Texas takes sex crime allegations very seriously, and these cases often involve comprehensive investigations. This investigation process can be overwhelming for those accused of a crime, but understanding how the investigation works is crucial for preparing a robust defense.
If you are facing sex crime charges, it’s important to begin working with an experienced criminal defense attorney as soon as possible. Your attorney can help protect your rights throughout the investigation and give you the best odds of beating the charges.
What Is a Sex Crime Investigation?
A sex crime investigation is the process law enforcement uses to gather evidence to determine whether a crime was committed and who may be responsible. In some cases, police have a suspect from the start, such as when an alleged victim names their alleged assailant. However, in other cases, the police must start the investigation from scratch.
Some of the sex offenses Texas police investigate include sexual assault, child pornography, indecent exposure, and sexual coercion. These crimes often come with severe penalties, including lengthy prison sentences, hefty fines, and mandatory sex offender registration.
How Does the Justice System Handle Sex Crime Allegations
After sex crime allegations are made, local or state police may get involved in the investigation, depending on the scope of the alleged crime. In some cases, such as those involving crossing state borders, federal agencies may participate in the investigation. Federal agencies tend to bring far more resources into an investigation than state or local police can access.
Prosecutors also take these crimes seriously and may pursue charges even with limited evidence. Unlike some other types of crimes, there isn’t always a large amount of evidence available for prosecutors to work with in sex crime cases.
However, prosecutors often have lengthy periods within which they can bring charges for sex crimes under the Texas statute of limitations. For example, sexual assault involving a child has no limitation on when prosecutors can bring charges.
Steps in the Sex Crime Investigation Process
The sex crime investigation process in Texas involves several key steps:
- Initial Report: The process begins with the initial report, which may come from the victim, a third party, or a mandated reporter like a teacher.
- Preliminary Investigation: Police then interview the person who reported the crime, the alleged victim, and other witnesses. They may also interview the accused at this stage.
- Forensic Examination: In cases involving physical contact, the alleged victim may undergo a forensic medical examination for the collection of DNA samples.
- Digital Evidence Collection: Police may also look at digital communication between the alleged victim and the accused and examine public social media accounts.
- Search Warrants: Police must get a search warrant to collect further evidence from the accused. Depending on the warrant’s scope, they may be able to search the accused’s home or their electronic devices.
Once the police have enough evidence to believe a crime occurred, they may arrest the accused and refer the case to prosecutors. It’s the prosecutors who decide whether or not to press charges. And in cases involving felony charges, a grand jury must review the evidence before a suspect can be indicted.
Challenges in Sex Crime Investigations
Sex crime investigations face a few challenges that defense attorneys may be able to capitalize on. One of the primary challenges is a lack of physical evidence in some cases. Sex crime cases often rely on witness testimony, which can be unreliable or come from witnesses who lack credibility.
Many alleged victims also delay reporting sex crimes, making it harder for investigators to gather physical evidence that may have existed at the time the crime was committed. Depending on how long ago the alleged incident occurred, there may not be much evidence remaining.
However, those accused of sex crimes face challenges of their own. False accusations can upend a person’s life, not only by forcing them to go through the legal process but also by branding them with the social stigma of a sex offense accusation. And it can sometimes be challenging to find potential jurors sympathetic to someone accused of these crimes.
Possible Defenses Against Sex Crime Allegations
Depending on the evidence collected during the investigation, one or several possible defenses may be available to you. Some of the most common defenses include:
- Consent: You may be able to argue that the alleged sexual contact was consensual if you have evidence, such as digital communications, that shows this to be the case.
- Alibi: You may be able to show that you were somewhere else when the alleged incident occurred.
- False Allegations: You may be able to discredit your accuser and demonstrate that their accusations are false.
- Lack of Evidence: You may be able to show that the prosecution lacks sufficient evidence for a conviction.
- Mistaken Identity: You may be able to show that you are the victim of mistaken identity, particularly if there is no DNA evidence.
How a Criminal Defense Attorney Can Help
A criminal defense attorney can help throughout your case, from your initial interactions with the police to a potential trial if the case gets that far. However, there are specific ways an attorney can help during the investigation phase of the case.
One of the biggest ways an attorney can assist if you’ve been accused of a sex crime is to make you aware of your rights and help protect them. Your attorney can tell you what to say and what not to say when speaking to investigators, and they can make sure that investigators do everything by the book and don’t violate your rights.
Contact Our Texas Sex Crime Defense Attorneys
If you are facing sex crime charges in Texas, it’s essential that you have an experienced criminal defense attorney in your corner to provide you with a robust defense. Contact Rosenthal Kalabus & Therrian at (972) 369-0577 to speak with a skilled member of our legal team about your case. We’ll review the details, explain the charges and potential penalties, and go through some of the defenses you may be able to use.