How Sexual Assaults Are Investigated And Prosecuted In Texas?

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In Texas, the gravity of a conviction for sexual assault cannot be understated. Such a conviction carries with it severe legal repercussions and can deeply impact an individual's personal and professional life, as well as the lives of their loved ones. When someone is required to register as a sex offender, they may even be publicly branded with this label for life, making the consequences of a conviction go beyond a prison sentence and fine.

The process of investigating and prosecuting sexual assaults in Texas involves several key stages. Below, Cofer & Connelly, PLLC sex crime attorneys explain sexual assault investigations in more detail. We also explain what the relevant laws are and how our team can provide indispensable support to those facing such grave allegations.

Incident Reporting And Intake

When a sexual assault is reported, Texas law enforcement takes charge of the initial response. Reports can come from various sources, including the alleged victim, witnesses, emergency calls, or referrals from hospitals and schools. Law enforcement gathers information about the incident, records it, and reports it to the Department of Public Safety (DPS). They also assign the case to investigators and alleged victim services counselors. The alleged victim may undergo a sexual assault forensic examination (SAFE), and the collected evidence is submitted for lab testing.


The investigation phase involves detailed work by local law enforcement. This includes interviewing the alleged victim, witnesses, and suspect, reviewing sexual assault kit results, and examining other relevant evidence. The outcome of this phase can lead to different scenarios: the suspect may be arrested and charged if there's probable cause, the case may be closed if the allegations are unfounded, charges for other crimes might be pursued, or the investigation may be suspended pending further evidence.

Case Referral And Prosecution

If local law enforcement refers a case, the district attorney’s office reviews it and decides whether to accept or decline it. Accepted cases are presented to a grand jury, which determines if there's sufficient probable cause to return an indictment. If indicted, the case proceeds to trial. The DA's office can also dismiss or refile the case depending on the grand jury's decision. Declined cases might be sent back for further investigation or closed.

Court Disposition

In the trial phase, the DA's office presents the case to a judge or jury, who decides based on whether the evidence proves the defendant's guilt beyond a reasonable doubt. Alternatively, plea agreements may be offered, considering various factors like the alleged victim preferences, evidence strength, trial schedules, and the likelihood of an appeal. Following a guilty verdict or plea agreement, the sentencing phase includes decisions concerning incarceration, probation, deferred adjudication, sex offender registration requirements, etc.

Probable Cause And Reasonable Doubt In Sexual Assault Cases

In Texas, the evidence gathered in sexual assault cases must satisfy two critical legal standards. First, it must establish "Probable Cause," which means there must be a reasonable basis to believe that a suspect committed the crime. This standard impacts both local law enforcement's decision to arrest and charge an individual, and the grand jury's decision to prosecute a suspect for sexual assault.

Second, the evidence must meet the "Beyond a Reasonable Doubt" standard, which requires the evidence to convince a judge or jury, without any reasonable doubt, of the defendant's guilt in the sexual assault.

Evidence Collection In Sexual Assault Cases

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Collecting evidence in sexual assault cases is a nuanced and challenging process. Law enforcement and district attorneys face multiple obstacles in gathering the necessary evidence to prove a suspect's guilt.

Proving Lack Of Consent In Adult Cases

A key challenge in sexual assault cases involving adults is proving the act in question occurred without consent. Unlike cases involving minors, where consent is not a factor, adult cases require clear evidence to establish non-consent. This complexity is magnified when the alleged victim and suspect share a pre-existing relationship, which is common in many reported cases.

The Role Of Relationship Dynamics

A significant number of sexual assaults involve alleged victims who have some relationship with the suspect, whether familial, romantic, or acquaintance-based. These relationship dynamics add layers of complexity to evidence collection and interpretation.

Influence Of Alcohol And Drugs

In cases where alcohol or drugs are involved, alleged victims’ ability to recall events can be significantly impaired. This affects the quality and reliability of their statements, which are often crucial in establishing lack of consent.

Reliance On Alleged Victim Statements And Additional Evidence

In many instances, the alleged victim's statement is the central piece of evidence. However, without supporting evidence like forensic data, electronic communications, or witness testimonies, establishing a suspect's guilt becomes challenging. This reliance on alleged victim statements places immense pressure on their accuracy and detail.

Forensic Analysis Of Sexual Assault Kits: Delays And Challenges

The forensic analysis of sexual assault kits, crucial for gathering evidence, is often hampered by delays. These delays can be due to long processing times in crime labs, often exceeding 90 days, and sometimes extending to over a year. Factors contributing to these delays include insufficient staffing, process inefficiencies, and backlog issues.

Non-Submission Of Sexual Assault Kits

Another significant issue is the non-submission of collected sexual assault kits for analysis. Reasons range from lack of alleged victim cooperation, the perceived irrelevance of the kit's evidence, to resource limitations within law enforcement agencies. Additionally, crime lab backlogs also contribute to decisions against submitting these kits.

Impact Of Delayed Reporting On Evidence Collection

Delayed reporting of sexual assaults presents another obstacle. The longer the time between the incident and the report, the harder it is to collect relevant evidence. This delay affects the ability to confirm a suspect's identity and diminishes the chances of establishing probable cause, particularly in cases involving alleged child victims.

Investigation And Prosecution Of Child Vs. Adult Sexual Assaults In Texas

Differences In Procedures And Resources

The investigation and prosecution of sexual assaults in Texas vary significantly when it involves an alleged child victim compared to an adult. This variance influences the efficiency and effectiveness of case management through the criminal justice system.

