The word “abuse” is never a good thing, even when you look at the laws being implemented in any state.In the US Constitution, there is a difference between physical and sexual abuse. But for now, let us focus on the latter. After all, there are a lot of things to shed light on regarding this legal issue.
Now, before we start any discussion, let’s define sexual abuse. Legally, sexual abuse happens when a person harms someone else in a carnal manner. Know that the act is intentional, reckless, and done without permission from the victim.
As always, each state has different provisions in such a case. In the case of Texas, Houston sex crime lawyers are ready to clear up the statute active in the area. Here are some important details to remember:
If there is one thing all sexual assault laws have in common, it is the idea of consent. The main debacle in any sexual assault case is to prove whether or not there was consent in the said incident, Dntriallaw.com explains. There are cases when consent is automatically nonexistent in the eyes of the court. An example of this would be the case of statutory rape when the victim is a child under the age of 17. The presence of physical violence (or the threat thereof) can also play a role here.
Sometimes, the court sees it fit to escalate the case to a higher a degree. In Texas, this is when the issue becomes a case of aggravated assault. A notable instance for this is when the victim is under 13 years old. Remember that aggravated assault is a first-degree felony.
Naturally, there are grounds for defense in the case of sexual assault. A defendant can still prove their innocence by banking on certain arguments. For the most part, it would boil down in proving that the act was consensual. Lack of intent and lack of knowledge are also likely defenses.
Given the complex nature of sexual assault, it is best to consult a lawyer seasoned in this field. Treat articles like this only as basic information; get legal advice from someone who has the right experience.