What Should You Do if You’re Accused of Sexual Assault in Texas?

At Deandra Grant Law, Attorney Douglas Huff has defended clients against sexual assault allegations throughout his career. Doug understands that the people sitting across from him in these consultations are often in the worst moment of their lives — confused, scared, and desperate for someone to tell them what to do. This is what Doug tells them.

Do Not Talk to the Police Without an Attorney

This is the single most important piece of advice, and it is the one that people most often ignore. When you are accused of a sex crime, law enforcement will want to talk to you. They may call you, show up at your home, or contact you at work. They may tell you that they just want to hear your side. They may suggest that if you cooperate, the situation will be resolved. They may imply that refusing to speak makes you look guilty.

None of this is true. Law enforcement officers are legally permitted to lie to you during an investigation. Their goal is to build a case, and anything you say, even statements you believe are exculpatory, can be used to do exactly that. An innocent statement about where you were or what you were doing can be twisted into an inconsistency that undermines your credibility. A denial can be compared to other evidence and used to argue consciousness of guilt.

Exercise your Fifth Amendment right to remain silent. Tell the officer: “I want to cooperate, but I need to speak with my attorney first.” Then call Doug Huff immediately.

Do Not Contact the Accuser

The instinct to reach out to your accuser to ask why they are saying this, to try to resolve the situation, to express anger or disbelief is natural. It is also extremely dangerous. Any contact with the accuser after an allegation has been made can be used against you. A text message, a phone call, a social media message, even contact through a mutual friend can be characterized as intimidation, harassment, or witness tampering. Prosecutors routinely use post-accusation contact as evidence of consciousness of guilt.

Do not contact the accuser. Do not contact the accuser’s friends or family. Do not post anything about the accusation on social media. Do not discuss the situation with anyone except your attorney.

Preserve Every Piece of Evidence You Have

In sex crime cases, the evidence that proves your innocence may already be in your possession but it can disappear quickly if you don’t act:

• Text messages and communications. Save every text, email, direct message, and social media communication between you and the accuser. Screenshot them. Back them up. These communications may establish consent, contradict the accuser’s timeline, or reveal a motive to fabricate.
• Photos, videos, and location data. Check your phone for photos, videos, and metadata that can establish where you were and when. Check your Google Maps timeline, Uber and Lyft ride history, credit card statements, and any other records that document your movements.
• Witness information. Identify anyone who was present during the relevant time period or who may have observed your interactions with the accuser. Write down their names and contact information while your memory is fresh.
• Surveillance footage. If the relevant events occurred at a bar, restaurant, hotel, or other location with security cameras, that footage may be overwritten within days or weeks. Your attorney can send a preservation letter immediately.

Understand That the Investigation May Take Months

Sex crime investigations in Texas are rarely resolved quickly. After a report is made, law enforcement may conduct interviews, collect physical evidence, review medical records, analyze electronic devices, and consult with prosecutors before deciding whether to present the case for indictment. This process can take weeks or months. During that time, you may not be arrested or charged but you should not mistake silence for resolution. The investigation may be continuing, and having defense counsel involved from the beginning is critical.

Hire an Attorney Who Handles Sex Crime Cases

Sex crime defense is specialized work. The evidence issues, the forensic science, the dynamics of accusation and credibility, the sentencing consequences, and the collateral impact of sex offender registration all require experience that most criminal defense attorneys do not have. Doug Huff has built his career defending serious criminal charges including sexual assault allegations. His forensic science credentials mean he can challenge the government’s forensic evidence at a scientific level. sentencing.

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 case review 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.

If your case is in Dallas County or Tarrant County, see how we handle sexual assault defense in Dallas and sexual assault defense in Fort Worth.