Category Archives: Sexual Assault

Texas Outcry Statute Expanded to Children Under 18

Outcry testimony is frequently used in child sexual abuse cases in Texas. For years, the statutory procedural rules governing outcry testimony have worked like…

Extraneous Offense Evidence: The Enemy of the Right to a Fair Trial

More than four decades ago, the First District Court of Appeals, based in Houston, defined an extraneous offense as: “… any act or misconduct,…

HPD on Rebound After Closing Thousands of Sex Crimes Cases for “Lack of Personnel”

Since 2016, the Houston Police Department (HPD) has received 2.8 million crime reports. During part of those eight years, HPD used a code called…

The Inherent Prejudice of Extraneous, Bad Act, Evidence in Sex Cases

The rules of evidence generally prohibit the use of crimes, wrongs, or other bad acts to prove a person’s character to show that a…

Five Ways Out of a Texas Sexual Assault

Most people associate sexual assault with rape. Under the Texas law, however, sexual assault covers both non-consensual sexual acts and consensual ones. That means…

Texas Assault and Sexual Assault: When Are Penalties the Same?

The terms assault and sexual assault are likely create two stark pictures. The truth, however, is that while they are two separate acts, these…

“Super Aggravated Sexual Assault” — What Does That Mean in Texas?

Texas doesn’t mess around with sex crimes. Legislators have created different levels of offenses to maximize the potential punishment to perpetrators, including super aggravated…

Man Convicted of Sex Crime, Exonerated After 17 Years in Prison Cannot Sue Prosecutor

Justice is sometimes blind to justice. Justice was indeed blind in the Brandon Lee Moon case. He served 17 years in prison as a…

The Feds are Investigating Harvey Weinstein… But Should They?

Manhattan federal prosecutors recently opened an investigation into the disgraced movie mogul Harvey Weinstein. This is in addition to the sex crime charges he…

How Marital Status Can Enhance Texas Sexual Assault Penalties

A recent case reveals how Texas law employs harsher punishments for sexual assault in marriage. How exactly does that work? Here is the case…

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