UNDER TEXAS LAW, RAPE IS SEXUAL ASSAULT

Most cases of rape or sexual assault are “he said, she said”. What that means to you, is that we have a chance to fight these false allegations. Call the San Antonio Criminal Attorneys at Barton & Associates Law Firm, PLLC the moment you are questioned by police and do not make any statements to detectives.

Call 210-570-2020 IMMEDIATELY.

In many cases, the case can be prosecuted based on the word of the alleged victim even though no physical evidence supports the accusation. Cases involving false allegations do occur for a variety of reasons, Texas law provides for several important defenses against this serious criminal charge when the allegations are false or when the evidence is insufficient. Obtaining representation as soon as possible after the allegation is important so that all favorable evidence can be gathered before memories fade or physical evidence is lost. Time is of the essence and starting on these cases now sets you up for success later. Defending these allegations will vary from case to case. To sit down and formulate a strategy, call Barton & Associates Law Firm, PLLC immediately at 210-570-2020.

THE ISSUE OF CONSENT UNDER TEXAS LAW

The most commonly asserted issue in sexual assault cases involves the issue of consent. Texas law provides for numerous provisions that allow the prosecutor to prove a lack of consent in several different ways including:

• The defendant compels the alleged victim to participate or submit to the act through the use of violence or physical force;
• Even when no physical force is used, the defendant compels the alleged victim to participate or submit through the threatened use of violence or physical force when the alleged victim believes that the defendant has the immediate ability to execute the threat;
• Even when no force or threat of force is used, the defendant knows the alleged victim has not consented and is unconscious or physically unable to resist;
• Even when no violence or threat of violence is used, the defendant knows that the alleged victim is incapable of resisting the act or appraising the nature of the act because of the alleged victim’s mental defect or disease;
• Even when no force or threat of force is used, the alleged victim has not consented, and the defendant knows the alleged victim is unaware that the sexual assault is occurring; and
• Even when no physical violence or threat of physical violence is used, the defendant has intentionally caused the victim’s power to control or appraise the defendant’s conduct by administering any chemical or controlled substance without the alleged victim’s knowledge.

FINDING AN EXPERIENCED SEXUAL ASSAULT DEFENSE ATTORNEY IN SAN ANTONIO & SOUTH TEXAS

Barton & Associates Law Firm, PLLC are experienced criminal defense lawyers in San Antonio who fight for individuals who have been falsely accused of sexual assault in any surrounding area. Call Barton & Associates Law Firm, PLLC at 210-570-2020 to speak directly with a Texas sexual assault defense attorney about the particular facts of your case.