Were you part of a sex crime and have questions about what to do after being charged with a sex crime? Contact our San Antonio lawyers today.
1) Intoxication is Not a Defense to Sex Crimes
In Texas, intoxication is not a defense to sex crimes. People have to be very careful to not allege that they were intoxicated, that they don’t remember the offenses, or both the parties were intoxicated. That can be used against you.
Think of how it comes out. If it comes down to discussion of who to believe, the complainant or the defendant, if the defendant has stated that he was intoxicated and doesn’t remember the offense, it’s very hard to defend that type of case.
2) Sexual Assault
In Texas, it’s really important to know that sexual assault is one of the most serious crimes. One of the reasons is because if you’re convicted of this offense, you’ll have to report as a sex offender for your whole life. Very often, these cases are defendable because it’s an issue of consent.
It’s really important to talk to a lawyer first. Some people are under the misconception that intoxication is a defense. If you go talk to an officer and say, “Well, I was intoxicated; both of us were intoxicated,” that’s not a defense. You have to be careful when you talk to somebody about this offense, and it’s advisable not to talk to anybody about it until you talk to a lawyer.
3) Failure to Register as a Sex Offender
In Texas, failing to register as a sex offender, in all cases, will be a felony. The degree of felony will depend on what the underlying offense was that made you have to register. For instance, if you’re registering because you’ve been charged and convicted for a second indecent exposure, that’s the lowest type of offense for which you have to register. For that, it’s a state jail felony. If you are registering because of possession of child pornography, or you’re registering because of some sort of sexual assault, in those cases it’s a much higher degree offense.
In all cases, it’s a felony and you need to take that seriously. I’ve been able to resolve those cases with a dismissal, just because the person made a mistake like they reported late, or they didn’t understand the reporting requirements. Even though you may have technically committed the offense, in some cases the prosecutor will give someone some leeway if, in fact, there’s an explanation for not reporting.
4) Sex Offenders’ Residency Restrictions
If you are charged and convicted of a sex offense that requires registration as a sex offender, a lot of restrictions will immediately happen. They’ll affect where you can live, where you can socialize, and where you can travel. The traveling is a problem because if you travel and you’re away for a sufficient amount of time, you have to go to that particular police station and register. They’ll say you can’t live within a certain number of feet of a school and you can’t live within a certain number of feet of where children congregate. For that reason, we really try to avoid any offense where you have to register as a sex offender.
Were you or a loved one part of a sex crime and have questions about what to do after being charged with a sex crime? Contact a San Antonio sex crime lawyer at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
Like us on Facebook