“This is not a judgment of victims or their experiences. “There’s a big gap between believeablity and provability,” she said. It’s such a specific definition, Moore says, so it’s not enough that a victim says “no.” The DA’s office would have to prove that that “no” was overcome by force. This makes it hard for prosecutors to prove these cases beyond a reasonable doubt. Still, every detective, prosecutor and jury must approach cases with the penal code’s definition as a reference. But these scenarios do not always reflect reality: Only about 10% to 12% of victims in Texas report they were physically injured or threatened during a sexual assault. In Texas, the emphasis is still put on the use of physical force, violence or coercion. Things get more complicated when the statute attempts to define that lack of consent.
HOW TO EXPLAIN REASONABLE DOUBT TO A JURY PROSECUTOR CODE
“That is not what the penal code calls a ‘sexual assault.’”Īccording to the Texas Penal Code, a sexual assault is the penetration of another person’s sex organ, anus or mouth without their consent. They will protect your rights and help you avoid the harshest penalties for your charge.“I’ve seen literature that tells the public, ‘If you’ve been touched in a way you didn’t like, you’ve been sexually assaulted you should report that,’” Moore said. Your attorney will ensure the prosecution meets its high burden for proving your case. If you are charged with a crime and need legal advice, you should contact an experienced Los Angeles criminal defense attorney right away. Contact a Los Angeles Criminal Defense Lawyer For Help Other jurisdictions require the prosecution to disprove your affirmative defense.
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Some jurisdictions require a defendant to prove any affirmative defense they allege to their charge, such as “self defense,” “necessity,” or entrapment. If you choose to do this, you can present your own witnesses and evidence to show that the prosecutor’s claims do not meet the necessary burden of proof for conviction. However, you don’t have to.Īs a defendant, you do have the opportunity to present your case to refute the prosecutor’s claims. During your trial, you will have the ability to question and examine any evidence the prosecutors bring against you. The Burden of Proof as a DefendantĪs a defendant, you have no burden of proof you don’t have to prove your innocence, the prosecutor has to prove your guilt. During a trial, a jury or judge will hear and examine all of the evidence to determine whether you should be found guilty of the charges alleged. If the prosecutor cannot meet their burden, your case should be dismissed or you should be found not guilty. This evidence can be a combination of witness statements, police testimony, video evidence, and any other legal means necessary to secure a conviction. The prosecutor’s job is to present evidence that proves your guilt. This is the highest standard of proof in the law.
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The Burden of Proof as a Prosecutorįor a prosecutor to win their case, they have to prove you guilty beyond a reasonable doubt. The main burden of proof that you will need to worry about in a criminal case is proof beyond a reasonable doubt. This only requires 51% on the “burden of proof scale.” Under a preponderance standard, a plaintiff must prove their case against a defendant is more likely than not true.
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The burden of proof is the minimum level of proof needed to win a case. 5 Contact a Los Angeles Criminal Defense Lawyer For Help.