By: Mark Diaz
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What to Do If You are Falsely Accused of Sexual Assault in Galveston, TX
Being falsely accused of sexual misconduct is frightening, intimidating and overwhelming. If you are facing false accusations, you need to be ready to take immediate action to protect your rights, reputation and freedom.
Under Texas law (Texas Penal Code § 22.011), sexual assault is usually charged as a second degree felony offense punishable by up to 20 years in prison. In certain circumstances, sexual assault may be charged as a first degree felony.
Here, our Galveston sexual assault defense lawyers explain the most important thing you need to do if you are falsely accused of a sex crime in Southeast Texas.
- Always Take Sex Assault Accusations Seriously
All sex crimes accusations must be taken seriously. When you learn a false accusation has been leveled against you—whether it has been reported to law enforcement or simply shared amongst people socially—it is imperative you protect your rights. There is no such thing as a minor sexual assault charge in Texas. Any accusation has the potential to result in an arrest. If convicted, you will face a lengthy prison sentence.
- Do Not Confront the Accuser
If you have been falsely accused of sexual assault, or any other crime, it is understandable you may want to say something directly to the other party. This is the wrong approach. Do not confront the accuser without legal representation. It could be one of the biggest mistakes you make. Once a false sex crime accusation has been raised, you need professional guidance and support.
- Secure Evidence and Document Your Interactions
In any criminal case, the burden of proof is on the prosecution. To obtain a conviction, the state of Texas must present compelling evidence, which proves the defendant is guilty of the offense in question. At the same time, an accused person should proactively gather and secure evidence that may be relevant to a legal defense. Among other things, this evidence may include text messages, emails, eyewitness testimony and more. Also, defendants should document their interactions with the accuser. Write down what happened from your perspective, such as where you were, who you were with, etc.
- Call a Galveston Sexual Assault Defense Attorney
Defending a sex offense charge is complicated. Texas prosecutors are notoriously aggressive when bringing sexual assault charges. If you were arrested, charged with a crime, or you are concerned you may be charged soon, you need an experienced attorney on your side. Your lawyer will be able to explain your rights, your options and begin preparing a viable legal defense.
Schedule a Free, Strictly Confidential Consultation Today
Mark A. Diaz is an experienced sex crimes defense attorney. If you or your loved one was falsely accused of sexual assault, we are here to protect your rights. To set up a free, completely private consultation, please contact us at (409) 515-6170. With an office in Galveston, we serve communities throughout Southeast Texas.