Houston DWI Lawyer | DWI Defense in Houston, TX

This past legislature brought three important changes in sex crimes defense. Under the Code of Criminal Procedure a court may now order to an alleged victim of sexual assault of any age, regardless of whether or not there is the threat of further harm by the alleged offender.

In regards to punishment, in Penal Code Section 12.42 a second or subsequent conviction for aggravated sexual assault or a conviction for aggravated sexual assault following a conviction for aggravated assault is now punishable by life imprisonment without parole.

A welcome change involves sexual offender registration. A defendant convicted of Indecency with a Child or Sexual Assault need not register as a sex offender if the victim or intended victim was at least 15 years old, the defendant was not more than 4 years older than the victim or intended victim, and the defendant is not a threat to public safety.

I have represented many people charged with sexual offenses and it is always important to keep up with the changes in law. If you or someone you know is in need of the services of a Houston Sexual Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Any accusation of sexual assault, whether it be Aggravated Sexual Assault, Sexual Assault or Indecency with a Child is difficult to face. Often times there is no more evidence than the word of the alleged victim. Although that does not seem like much evidence, a jury is left to ponder, why would someone lie about such a thing?

Although an accused is presumed to be innocent, that presumption seems to fade away once a jury panel hears the charge in a sex case. I have defended numerous clients charged with Sexual Assault and have taken easily over 50 sex cases to trial.From my experience, it is not uncommon to bust a panel in sex cases. That is the term when we are unable to come up with 12 jurors who can be be fair from a panel of over 60 people. Many jurors have their mind made up without a shred of evidence, simply based on the accusation. Its sad but true.

A bill introduced by state Sen. Joan Huffman, R-Houston, could make things a whole lot more difficult in rape cases. The bill, which was tentatively approved by the Senate,  would allow the introduction of testimony about allegations of other sexual assaults to be admitted during the guilt /innocence phase of a trial if a judge, outside the presence of the jury ,hears the evidence and deems it relevant.

In my opinion this would guarantee a conviction for the state. To present extraneous evidence to a jury, even without charging the accused with a crime, is prejudicial and unjust. If the measure passes the uphill battle of sexual assault accusation will get steeper and more difficult.

If you or someone you know is in need of the legal services of a Houston Sex Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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