When you face prosecution for a sex crime in Texas, you may begin to worry about what will happen if your case goes to trial. Knowing what to do when preparing for a sex crime trial and retaining experienced legal counsel to advocate in your defense can provide you with peace of mind.
Understanding the Legal Process
Understanding what happens in a criminal trial on sex charges can make facing criminal prosecution less frightening or stressful. A sex crime trial begins with jury selection, where the parties and the court can question prospective jurors to ensure each jury member can render a fair and impartial result. After empaneling the jury, the parties will present opening arguments, outlining their theories of the case and the evidence they expect to present at trial.
The prosecution gets to present its case first, with the defense entitled to cross-examine prosecution witnesses. After the prosecution rests its case, the defense may present evidence and witnesses; however, because the prosecution bears the sole burden of proof, a defendant does not have to present a case to secure an acquittal. If the defense chooses to present evidence and witnesses, the prosecution may cross-examine defense witnesses. After the defense rests its case, the parties may present closing arguments to summarize the evidence. Finally, the jury (or the judge in a bench trial) will consider the evidence and render a verdict.
Sex Crime Defense Strategies
People facing sex charges in Texas may pursue various defense strategies to challenge the prosecution’s case and seek a dismissal or reduction of their charges or an acquittal at trial. Common defenses in sex cases include:
- Consent – Defendants charged with sex offenses may claim that an alleged victim validly consented to sexual activity with the defendant.
- Fabrication – A defendant may accuse an alleged victim of fabricating their claims, especially when the prosecution’s case lacks evidence proving that sexual activity occurred.
- Lack of Intent – When a sex charge requires the defendant to have acted with a specific level of criminal intent (i.e., willfully, purposely, knowingly, etc.), a defendant may assert that the prosecution’s evidence fails to prove that the defendant had the required intent.
- Mistaken Identity/Alibi – Defendants may challenge the reliability of a victim’s or eyewitness’s identification. Alternatively, defendants can present alibi evidence to prove they were elsewhere when the alleged sex crime occurred.
- Unreliable Forensic Evidence – In cases where prosecutors present DNA, fingerprint, or other forensic evidence to identify the defendant as the perpetrator, the defendant may challenge the forensic testing to undermine the reliability of the evidence.
- Illegal Search/Seizure – Defendants may seek to exclude evidence or statements from the prosecution’s case by asserting that police obtained them through an unlawful search or a custodial interrogation that violated the defendant’s rights.
Steps to Prepare for the Trial
Although facing trial for sex crimes can cause you stress and anxiety, proactively preparing for trial can help you regain peace of mind. Steps to take before a sex crime trial in Texas include:
- Understand Your Charges – Your attorney can help you understand the nature of the charges against you and what the prosecution must prove to secure a conviction. Your lawyer can also explain the potential outcomes of your case, including what sentence you might face if convicted.
- Review the Evidence – Meet with your attorney to review the evidence so you can refresh your memory of the case’s facts.
- Determine Your Defense Strategy – Your lawyer will work with you to determine what strategies to pursue in your defense case based on the facts and evidence and other practical considerations, such as possible adverse consequences of defense strategies such as consent or fabrication defenses.
- Decide Whether to Testify – Your attorney can advise you on the advantages and disadvantages of testifying at trial. You have the right to testify, but you also have the right to refuse to testify, and the jury cannot infer your guilt based on your decision not to testify.
- Know What to Expect in the Courtroom – You can help reduce the anxiety and stress of a criminal trial by preparing yourself for what to expect in the courtroom, including where people will sit, who may be in the courtroom, and the trial process. Your attorney can advise you on dressing and behaving in the courtroom to make the best impression on the judge and jury.
Contact Our Firm Today for Dedicated Legal Advocacy
After getting arrested and charged with a sex crime in Texas, you need a knowledgeable legal advocate who can help you prepare your case for trial to defend your rights, reputation, and future. Call The Law Offices of Mark T. Lassiter and (214) 845-7007 today or contact us online for a confidential consultation with an experienced criminal defense attorney to develop a compelling legal strategy to help you pursue a favorable resolution to your case.
