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Common Defenses for Sex Crimes in Texas

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Texas Sex Crimes Defenses

When a person is accused of a sex crime in Texas, they are entitled to a strong and comprehensive legal defense. When it comes to sex crimes charges, a good legal defense is necessary. These charges are among the most serious that a defendant can face in this state. Charges of sexual assault or other sexually based offenses can lead to extensive legal punishments, as well as public disgrace and loss of jobs or careers.

In many cases, sex crime charges will be based around a few different scenarios. As a result, certain types of legal defense strategies may prove successful when used correctly.

Common Sex Crime Defenses

The exact nature of a legal defense can vary widely based on the type of charge that a defendant is facing. When it comes to preparing a defense against sex crimes charges, the defense must be constructed with consideration of the evidence being used by the prosecution and the claims of the alleged victim. To better understand this type of legal defense, it is helpful to look closely at some of the most common strategies. For example, some of the most commonly charged sex crimes include:

The defenses used in each of these cases may be quite different but they all serve the same purpose: to prove that the defendant is innocent and/or that the alleged victim is not telling the truth. The defense can use evidence and testimony to argue these points.

Sexual Assault Defenses

Sexual assault, also known as rape, is one of the most serious sex crimes in the criminal justice system. In Texas, a person who is convicted of this offense may be sentenced to 20 years in prison. That term can be even longer if the assault included the use of force or violence.

A defense attorney will commonly argue against the claims of the prosecution by pointing out a lack of evidence or a motive by the alleged victim. For example, in a particular sexual assault case, the defense attorney could argue that:

  • The alleged victim had motivation to accuse the defendant
  • There is a lack of physical evidence to link the defendant to the alleged assault

For instance, the defense attorney might point out that the alleged victim had an argument with the defendant and was seeking revenge. The attorney might also claim that the alleged victim made an assault claim to cover up consensual sex for fear of being shamed by friends or family. Finally, the attorney could argue that there is either no evidence of any sexual conduct at all or that there is no evidence to suggest the sexual conduct was non-consensual.

Showing a motivation for revenge on the part of the alleged victim or pointing out a lack of evidence may lead to dropped charges. This is because the defendant must be found guilty beyond a reasonable doubt, which means that there can be no doubt that non-consensual sex occurred.

Child Molestation Defenses

Cases involving a defendant accused of child molestation can be highly charged. Even an accusation of such a crime is enough to ruin a defendant’s public reputation. Unfortunately, these accusations are sometimes made in order to pursue revenge or harm another person.

For this reason, a defense attorney may argue that:

  • A child was coerced to make accusations by a spouse in a custody battle
  • A child does not understand the claims that they are making

An attorney may argue that a very young child may not understand the claims that they are making because they are not mentally capable enough to do so. The attorney can use a similar strategy to argue that children are more easy to influence, especially when a parent or authority figure gets involved.

If the defense attorney can point out a motivation for revenge on the part of an ex-spouse or a CPS worker, this might introduce enough doubt into the minds of the jury to prevent a guilty verdict.

Indecent Exposure Defenses

Indecent exposure is an offense that involves displaying the breasts, genitals or anus to another person in an attempt to gratify sexual urges. This being the case, a defense attorney may try to prevent a conviction by arguing that the defendant did not have a sexual motivation when they were exposed. For example, the attorney might argue that:

  • The defendant was exposed due to relieving themselves when the alleged victim saw them
  • The defendant was engaged in a sexual act with another consenting person when the alleged victim witnessed the act


Creating a strong legal defense against sex crimes charges is possible but it might incur risk. Consulting with an experienced attorney as soon as charges are filed is the best available plan for defendants.

Have you or someone you know been charged with a sexual crime? There’s no time to waste when establishing a legal defense and Brett Podolsky can help form an effective defense. Call his office today at 713-227-0087 to get the help you need.

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