Aggravated sexual assault, which is essentially an allegation of violent rape, is among the most serious charges a person case face and, in many cases, carries penalties as serious as those for murder.
While a defendantβs right to a fair trial is constitutionally guaranteed and enshrined in the Bill of Rights, lawmakers continue to expand or eliminate the statute of limitations for these crimes. As a result, defendants too often face charges years, or even decades, after an alleged crime. Advancements in DNA, the creation of cold case units, and the growing use of forensic genealogy, mean defendants are forced to defend themselves against significant scientific evidence long after other evidence has been lost or destroyed, witnesses have moved away or passed away, and other potential defenses have been eroded by the passage of time.
It is always difficult to convince those accused of, or being investigated for, a
serious crime, that it is not in their best interest to try to explain or defend themselves. It is human nature. And the urge is especially strong when accused of a sex crime, which can quickly result in job loss and reputational damage, even without a conviction in court.
But enforcement is only interested in gathering evidence of your guilt and uses tactics and training to exploit your natural urge to defend yourself. They often act friendly or deceptively, and may even lie, as they build a case against you. Declining to speak to law enforcement and immediately contacting an experienced Houston criminal defense lawyer is the best thing you can do to protect your rights and your freedom. In many cases, particularly cold cases, law enforcement would not even be talking to you if they had enough evidence to issue an arrest warrant. They are hoping you will do them a favor by making contradictory or incriminating statements, or otherwise help them fill in the holes in their case, and thereby permit them to arrest you!