Defenses to False Sex Crime Allegations in Texas

In Texas, defenses to false sex crime allegations include challenging the accuser’s credibility, presenting alibi evidence, exposing motives for false allegations, demonstrating consent in adult cases, and attacking inconsistencies in the prosecution’s case.

Texas law also provides specific protections like the Romeo and Juliet defense for close-in-age relationships and affirmative defenses for certain circumstances.

False sex crime allegations can destroy your reputation, career, and family relationships even before you’re convicted. The stakes are enormous because Texas imposes severe penalties for sex crimes, including lengthy prison sentences, lifetime sex offender registration, and permanent restrictions on where you can live and work.

However, with the right defense strategy and legal representation from an experienced Houston sex crime lawyer, many false accusations can be successfully challenged through careful investigation, expert testimony, and aggressive advocacy.

What Should You Do First If You Are Falsely Accused?

Being falsely accused of a sex crime is one of the most frightening experiences you can face. The actions you take in the first few hours and days after learning about an accusation can determine whether you maintain your freedom or face years in prison.

Invoke Your Right to Remain Silent

Your Fifth Amendment right to remain silent is your most powerful protection against self-incrimination. If police contact you for questioning, you must clearly state: “I am invoking my right to remain silent and I want an attorney.”

This applies even during what officers call “casual conversations” or when they claim you’re not under arrest. Police are trained to make you feel comfortable so you’ll talk, but anything you say will be used against you in court.

Many innocent people think staying silent makes them look guilty, but this is wrong. Exercising your constitutional rights cannot be used as evidence of guilt, and speaking without an attorney present almost never helps your case.

Avoid Contact With the Accuser

You must immediately stop all communication with the person making the accusation. This means no phone calls, text messages, emails, social media contact, or messages sent through family and friends.

Even an innocent apology like “I’m sorry you feel that way” can be twisted by prosecutors into an admission of wrongdoing. The no-contact rule extends to the accuser’s family members and close friends who might relay messages.

Preserve Texts Social Media and Alibi Proof

Critical evidence that proves your innocence can disappear within hours of an accusation. You need to act quickly to preserve everything that supports your defense.

Digital evidence you should immediately preserve includes:

• Text messages and dating app conversations: Screenshot all communications with the accuser before and after the alleged incident
• Social media interactions: Save posts, comments, direct messages, and any photos that show the nature of your relationship
• Location data: Export GPS history from your phone, vehicle navigation system, or fitness tracking apps
• Financial records: Gather credit card statements, ATM receipts, and any transactions that prove where you were
• Witness information: Write down names and contact details of anyone who can verify your whereabouts or character

Protect Your Reputation and Employment

Be extremely careful about who you discuss the allegations with. Texas is an at-will employment state, meaning your employer can fire you for almost any reason, including being accused of a crime.

You should consult with an experienced criminal defense attorney before speaking to your employer, posting anything on social media, or discussing the situation with friends and family. What seems like harmless conversation can quickly spread and damage your reputation before you even have a chance to defend yourself.

What Are the Best Legal Defenses to False Sex Crime Allegations in Texas?

Building a strong defense against false accusations requires understanding Texas law and how prosecutors build their cases. The most effective defense strategy depends entirely on the specific facts and evidence in your situation.

Consent Evidence in Adult Sexual Assault Charges

Consent is a complete defense to sexual assault charges involving adults. Under Texas Penal Code § 22.011, consent means both parties freely and willingly agreed to engage in sexual activity.

However, consent cannot be legally given if someone is unconscious, physically helpless, mentally incapacitated, or under age 17. Evidence that demonstrates consent includes text messages sent before and after the encounter, witness testimony about your relationship, and security footage showing affectionate behavior between you and the accuser.

Remember that consent is never a defense in cases involving minors, regardless of what the child said or did.

Alibi Surveillance and Eyewitness Reliability

An alibi proves you were somewhere else when the alleged crime occurred. This can completely destroy the prosecution’s case if you can definitively show you weren’t present.

