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How is sexual assault prosecuted?

On Behalf of | Feb 2, 2021 | Sex Crimes

If you’ve been accused of sexual assault in Texas, you might feel worried about your legal options. It’s often frightening to be the object of such accusations. However, don’t make any assumptions about the outcome. There is a standard legal process for handling sex crime accusations, and understanding that process can help you.

Police reports

Before the police can investigate a possible sex crime, someone must make a police report. Until that happens, legal proceedings won’t commence. Once someone has made a report, the police will interview the person who alleged a crime. Many people worry that this is enough for a prosecutor to pursue a conviction, but it’s only the beginning of a process that may or may not go anywhere.

Investigation

Next, an investigator will seek out corroborating evidence. Sometimes, there isn’t any further evidence. Other times, the investigator will find information that might indicate a sex crime.

During the investigation process, an investigator may choose to question you. If that happens, you’ll want to retain legal counsel. A lawyer may advise you about the ways to keep yourself safe while speaking to the police.

Evidence

There are many types of potential evidence when it comes to sexual assault allegations. Here are just a few examples:

  • Medical documentation of injuries or foreign bodily fluids
  • Witness testimony
  • Photos and videos
  • Online posts

Such evidence might verify that someone committed a crime. On the other hand, evidence sometimes suggests that a crime was not committed.

Prosecution

If a prosecutor doesn’t view the evidence as sufficient, they might not choose not to charge the accused. If you have been accused of a sex crime, hiring a defense attorney may be in your best interests.

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