The Legal Process of a Sexual Assault Case in Austin

Being the victim of sexual assault is one of the most traumatic and painful experiences you could endure in life. You may not know exactly what to do next when it comes to reporting the incident, seeking civil damages, or pursuing criminal charges. You may be feeling isolated, confused, and humiliated. It is understandable to feel disoriented. An experienced sexual assault lawyer from Campos Law Group can help you pursue a legal claim and seek justice.

Understanding the legal process of a sexual assault case in Austin can be greatly beneficial to your case. Essentially, your case begins with a police investigation after you make the initial report. Going through this without a lawyer by your side can be immeasurably painful. A good lawyer can ensure nobody tries to take further advantage of you and that your interests are consistently protected. The right lawyer can make all the difference in a case like this.

What Is the Statute of Limitations on Sexual Assault Civil Charges in Texas?

Unfortunately, there is a statute of limitations regarding civil charges in a sexual assault case in Texas. Generally, the statute of limitations for filing such a case in Texas is dependent on the age of the victim at the time of the incident. For adult victims, the statute of limitations is five years from the date of the offense. For child victims under 18 years old, the statute of limitations is 30 years. Furthermore, the count does not start until the victim turns 18.

That means you will have five or 30 years, depending on the details of your case, to establish grounds for your claim, build a substantial case, gather all the evidence you need, consult with a sexual assault lawyer, and ultimately file a claim for compensatory damages. If you do not file your claim before the statute of limitations expires, your case may be dismissed, and you may lose the opportunity to pursue compensation. Your fight for compensation may end there.

Building a strong sexual assault case for civil damages may not be easy. Gathering evidence can be difficult, especially if the incident happened a long time ago. You should start building your case as soon as you can. If you are concerned that your case may not be strong enough, you should consider reaching out to a lawyer for a brief consultation.

How Can I Prove Sexual Assault in Texas?

Proving sexual assault in Texas on your own can be overwhelming. In order to secure a criminal conviction against your assailant, the prosecuting attorney needs to be able to prove the defendant’s guilt beyond a reasonable doubt. That may not always be easy. All their defense team needs to do is introduce the possibility of reasonable doubt into their case. It is crucial to have a seasoned sexual assault lawyer advocating for you with a track record of success with this type of crime.

You will need to prove that the sexual contact that took place was nonconsensual. You may even need to prove that you lacked the ability to consent if you were a minor, intoxicated, or mentally unfit, if that applies to your case. Evidence that proves sexual assault can include:

• Video footage
• Audio recordings
• Medical records
• Witness testimony
• Forensic evidence
• Social media posts
• Your own testimony

What Is the Romeo and Juliet Law in Texas?

In Texas, the so-called Romeo and Juliet Law exists as a way to shield certain individuals from sex crime charges that might negatively impact their future. Specifically, this law prevents certain people from being charged with indecency with a child if one party is under 17 or 18 years old. This law applies only when both individuals are in a consensual relationship, are at least 14 years old, and the age difference does not exceed three years.

This is an affirmative defense, which means that in order for it to be used as a valid defense, it needs to be raised by the defendant in court as a valid reason to dismiss the charges against them. There are some exceptions to the law. For example, if one of the partners is a registered sex offender, this defense will not be suitable. This law is significantly complex for a reason and has very specific requirements to be used as an adequate defense.

What Is the Legal Process of a Sexual Assault Case in Texas?

A sexual assault case in Texas generally begins with reporting the incident and the subsequent investigation by the police. From there, the case goes through the various legal steps needed to ensure the defendant is treated with due process. Here is a layout of the legal process for a sexual assault case in Texas:

Reporting and Investigating

After you report the incident to the proper authorities, that will initiate the criminal justice process. The police will then conduct an investigation by gathering evidence, interviewing potential witnesses, conducting a forensic exam on the victim, and narrowing down a list of possible suspects.

Arresting the Suspect

Making an arrest can be one of the most difficult parts of the overall process. If the victim personally knows the perpetrator and can act as a key witness, making an arrest can be far simpler. Unfortunately, in many cases of sexual assault, the perpetrator is unknown to the victim. They may have worn a mask and gloves to avoid incrimination. If that were the case, the police would have to rely almost solely on forensic and physical evidence left at the scene.

Once an arrest is made, the accused will be booked and possibly held pending a bail hearing. They will likely hire a criminal defense lawyer to preside over their case and start building a defense of their own.

Arraignment

At the accused’s arraignment, they will be formally charged with a crime, and bail will be assessed. If the defendant is deemed a flight risk, they may be held without bail. If they do not hire their own criminal defense lawyer to help with their case, one will be assigned to them by the court. This appointed attorney is known as a public defender.

Pre-Trial Motions

Before the trial begins, the defense will likely attempt to file a number of pre-trial motions to try and aid their case. Some of the most common pre-trial motions include:

• Motion to Dismiss: This motion argues that the charges against the defendant should be dismissed outright. The defense may argue a lack of sufficient evidence, a violation of constitutional rights, or other legal issues unique to the case at hand.

• Motion to Suppress: This motion seeks to exclude certain evidence from the trial entirely. The usual argument is that certain evidence was obtained illegally through an unlawful search or without a warrant.

• Motion for Discovery: This motion seeks to get information from the opposing counsel that may be relevant to the trial. This includes documents, witness statements, and relevant evidence that the defense does not currently have access to.

Plea Bargaining

A plea bargain is an agreement reached between the prosecutor and the defendant in which the defendant pleads guilty to some or all charges in exchange for concessions. Generally, these concessions are a lesser sentence, fewer charges, or no jail time at all.

A plea bargain avoids a trial entirely and is often used in situations where the prosecution is concerned that their case isn’t strong enough to secure a victory. This way, the defendant avoids the uncertainty of a trial, and the prosecution secures a conviction.

Trial

If the prosecution does not offer a plea bargain or the defendant refuses to accept one, the case will go to trial. Trials are often unpredictable and could result in a less-than-favorable outcome for either side. In a trial, both sides present the facts of their case to a judge or jury. Trials can take a long time to finalize, depending on the amount of evidence being presented. Once finished, the jury deliberates and reaches a verdict of guilty or not guilty.

Sentencing

If the defendant is found guilty, they will be sentenced. Sexual assault is considered a second-degree felony in Texas. That carries a possible prison sentence of up to 20 years and a maximum fine of $10,000. Aggravated sexual assault can result in a potential life sentence. Sentencing will depend entirely on whether the judge wants the defendant to face the maximum consequences for their crime.

Reach Out to Campos Law Group Today

Having someone by your side as you deal with the legal fallout of a sexual assault case can make all the difference. An experienced lawyer from Campos Law Group can help you make a plan to seek civil compensation and/or criminal charges for what happened to you. At Campos Law Group, we understand what you are going through, and we are here to help. Give us a call at 512-233-6947 or contact us online to discuss your case in a free consultation.