Sexual Assault Defense Lawyers in McAllen, Texas
Sexual assault defense law can be a complex area of the law. When a person presses charges for sexual assault, the individual facing allegations can find his or her reputation ruined, his or her job in jeopardy, and be facing a host of other consequences, including jail time. Sexual assault charges can be complex to litigate from both sides, because what one person may construe as consent, another may not. Because consent isn’t always verbal, there are sometimes gray areas surrounding what does and does not constitute consent.
There are several potential defenses for sexual assault charges. One is when the defendant professes innocence. Sometimes sexual assault victims misidentify their perpetrators. Racial profiling, racial bias, alcohol use, drug use, stress, and a host of other factors can result in misidentification of the wrong perpetrator. Another defense involves consent. If you believe you were engaging in consensual sexual behavior, this could potentially be a valid defense for sexual assault charges. The Tijerina Law Firm, PC is a sexual assault defense law firm in McAllen, Texas that may be able to help you fight your charges. Sexual assault convictions can have major consequences on your life. You could end up on a sex offender registry. You could lose your freedom. Your reputation could be damaged. The Tijerina Law Firm, PC is a sexual assault defense lawyer in McAllen, Texas who may be able to help.
Sexual Assault Defenses: Misidentification of the Perpetrator
One valid defense to sexual assault charges is that you were misidentified as the perpetrator. Racial profiling, racial bias, and many other factors can result in the misidentification of a perpetrator. According to the Innocence Project, eyewitness identification of a perpetrator is often used as compelling evidence in a trial; however, eyewitness identification has also resulted in 175 wrongful convictions which were later overturned using DNA evidence. Another 230 people were exonerated after DNA testing found them innocent. These figures only represent the number of wrongful convictions that were overturned. The Innocence Project notes that the number of people who have been wrongfully convicted is likely far higher than this number. What are some factors that can result in misidentification of a suspect? The Innocence Project notes that race was a factor in 53% of misidentifications
If you are facing sexual assault charges because you were misidentified as a perpetrator or a victim is confusing you for someone else, it is important to understand that you are innocent until proven guilty. The Tijerina Law Firm, PC is a sexual assault defense attorney in McAllen, Texas that may be able to assist you with your case. Our firm can review how you were identified by witnesses or victims and fight to help you defend your innocence.
Sexual Assault Defenses: Issues of Consent
Laws regarding consent can be one of the most complex areas of sexual assault defense law. Essentially, consent is an agreement between two individuals to engage in sexual activity. Because consent isn’t always verbal, this creates a gray area in some instances. What are some important things to know about consent, when it comes to sexual assault defense law?
- Consent at one time in one instance does not construe consent at all times and in all situations. A person might consent to sex on one occasion, but not another.
- Consent can be withdrawn. A person might initially agree to have sex, but then decide they are not comfortable.
If a person has said “no,” then consent has been withdrawn. Kissing alone or flirting does not imply consent. If a person is drunk or is under the influence of drugs or alcohol, issues of consent can also get complicated. While it is never okay to have sex with someone who is passed out, things can get complicated when a person is “blacked out” but is still awake and giving consent. Pressuring someone to have sex can also be considered a breach of consent.
There are certainly cases where consent has not been given and a person violates this boundary. However, in many cases of alleged sexual assault, there may be confusion around consent, or perhaps a person was “black out drunk” and did give consent, but later doesn’t recall this, and there are a range of other factors where consent can be questioned. The Tijerina Law Firm, PC is a sexual assault defense law firm in McAllen, Texas that can review your case, help you understand your possible defense options under the law, and fight for your rights. You are innocent until proven guilty.
Protect Your Innocence
In today’s particularly charged environment, charges of sexual assault are becoming more and more common. If you are facing charges of sexual assault, you may not know where to turn. A person’s whole community can turn against him or her following sexual assault allegations. The Tijerina Law Firm, PC is a sexual assault defense law firm in McAllen, Texas that may be able to assist you with your case if you are facing sexual assault charges.