If ever you find yourself or a loved one accused of indecency with a child by contact, be level-headed about it. Of course, worrying and getting stressed about it is inevitable, but it will never get you out of this legal mess. Instead of feeling miserable, search online for aggravated sexual assault lawyer Houston to help you fight your legal battle.
Aside from representing you in the case, one of the most crucial roles of your defense lawyer is to refute and counter all the allegations raised by the plaintiff. Also, he shall make sure that you are afforded due process by ensuring that you are given a day in court to meet your accuser and defend yourself. And should the accusations be proven baseless, your defense lawyer can also help you file a counterclaim for damages caused by the case.
What defenses are available to an accused in a continuous sexual abuse of a child case?
Before talking about the defenses of an accused, it is best to talk about the elements of indecency with a child by contact case. Before this case can prosper, the plaintiff must first be able to establish that the child was less than 17 years old at the time the offense was committed. Aside from that, they also have to prove the intent of the defendant to sexually gratify or arouse and the actual sexual contact.
It is the prosecution’s burden to prove the presence of all these elements. As the defense, it is your lawyer’s job to counter all these allegations either by proving that the victim was over 17 years old at the time to offense was committed, or that there was really no proof of actual sexual content. One thing that must also disprove is the intention of the accused to sexually arouse or gratify.
Age is a material element of the case of aggravated sexual assault
There have been many incidences in the past wherein the victim was over 17 years old and the case was dismissed. Though this does not mean that the no case can be refiled again, but at least, you can immediately have the indecency with a child by contact case dismissed. The point of reckoning to establish the age of the victim is the time when the act was allegedly committed. If this is the only element that will be discredit, and the others are proven, a different case can be refiled with the same causes of action.
Building a defense around the fact that the sexual contact was never intentional
For example, a mother was helping his 5-year old son take a bath and he, without an intention to get aroused, touched the private parts of her son’s body. Then, the father, who already filed for divorce and custody for the child, alleged that the mother sexually assaulted their son.
In this case, the lawyer can capitalize on the fact that bathing your child is a natural thing for parents, and in the process of cleaning your child’s body, you might have touched some of his private parts. Without an intention to sexually arouse herself, the mother was merely fulfilling her maternal obligation to her son. Testimonies from witnesses can also be used to establish the relationship between the mother and son. An amicus curae can also be petitioned to shed light on the relevant issues.
The Final Takeaway
If you search online for aggravated sexual assault violent offense, you can see that it is indeed a violent crime. The trauma and the damage caused to the victim is so great that a lifetime in jail will never be enough. The same damage is caused when you erroneously put an innocent man in jail. This is why the lawyer must work his best to protect the life, liberty, and property of his client, whether that client is the accused or the victim.
For a more positive outcome, let the Law Office of Paul Schiffer help you.