One of the most alarming realities of Texas sex crime law is that a person can be arrested, indicted, prosecuted, and convicted of sexual assault based solely on the testimony of the accuser. There is no legal requirement for physical evidence, DNA evidence, medical evidence, eyewitness corroboration, or any other evidence beyond the accuser’s statement. If a jury believes the accuser’s testimony beyond a reasonable doubt, that testimony alone is legally sufficient to support a conviction.
At Deandra Grant Law, Attorney Douglas Huff has defended numerous clients in cases built entirely on an accuser’s word. Doug understands the unique challenges these cases present and the specific strategies required to expose weaknesses in accusation-only prosecutions.
Why Texas Law Allows Conviction on Testimony Alone
Under Texas law, the testimony of a single witness is sufficient to support a conviction for any offense, including sexual assault. This principle is codified in the Texas Code of Criminal Procedure and has been repeatedly upheld by Texas appellate courts. There is no “corroboration requirement” for sexual assault charges in Texas. The rationale is straightforward: sex crimes often occur in private, without witnesses, and requiring corroboration would make many legitimate cases impossible to prosecute.
The practical consequence, however, is that the accused person’s freedom depends entirely on credibility. Whose version of events the does the jury believe? This makes the defense attorney’s ability to investigate, prepare, and present a credibility challenge absolutely essential.
How Accusation-Only Cases Are Built
The Outcry Statement
In Texas, the first person to whom the accuser discloses the alleged assault is called the “outcry witness.” Under Article 38.072 of the Texas Code of Criminal Procedure, the outcry witness’s testimony about what the accuser told them is admissible as an exception to the hearsay rule. This means the jury hears the accusation not once but twice. First, they hear from the accuser and then the outcry witness which can create an impression of corroboration even though both statements originate from the same source.
The Forensic Interview
In cases involving children, a forensic interview is typically conducted at a children’s advocacy center by a trained forensic interviewer. These interviews are recorded and are often presented to the jury as powerful evidence. However, forensic interviews are not infallible, i.e. leading questions, interviewer bias, and the suggestibility of child witnesses can produce unreliable statements that carry enormous weight with juries.
The SANE Exam
A Sexual Assault Nurse Examiner (SANE) may conduct a medical examination of the accuser. Even when the SANE exam finds no physical evidence of assault, prosecutors may argue that the absence of physical findings is consistent with assault. This conclusion, while medically accurate in some circumstances, allows the prosecution to turn a negative result into a neutral one rather than an exculpatory one.
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How Doug Huff Defends Accusation-Only Cases
- Comprehensive investigation. Doug conducts an independent investigation of the facts, timeline, and circumstances surrounding the accusation. This includes examining the accuser’s statements for inconsistencies, identifying potential witnesses the police did not interview, and obtaining records that may contradict the accuser’s account.
- Motive-to-fabricate analysis. In many accusation-only cases, there is an identifiable motive for the accusation: a custody dispute, a relationship breakup, revenge, financial motivation, or pressure from family members. Doug identifies and documents these motives to present to the jury.
- Expert witnesses. Doug retains qualified experts in forensic interviewing, child psychology, memory science, and other relevant disciplines to educate the jury about the limitations of accusation-based evidence and the factors that can produce false allegations.
- Cross-examination. In cases built on the accuser’s credibility, cross-examination is the most important tool in the defense arsenal. Doug’s trial experience, honed through years at the Dallas County Public Defender’s Office and as a senior trial attorney at Deandra Grant Law, allows him to conduct thorough, effective, and respectful cross-examination that exposes inconsistencies without alienating the jury.
The Stakes Are Too High for Passive Defense
A sexual assault conviction in Texas is a second-degree felony carrying 2 to 20 years in prison, a fine of up to $10,000, and lifetime sex offender registration. Aggravated sexual assault is a first-degree felony carrying 5 to 99 years or life. When your freedom depends on a credibility contest, you need an attorney who will actively and aggressively investigate, prepare, and try the case. Doug Huff provides that level of defense.
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Contact Deandra Grant Law
If you or someone you love is facing a sex crime accusation in Texas, contact Deandra Grant Law for a free, confidential consultation with Attorney Douglas Huff. Doug is a Partner at Deandra Grant Law and a senior trial attorney who has defended clients against sexual assault allegations, violent felonies, and other serious criminal charges throughout his career. He holds the ACS-CHAL Forensic Lawyer-Scientist designation and has been recognized as a published author and national lecturer on criminal defense strategy.