Challenging Sexual Assault Allegations

By [http://ezinearticles.com/?expert=Brandon_Hudson]Brandon Hudson
Sexual assault is defined in Texas Penal Code, Title 5 "Offenses Against the Person", Chapter 22 "Assaultive Offenses", Section 22.011 "Sexual Assault". Though some people associate sexual assault with sexual abuse, which is actually somewhat of a lesser offense that may include molestation or inappropriate touching, sexual assault is defined in Texas Penal Code as engaging in sexual intercourse (including penetration) with another person in the following circumstances:
By force, threats or violence;
By coercion or fraud;
When the victim is unconscious or physically or mentally incapacitated; or
When the victim is a child under the age of 17 (a child is unable to legally give consent to sexual intercourse with an adult because he or she is below the age of consent).

The penalties for sexual assault will vary depending on the specific nature of the offense as well as the age of the alleged victim and perpetrator. The criminal history, if any, of the defendant may also play a role in the potential sentence that a defendant faces.
Many sexual assault cases are of the "he said - she said" variety. Most sexual assaults consist of an allegation by a complainant only, with no eyewitness or corroborating evidence. Most people believe that such an allegation must be true. After all, why would someone ever make up such a thing?
People do make up false charges and the motives can be easily detected or hidden deep within the mind of the accuser. Sometimes the obvious examples are jealousy, revenge, attention, and divorce. Sometimes, no motive is apparent. Such allegations can be made by adults or by children. Children's motives are wide-ranging and can be difficult to ever uncover without a proper investigation. A child may have been subject to influence by an older person with a motive or a well-meaning child advocacy center that has influenced the child by poor investigative procedure. Or it may be based on something the child has seen, heard, or experienced somewhere else.
To properly prove that a person has been wrongfully accused, the lawyer must possess good cross-examination and trial skills, a thorough investigation must be completed quickly, all witnesses interviewed and medical records evaluated. The lawyer should be able to walk into the courtroom with the confidence that he or she knows the case inside out and better than anyone else in that courtroom.
Case preparation will look for inconsistencies within the testimony of a witness, inconsistencies between two separate pieces of evidence and lack of evidence in the medical examination conducted right after the alleged attack.
We look for evidence regarding behavior that is questionable in light of the allegations. This type of evidence may relate to behavior before, during, or after the alleged incident. Previous sworn testimony that reveals a lie may be found in CPS reports or doctors notes. Lies may be revealed in what was said in earlier testimony, court proceeding or to investigators. It is very important to scrutinize what was said to the police during the investigation, or what was said to someone else such as another witness, a friend, a relative, or a doctor. The exposed lie is a powerful weapon that can make some cases be dismissed without even having to go to trial.
These are a few examples of the difficulties that often exist in a case where sexual assault is alleged. However, each case is unique and a cookie-cutter approach should never be applied when building a defense.
Such cases require a criminal defense lawyer that is specialized in criminal law and has handled many sexual assault cases. It is imperative that the attorney and the client work closely together early so an investigation can bring all the relevant facts to light and the best possible defense can be presented and a victory can be achieved.
Daniel & Hudson is a San Antonio law firm comprised of Texas Board-Certified lawyers who specialize in criminal defense. The accomplished legal team has over 40 years of combined experience and have been named "Best Lawyers in San Antonio" for five consecutive years. The attorneys at the firm have an arsenal of tools and experience to use when defending the accused and using these skills, they strive to obtain the best results possible for each and every client they represent. For additional information please visit the firm's website at [http://www.sanantoniocriminaldefenselawfirm.com]http://www.sanantoniocriminaldefenselawfirm.com.
Article Source: [http://EzineArticles.com/?Challenging-Sexual-Assault-Allegations&id=6614725] Challenging Sexual Assault Allegations