Strong alibi evidence includes work time records, GPS data from your phone or vehicle, timestamped credit card transactions, and witness statements from people who were with you.

In sexual assault cases, we also challenge eyewitness identification, which research shows is often unreliable, especially in traumatic situations.

Attacking Gaps and Inconsistencies in the State’s Case

Texas prosecutors must prove your guilt “beyond a reasonable doubt,” which is the highest standard in our legal system. We create reasonable doubt by exposing weaknesses in their case.

Common prosecution weaknesses we target include:

• Delayed reporting: Why did the accuser wait weeks, months, or years to report the alleged crime?
• Changing stories: How has the accuser’s version of events evolved over time when speaking to different people?
• Missing physical evidence: Why is there no DNA, injuries, or other forensic evidence despite the nature of the allegations?
• Timeline problems: Do the accuser’s claims match verified facts about when and where events occurred?

Forensic Science SANE Exams and Digital Timelines

Sexual Assault Nurse Examiner (SANE) programs conduct specialized medical exams to collect physical evidence after alleged assaults. When these exams show no injuries, DNA, or other physical evidence, it can strongly support your innocence.

We also use digital forensics to analyze phone records, social media activity, location data, and app usage to create detailed timelines. These digital footprints often contradict the accuser’s claims about when and where events occurred.

Impeaching Credibility Motive Coaching and Prior Statements

Impeachment means challenging a witness’s credibility and truthfulness. We investigate whether the accuser has motives to lie, such as gaining advantage in a custody dispute, seeking money through a civil lawsuit, or acting out of revenge after a relationship ended.

We also examine whether the accuser has a history of making false allegations, has given inconsistent statements to different people, or has been coached by others on what to say. Mental health issues, substance abuse problems, or other factors affecting reliability become relevant to your defense.

Motions to Suppress Under Texas Law

A motion to suppress asks the court to exclude illegally obtained evidence from your trial. If police violated your constitutional rights during their investigation, the evidence they gathered may be thrown out.

Examples include statements you made without being read your Miranda rights, evidence found during illegal searches of your home or electronic devices, and confessions obtained through coercion or deception.

Entrapment and Intent Defenses in Digital or Sting Cases

Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have otherwise committed. This defense is common in online sting operations where undercover officers pose as minors and aggressively encourage illegal behavior.

The key distinction is that simply providing an opportunity to commit a crime isn’t entrapment. Police must have actively persuaded or pressured you into criminal conduct you weren’t already predisposed to commit.

Statutory and Affirmative Defenses Under Texas Law

An affirmative defense admits the conduct occurred but argues you had legal justification. Texas’s “Romeo and Juliet” law provides an affirmative defense to statutory rape charges when both parties are close in age and other specific conditions are met.

The mistake of age defense applies when you reasonably believed the other person was 17 or older based on their appearance, statements, or other circumstances. However, this defense has strict requirements and doesn’t apply in all situations.

How Do We Overcome Bias in Texas Sex Crime Trials?

Sex crime allegations carry enormous social stigma that can prejudice potential jurors before they hear any evidence. The #MeToo movement, while important for genuine victims, has created a “believe all accusers” mentality that challenges the presumption of innocence.

Jury Selection and Voir Dire Strategy

Voir dire is the jury selection process where we question potential jurors about their backgrounds, experiences, and attitudes. We identify jurors who may be biased against you because of personal experiences with sexual assault or strong opinions about these cases.

We ask specific questions about their views on false allegations, their ability to follow the “innocent until proven guilty” standard, and whether they can fairly evaluate evidence without being influenced by emotions or media coverage.

Limiting Instructions and Rape Shield Considerations

Texas’s rape shield law generally prohibits evidence about an accuser’s sexual history to protect their privacy. However, there are important exceptions when such evidence is directly relevant to consent, shows bias or motive to lie, or involves prior false allegations.

We work to get limiting instructions that tell jurors to disregard certain prejudicial information and focus only on relevant evidence that helps determine the truth.

