281-868-8352. We must start our investigation as soon as possible and get to work to defend you in court. We are equipped to handle even the most complex of cases and can counsel you on the best way to move forward. We are dedicated to fighting your you and will ensure that you have the best possible defense for your case. Call our office at (281) 868-8352