False accusations of sexual assault and other sex crimes can have devastating consequences for the accused, impacting their personal and professional lives.
If the state of Texas is involved, sexual crime allegations can lead to severe legal penalties. As a professional criminal defense lawyer with experience in sex crime cases in Houston, Harris County, and Brazoria County since 2003, I understand the importance of a strong defense in these situations.
If you’re facing criminal charges related to a sex offense, and you’re looking for a lawyer with experience fighting false sex crime accusations, contact my office today. You can talk with an attorney by calling The Law Offices of Sandra Oballe at 713-524-6566 in Houston, or 979-265-6800 in Angleton & Brazoria County.
During my career, I’ve represented a number of individuals accused of various sex crimes and they’ve often asked how I might defend them. There are several strategies which adhere to Texas legal standards that I might consider which we’ve outlined below.
Challenging the Credibility of the Accuser
Our law firm has many strategies for fighting criminal charges stemming from false sex crime accusations. One of them is challenging the credibility of the accuser.
People lie and make up stories every day.
Then, they’ll call the police on you.
That’s why it’s ideal to investigate the accuser. With the severity of the criminal penalties and prison sentencing associated with convictions in these cases, your life might depend on it.
Investigations of the accuser for your defense may include the following;
- Investigating the accuser’s background. This could include any history of dishonesty, substance abuse, or mental health issues.
- Hiring a licensed Texas private detective to conduct interviews, collect witness statements, and conduct their own investigations.
- Identifying inconsistencies in the accuser’s statements. This could be changes to their account of the alleged incident or discrepancies between their testimony and the physical evidence.
- Exploring possible motives for the false accusation. The charges could stem from a contentious relationship, personal grudge, jealousy, or may be a scheme concocted for financial gain.
Presenting Evidence of Consent
In many sexual assault cases, the issue of consent is central to the defense. If we can present evidence that the accuser consented to the sexual activity in question, we can weaken the prosecution’s case.
Just because the accuser has regret after-the-fact or is attempting to weaponize the legal system using sex as a catalyst doesn’t mean that a crime was committed.
Evidence of this nature could include:
- Text messages, emails, social profile videos, posts & private messages, or other communications indicating consent.
- Witness testimony from individuals who observed the accuser’s behavior before or after the alleged incident.
- Evidence of a consensual relationship between the accused and the accuser.
Was Their Intent To Commit a Crime?
Whether or not the accused party intended to commit a sex crime is also an important facet of these cases. Sometimes, the defense can argue that the accused lacked the requisite intent due to factors such as intoxication, miscommunication, or a genuine belief that consent was given.
Remember, every case is different. Therefore, it’s important to be completely transparent with your legal counsel.
Highlighting Weaknesses in the Prosecution’s Case
Identifying weaknesses in the prosecution’s case is huge priority for a defense attorney. When I’m working on a defense strategy for a client, it’s one of the first avenues we pursue.
This strategy may involve:
- Challenging the admissibility of evidence. DNA & crime scene evidence can have numerous problems based on issues like contamination, chain of custody, and improper handling and storage procedures.
- Questioning the validity of expert witness testimony. In some cases we can demonstrate that the state’s expert lacks qualifications or has a history of bias.
- Pointing out inconsistencies between the prosecution’s theory – and the evidence.
- Pointing out inconsistencies with the accusers statements.
- Pointing out a lack of evidence. (This one is common.)
As your defense attorney, it’s my job to comb through the state’s case to find a way out for you. We didn’t cover all of our strategies but a few common ones that we can sometimes notice in discovery.
The Impact of a Female Attorney in Sex Crime Defense
As a female attorney, I bring a unique perspective to bear for people falsely accused of sexual offenses. My gender may help counter potential biases that some jurors may have about you or the nature of the allegations.
Additionally, my understanding of the sensitive nature of these cases allows me to approach various topics with discretion, while still aggressively advocating for your rights.
Trial Prep and the Potential for Plea Deals
While the goal is always to get charges dismissed in pretrial or to secure an acquittal at trial, we need to have contingency plans – just in case.
Proper preparation includes:
- Developing a strong defense strategy for trial. This might entail selecting expert witnesses, preparing opening and closing statements, and anticipating the prosecution’s arguments.
- A review of the potential benefits and drawbacks of a plea deal. A deal with the District Attorney could mean reduced charges or a lighter sentence, which can be weighed against the risks of going to trial. Even if you’re guilty as charged, this strategy can and does work.
Protecting Your Reputation
False accusations of any type of sex crime can have a terrible impact on your reputation. Situations of this magnitude can drastically impact your ability to move forward with your life and your career options.
To help us protect your reputation, consider the following:
- Avoid discussing your case with anyone other than your attorney. Communications that aren’t protected by law could be used against you.
- Embrace the support of family and friends to help you cope with the emotional toll of being falsely accused.
- Be cautious when using social media. Your posts, social profile updates, photos, stories, or interactions could be used against you (or your character) in court.
- Do not contact the accuser. If they contact you, record the phone call.
Accused of a Sex Offense?
Seek Legal Representation Quickly
If you or a loved one were falsely accused of a sex crime, you’ll need an experienced criminal defense attorney on your side. Preferably, one who understands Texas law and the complexities of defending people with sex crime cases.
I’m Attorney Sandra Oballe. I’ve practiced law in Houston, Harris County, and Brazoria County since 2003. If you talk with of my colleagues or former clients they’ll tell you that my dedication to my clients is unwavering.
As your defense attorney, I’ll work diligently to investigate your case, challenge the credibility of the accuser, and develop a strong defense strategy for your case. Whether negotiating a favorable plea deal or fighting for an acquittal at trial, my goal is to secure the best possible outcome for your case.
Don’t let false accusations of any sex offense destroy your future. Contact my law office today to schedule a consultation so we can discuss your case in detail. Together, we can work to get this matter behind you. To get started, call the Law Offices of Sandra Oballe at 713-524-6566 in Houston, or 979-265-6800 in Angleton & Brazoria County.
