Picture the following scenario!
You’ve just been arrested on sexual assault accusations. You know you’re 100% innocent. But for some reason, every piece of circumstantial evidence points to you. Before you know it, the jury hurriedly reaches a guilty verdict and slaps you with a lengthy prison sentence.
Sadly, that’s the reality of thousands in our correctional facilities, as was exemplified by Anthony Broadwater’s case.
Broadwater was wrongly convicted of sexually assaulting author Alice Sebold in 1982. Despite passionately pleading his innocence, the Houston native ended up serving sixteen years in prison and was compelled to register as a sex offender for an additional twenty-two years.
Broadwater was eventually released in 2021 after DNA evidence exonerated him. And while he settled with the state for $5.5 million, his case underscored just how one false move can lead to wrongful sexual offense convictions.
The surest way to improve your chances of winning a sexual assault case is by working with a professional Houston lawyer. Here’s how legal representation may impact your case.
Role of Sexual Assault Lawyers for the Accused
Sexual assault allegations almost always constitute felonies.
In Texas, convictions can result in life imprisonment plus fines of up to $10,000. There’s also a mandatory registration with the Texas Sex Offender Registry, which includes restrictions regarding where you can go and the activities you may participate in.
If you’ve been wrongly accused of a sex offense, it’s imperative to engage Houston sexual assault lawyers immediately following your arrest. The attorney will familiarize themselves with your case and draft a robust defense strategy.
Whether you pursue alternative dispute resolution mechanisms or battle it with the plaintiff in court, a sex offense lawyer’s advice can prove invaluable in demonstrating your innocence.
Below are other ways a sexual assault lawyer may impact your case;
1. Evidence Collection
While the burden of proof rests with the accuser, critical evidence can help turn a sexual assault case on its head.
A Houston sex offense attorney can help assemble vital exonerative evidence, such as alibis. The lawyer will also bring their experience to bear in challenging prosecution theories and discrediting witness statements, all in a bid to prove your innocence.
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2. Cross-Examining Witnesses
Few sexual assaults leave behind witnesses. For those that do, every witness must accurately identify the alleged perpetrator.
One way a Houston sex offense attorney can challenge witness statements is by helping you create a water-tight alibi. Besides, the lawyer will cross-examine all witnesses to establish inconsistencies in their accounts of events.
3. Negotiating Plea Bargains
Sexual assault is simply inexcusable. No amount of reason can justify forcing yourself on another person, despite their age or gender.
However, even the vilest offender deserves a second chance. If you’re guilty of all the sexual assault allegations leveled against you, working with a Houston sex offense lawyer can help negotiate a favorable plea bargain on your behalf.
Role of Sexual Assault Lawyers for the Victim
Not only do sexual assault lawyers defend alleged perpetrators. Their experience may also help assault victims get their much-deserved justice.
Expectedly, a sex offense attorney will require solid evidence to represent an assault victim. The lawyer may analyze the defendant’s alibi, retrieve cell phone conversations between the defendant and victim, and secure any forensic evidence…all in a bid to prove that the defendant is guilty.
Other roles of a sex offense lawyer for assault victims include;
1. Seeking Protection Orders
Restraining orders are meant to restrict contact between an alleged sex offender and their victim. It bars the accused from venturing within a specific mile radius of the victim’s residence, workplace, or school.
A Houston sexual assault lawyer can obtain protection orders on your behalf, enhancing your safety during the litigation process.
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2. Negotiating Settlements
Out-of-court settlements should be a last resort when litigating sexual assault lawsuits, especially for allegations involving forceful penetrative sex. However, in less severe cases like workplace or cyber sexual harassment, you may consider a financial settlement.
Compensation is necessary to address the emotional trauma resulting from the harassment and to prevent the future recurrence of similar incidents.
A sexual assault lawyer can help you negotiate the maximum compensation that addresses your needs. If the case proceeds to trial, the attorney will gladly represent you in court.
3. Collaborating With Other Experts
The success of sexual assault litigations isn’t solely hinged on legal expertise. Several other professionals are usually involved, including rape trauma experts, forensic evidence analysts, and therapists.
Houston sexual assault attorneys maintain a vast network of professionals whose expertise can help your case. For instance, the lawyer may recommend going into therapy as they handle the lawsuit on your behalf, helping to accelerate your recovery.
Besides, your sex offense attorney can draft persuasive legal arguments based on reports from forensic and medical experts. They’ll skillfully weave in the evidence collected into these reports to demonstrate the defendant’s culpability beyond reasonable doubt.
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Wrap Up
Getting embroiled in sexual assault accusations can feel like your whole world has come crashing down on you.
If you’re a defendant, a wrongful conviction could lead to punitive sentences. If you’re the victim, the physical and emotional scars inflicted by sex predators may take an eternity to heal.
Fortunately, a Houston sex assault lawyer can represent your interests by pleading your case throughout the proceedings. The attorney will gather critical evidence to prove your innocence and bring the real perpetrators to justice.