Expert Testimony on Memory Perception and Interviewing

Expert witnesses can explain how memory works, why people sometimes develop false memories, and how improper interview techniques can contaminate recollections. This is especially important in cases involving children, who are more susceptible to suggestion.

Memory experts can testify about factors that affect reliability, such as stress, trauma, the passage of time, and leading questions from investigators or therapists. Their testimony helps jurors understand why someone might genuinely believe something happened that actually didn’t occur.

What to Expect in Texas Investigations and Charges

The process from initial accusation to final resolution typically takes months or even years. Understanding each stage helps you prepare and gives your defense team opportunities to intervene effectively.

Police Investigation Pretext Calls and Search Warrants

During their investigation, police may ask the accuser to make a recorded “pretext call” where they try to get you to make incriminating statements. These calls are carefully planned traps designed to catch you off guard.

Never speak to an accuser once you learn about allegations, even if they seem friendly or apologetic. Investigators may also obtain search warrants for your phone, computer, home, and vehicle to look for evidence that supports the charges.

Grand Jury Strategy and No Bill Opportunities

In Texas, felony cases must be approved by a grand jury before formal charges can be filed. The grand jury decides whether there’s probable cause to believe you committed the alleged crime.

If the grand jury determines there isn’t sufficient evidence, they issue a “no bill” and the case is dismissed. An experienced attorney can present a defense packet to the grand jury showing evidence of your innocence and arguing against filing charges.

CPS Title IX and CAC Interviews

Sex crime allegations often trigger multiple parallel investigations beyond the criminal case. Child Protective Services investigates any allegation involving minors, universities conduct Title IX investigations for campus incidents, and Children’s Advocacy Centers perform forensic interviews of alleged child victims.

Statements made in one proceeding can be used against you in others, making it crucial to have legal representation for all aspects of your case.

Pretrial Motions Plea Negotiations and Trial

The criminal process includes arraignment, discovery, pretrial motions, plea negotiations, and potentially trial. Many cases resolve before trial through dismissals, reduced charges, or plea agreements.

However, we prepare every case for trial because thorough preparation gives us maximum leverage in negotiations and often leads to better outcomes for our clients.

Defenses to Allegations Involving Minors in Texas

Cases involving children require specialized defense strategies because of different legal standards, heightened emotions, and unique challenges in evaluating evidence.

Challenging CAC Interview Protocols and Suggestibility

Children are highly susceptible to suggestion, especially from authority figures like investigators and therapists. Improper interview techniques can create false memories that the child genuinely believes are real.

We carefully review all interviews for leading questions, promises of rewards for “disclosure,” and multiple interviews that can contaminate a child’s memory. Forensic interview protocols exist to prevent these problems, but they’re not always followed properly.

Countering Extraneous Offense Evidence in Child Cases

Extraneous offense evidence refers to other alleged bad acts that prosecutors want to introduce to show a “pattern” of behavior. This evidence is often more prejudicial than probative and can unfairly influence jurors.

We fight to exclude evidence of other alleged incidents that aren’t directly relevant to the current charges, as this evidence can make it nearly impossible to receive a fair trial.

Close in Age and Other Statutory Considerations

Texas sets the age of consent at 17, but the Romeo and Juliet law provides defenses for consensual activity between young people who are close in age. These defenses require specific age differences and other conditions to apply.

Sex Offender Registration Risks and How to Avoid Them

A conviction for most sex offenses in Texas requires lifetime registration as a sex offender. This means reporting to law enforcement regularly and accepting severe restrictions on where you can live and work.

Registration requirements include providing your address, employment information, vehicle details, and internet identifiers to authorities. You must update this information whenever it changes and verify it periodically in person.

The consequences of registration extend far beyond the legal requirements. Registered sex offenders face employment discrimination, housing restrictions, and social stigma that can last forever.

Some plea agreements involving deferred adjudication may avoid registration requirements for certain offenses, but the best way to avoid this devastating consequence is to fight for dismissal or acquittal at trial.

