Sexual Assault Defense Attorney in Corpus Christi, Texas
The crime of sexual assault, also known as rape, occurs when the accused commits sexual acts with another person without their consent. The element of consent is the most difficult to establish, but in some cases there is an implied lack of consent if:
- The victim is under 17 years old
- Violence was used
- The accused is in a place of authority over the victim
- The victim is in some way under the care of the accused
Another level of this crime is aggravated sexual assault, which can be charged in the following circumstances:
- There is serious bodily injury
- A sedative was used on the victim
- The victim is elderly or under the age of 14
- Fear and threats of harm or death were used
- There were two or more assailants
Even though this crime has serious implications for the victim, there exist potential defenses that may be used to avoid a wrongful conviction. The proof of consent is the best known, but other defenses include:
- lack of intent
- some instances of medical care
- lawful marriage to an underage victim
Because of the subjective nature of consent and intention, if you are accused of sexual assault, your version of events will play a role in the investigation and trial phases of the case.
To present a defense, you will require a criminal defense attorney who can assist you with your statements and testimony. A sexual assault conviction carries a minimum of a two year jail sentence and can be elevated to a first degree felony in the case of an aggravated assault charge.
Bobby Bourlon understands the elements required to prove a sexual assault charge, and he will force the prosecution to establish every element of the crime.
As your attorney he will present all possible defenses to make sure that you were not wrongly accused or are the object of personal attack for vengeful reasons.
Please call for a free consultation to discuss your case at 361-289-6040.