San Antonio Rape Defense Lawyer

Defending Against Rape Accusations in Texas

Being accused of rape is a very serious matter. If convicted, you could face some very serious penalties, including jail time, heavy fines, and a permanent criminal record. At The Law Offices of Dr. E.R. Baez, P.C., our San Antonio rape defense lawyer can provide you with the aggressive representation you need to defend your rights and fight for your freedom.

Call The Law Offices of Dr. E.R. Baez, P.C. today at (210) 901-5236 or contact us online to schedule a consultation with our rape defense attorney in San Antonio.

What is Considered Rape?

Rape is a serious criminal offense involving non-consensual sexual intercourse or penetration. Under Texas law, rape is characterized as engaging in sexual intercourse with another person without their consent. Consent must be voluntary and given freely by a person who is capable of making rational decisions. If an individual is incapable of giving consent due to factors such as age, mental impairment, or intoxication, any sexual activity with them can be considered rape.

What are the Penalties for Rape in Texas?

In Texas, the penalties for rape are severe and can have life-altering consequences for those convicted. The severity of the penalties will be dependent on various factors, including the age of the victim, the use of force or threats, and whether any additional aggravating factors are present.

• Aggravated Sexual Assault: This is considered the most serious form of a rape offense, involving factors like the use of a fatal weapon, causing serious bodily injury, or if the victim is a child, elderly person, or disabled individual. If convicted of aggravated sexual assault, individuals could face a prison sentence, along with substantial fines.
• Sexual Assault: If the circumstances do not meet the criteria for aggravated sexual assault, the offense may be charged as sexual assault. Conviction of sexual assault can lead to a jail term as well as fines.
• Statutory Rape: This occurs when an adult engages in sexual activity with a minor who is below the age of consent. Penalties for statutory rape vary based on the age difference between the parties involved and can range from probation to substantial prison terms.

Defenses Against Rape Charges

Our experienced San Antonio rape defense attorney, Dr. E.R. Baez, understands the complexities of rape cases and is dedicated to crafting a strong defense tailored to the unique circumstances of each case. Some potential defenses against rape charges include:

• Consent: If it can be proven that both parties engaged in sexual activity with mutual consent, it may be possible to challenge the rape allegations.
• Lack of Evidence: Insufficient or unreliable evidence can weaken the prosecution’s case. Our team will meticulously review all evidence to identify inconsistencies or inaccuracies.
• False Accusations: In some cases, individuals may falsely accuse others of rape for personal gain or to settle personal disputes. Uncovering motives and credibility issues can be crucial in these situations.
• Mistaken Identity: Identifying the wrong person as the perpetrator can lead to unjust accusations. We will diligently investigate and present evidence to establish doubt about the accused’s involvement.
• Procedural Errors: If law enforcement or the prosecution mishandled evidence or violated the accused’s rights during the investigation or trial, it could result in a dismissal of your charges or a favorable plea agreement.

Understanding Consent in Rape Cases

When it comes to rape cases, understanding the concept of consent is crucial. Consent is an essential element in determining whether a sexual act was consensual or non-consensual. It is important to remember that consent must be freely given, enthusiastic, and informed.

In Texas, consent is defined as a voluntary agreement by a person who possesses the mental capacity to make a decision. It must be given without coercion, force, threat, or manipulation. It is essential to establish that both parties involved in the sexual act had the capacity to give consent.

Our experienced San Antonio rape defense lawyer can help you navigate the complexities of consent in your case. We will thoroughly investigate the circumstances surrounding the alleged incident and work to build a strong defense strategy tailored to your specific situation.

Remember, everyone has the right to a fair trial and the presumption of innocence until proven guilty. If you or a loved one is facing rape accusations, don’t hesitate to contact our skilled legal team for a confidential consultation.

Contact Our Rape Defense Attorney in San Antonio

Facing rape charges can be overwhelming, and having a skilled rape defense attorney on your side can make all the difference. At The Law Offices of Dr. E.R. Baez, P.C., we are committed to providing compassionate and aggressive legal representation to individuals in San Antonio who are facing rape accusations. We will aggressively fight to protect your rights, reputation, and future. Remember, you have the right to a fair trial and a strong defense, and we are here to guide you every step of the way.