How Experienced Houston Sex Crime Lawyer Grant Scheiner Builds Your Defense

Our defense strategy at Scheiner DWI & Criminal Defense Lawyers combines extensive criminal defense experience, board certification in criminal law, and a thorough understanding of forensic science.

Early Intervention and Evidence Preservation

The moment you hire us, we send legal preservation notices to prevent evidence destruction and begin investigating your case. Grant Scheiner’s board certification in Criminal Law by the Texas Board of Legal Specialization gives us credibility with prosecutors and judges.

Our established relationships with law enforcement and prosecutors often allow us to present your side of the story before charges are filed, sometimes resulting in cases being dropped at the investigative stage.

Forensic and Digital Evidence Review

Drawing on extensive criminal defense experience, we analyze complex scientific evidence prosecutors may use against you. We review DNA reports, medical records, digital communications, and other technical evidence to find flaws and inconsistencies.

Our network includes top experts in forensic psychology, false memory, digital forensics, and medical evidence who can challenge the prosecution’s case and support your defense.

Expert Witnesses and Motion Practice

We work with leading experts in fields like forensic psychology, medical examination, and digital analysis to counter the prosecution’s evidence. Our extensive motion practice draws on decades of experience to exclude prejudicial evidence and protect your rights.

Trial Readiness and Reputation Protection

Every case we handle is prepared as if it will go to trial. This thorough preparation often leads to dismissals or favorable plea agreements because prosecutors know we’re ready to fight.

We understand that accusations alone can destroy your reputation and career. We work discreetly to minimize public exposure while aggressively defending your rights in court.

Skilled Sex Crime Defense Law Firm in Houston, Texas

Time works against you when facing false accusations. Evidence disappears, witnesses forget details, and delays allow prosecutors to strengthen their case against you.

Early intervention by experienced criminal defense attorneys provides the best opportunity to protect your freedom and future. At Scheiner DWI & Criminal Defense Lawyers, we have achieved dismissals and not guilty verdicts for clients facing false accusations throughout Houston, Harris County, Fort Bend County, and surrounding areas.

We’re available 24/7 to begin building your defense immediately. Contact us now for a confidential consultation to discuss your case and learn how we can help protect your rights.

FAQs About False Sex Crime Allegations in Texas

Can Texas Prosecutors File Charges Based Only on an Accuser’s Testimony?

Yes, Texas law allows prosecutors to file charges based solely on an accuser’s statement, even without physical evidence, DNA, injuries, or witnesses to corroborate the allegations.

Should I Agree to Take a Polygraph Test for Police?

Never take a polygraph test without consulting your attorney first, as these tests are notoriously unreliable and the results can be manipulated to make you appear deceptive even when telling the truth.

What Should I Tell a Detective Who Wants to Interview Me?

You should politely decline to answer questions and clearly state that you want an attorney present, as detectives are trained to extract incriminating statements even from innocent people.

Can My Attorney Present Evidence to the Grand Jury Before Charges Are Filed?

Yes, we can submit comprehensive evidence packets to grand juries that may result in a “no bill” decision, which prevents charges from being filed and ends the case.

Can I Get My Arrest Record Expunged if Charges Are Dismissed?

Most dismissed cases, acquittals, or no-bill decisions qualify for expunction in Texas, which completely destroys all records of the arrest and charge as if it never happened.

What Happens if the Accuser Later Admits They Lied?

While recantations can be helpful, prosecutors may continue the case anyway, claiming the victim was pressured or threatened into changing their story.

Can I Sue Someone for Making False Sex Crime Allegations Against Me?

Texas law allows defamation lawsuits against people who knowingly make false accusations, but your criminal defense must always be the top priority before considering civil action.

Will Child Protective Services Get Involved in My Case?

If the allegations involve a minor, CPS will conduct a separate investigation that can affect your parental rights and custody, requiring additional legal strategies beyond your criminal defense.