Statutory Requirements For Child Sexual Assault Cases

When dealing with alleged child victims, Texas law mandates that a team consisting of the Texas Department of Family and Protective Services, local children’s advocacy centers, local law enforcement, and the district attorney’s office collaborates in investigating and prosecuting child abuse and neglect cases.

Impact On Case Outcomes

The structured approach for child sexual assault cases may contribute to their higher rate of arrests and convictions. In a 5-year audit period, while 53% of reported sexual assault incidents involved alleged child victims, these cases accounted for 68% of all arrest charges and 75% of all convictions for sexual assaults.

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Factors Considered For Prosecutors To Offer Plea Agreements In Sexual Assault Cases

When it comes to sexual assault cases, prosecutors often have to decide whether to propose a plea agreement and what terms it should include. Their decision-making process is influenced by various factors. The primary considerations for pursuing plea agreements in these cases include the following:

  • Protecting The Alleged Victim: A key reason is to prevent the alleged victim from the stress of testifying in court. This also aligns with situations where the alleged victim prefers a plea deal over a trial.
  • Uncertainty And Evidence Challenges: Sometimes, there's uncertainty about how the trial might conclude or there might not be enough evidence to strongly support a sexual assault charge.
  • Court Schedule Constraints: Limited availability in the court's schedule can also be a factor influencing the decision.
  • Case Resolution Efficiency: Plea agreements can lead to a quicker resolution of a case compared to a full trial process.
  • Reducing Appeal Likelihood: Offering a plea deal can also be a strategy to minimize the chances of an appeal against the court's verdict.
  • Expectation Of Offering Plea Bargains: Lastly, there might be a general expectation or norm to offer the accused person a plea bargain.

Understanding Consent In Sexual Assault Cases Under Texas Law

In Texas, the definition of sexual assault involving lack of consent is outlined in Texas Statutes Section 22.011. This law specifies various scenarios where an individual's actions are deemed as acting without consent in a sexual assault case. These circumstances include:

  • Physical Force Or Coercion: When the individual uses physical force, violence, or coercion to compel the alleged victim to engage in the act.
  • Threats Of Violence: If the individual threatens to use force or violence, causing the alleged victim to believe that the individual can carry out these threats.
  • Alleged Victim’s Incapacity: When the alleged victim is unconscious or physically unable to resist, and the individual is aware of this condition.
  • Mental Disease Or Defect: If the alleged victim, due to a mental disease or defect, cannot understand the nature of the act or resist it, and the individual is aware of this incapacity.
  • Unawareness Of The Assault: The act occurs without the alleged victim’s consent and the alleged victim is unaware that the sexual assault is happening.
  • Impairment By Substances: The individual intentionally impairs the alleged victim’s ability to appraise or control their conduct by administering a substance without the alleged victim’s knowledge.
  • Threats Against Others: If the individual compels the alleged victim by threatening harm against any person, and the alleged victim believes the individual can execute these threats.
  • Abuse Of Public Service Position: When a public servant coerces the alleged victim into submission or participation.
  • Exploitation By Health Or Mental Health Providers: If a health care or mental health services provider exploits the alleged victim's emotional dependency, especially when the alleged victim is a current or former patient.
  • Clergyman Exploitation: In cases where a clergyman exploits the alleged victim's emotional dependency in the clergyman’s role as a spiritual adviser.
  • Employee Of A Residential Facility: If the individual is an employee of a facility where the alleged victim resides, except in cases where they are married to each other, formally or informally.

Role Of A Sexual Assault Defense Lawyer

A sexual assault defense lawyer can intervene early in the investigation process. This intervention can include communicating with law enforcement on behalf of the individual, ensuring their rights are protected, and preventing self-incrimination. Defense lawyers are focused on guiding the individual through the complexities of the legal system. They inform the client about the nature of the charges, potential penalties, and possible defense strategies. Throughout the legal process, a defense lawyer ensures that the constitutional rights of the individual are upheld. This includes the right to a fair trial, the right to remain silent, and protection against unlawful searches and seizures.

Analyzing Evidence And Formulating Defense Strategies

Defense lawyers meticulously analyze the evidence gathered during the investigation. This includes scrutinizing police reports, forensic evidence, and witness statements to identify any inconsistencies or flaws in the prosecution's case.

In some cases, negotiating a plea agreement may be in the best interest of the individual. A defense lawyer can negotiate with prosecutors to potentially reduce charges or seek alternative sentencing options. If a case goes to trial, the defense lawyer represents the client in court. They present evidence, cross-examine witnesses, and argue on behalf of the client to establish reasonable doubt.

Sexual assault cases often involve sensitive issues. A skilled criminal defense lawyer can handle these delicacies with professionalism, ensuring that the individual's reputation and privacy are safeguarded as much as possible. If a conviction occurs, the defense lawyer can assist with appeals and post-conviction relief efforts, seeking to overturn the conviction or reduce the sentence.

The Importance Of Choosing An Experienced Lawyer

Selecting a lawyer with extensive experience in sexual assault defense is crucial. They offer a wealth of knowledge and expertise, which can significantly impact the outcome of a case. Experienced lawyers are familiar with the local legal system, prosecution tactics, and have a network of expert witnesses and investigators at the ready to serve their clients’ needs and interests.

Texas Sexual Assault Lawyers

Facing sexual assault charges in Texas can be a daunting experience. Enlisting the help of a sexual assault criminal defense lawyer is imperative, as they can play a major role in developing defense strategies and protecting the rights and future of the individual. If you're facing such a situation, reach out to the experienced sex crimes attorneys at Cofer & Connelly, PLLC at (512) 991-0576 or online for a consultation.