Sex crime charges can be common on college campuses as they can involve young people who may be in a situation where they are away from home for the first time and do not understand their actions and potential consequences of those actions yet. Their situation is not as structured as it was in the past.
People do things or are accused of doing things they might not have done had they not been under the influence of alcohol and/or drugs that reduce a person’s inhibitions. The individual is not able to control their emotions as well as when they are not intoxicated, and they do not understand yet what the consequences of their actions could be in these instances. If you are student facing charges of a sex crime, you need the help of a Lubbock sex crimes student attorney who will explain these potential consequences and be able to build a defense for your case.
Common Campus Crimes
The Texas statute holds that a sexual assault can carry with it a sentence up to life in prison. A person can be charged with other more minor offenses like indecency by exposure or unwanted touching, which do not rise to the level of a sex assault as there is no penetration, but will still warrant penalties. Sexual assault is the most serious sex crime that can be common on campuses. A student sex crimes attorney in Lubbock will be beneficial for each level of sex crime offenses on a campus.
Pornography is not illegal in Texas. There are issues, potentially, with pornography on school property as it sometimes may be against the code of conduct. If there are other allegations such as a claim of a sexual assault, the district attorney’s office may be able to issue a subpoena to search for information on laptops, computers, and cell phones.
Penalties and Consequences
When there is an allegation of a sex crime made, the student does not even have to be charged criminally because there are two cases that take place. There is the criminal case and there is also the student code of conduct. These cases are in the news under Title 9 of the US Code. Almost all colleges have to take certain evaluations and investigations with these types of charges. If they do not, the university is at risk of losing funds or being sued. There can be a situation where the criminal case is dismissed because there is not enough evidence to bring a charge against the student. However, the student faces this type of a campus investigation that can lead to being expelled or suspended.
When a person is convicted or potentially pleads to a deferred on a case, in addition to the consequences of prison time, they could be required to be on the sex offender registration for the rest of their life. There are multiple things the person must do to be in compliance with the sex offender registry. If they violate the requirements for sex offender registry in Lubbock, they are facing prison time.
Working with a Student Defense Attorney
When there is any type of allegation, the student accused should hire a student sex crimes attorney in Lubbock who understands the criminal law and knows how to deal with the university regarding Title 9 investigations. A person has a right to have their attorney present at the hearing in Lubbock. However, it is not a formal criminal case, so there can be issues as to how an individual can cross-examine the accused or the witness. Sometimes, cross-examination is only allowed to be done by questions. They attorney must do their own research and they must have their investigator meet with witnesses and look at the evidence. The attorney can put together a series of written cross-examination questions to be submitted during the hearing.
That way, if the university does not allow basic due process, there may be an issue when the hearing goes against the student. The attorney may be able to appeal to the district court to get an injunction to keep the student in school. It is important for the student to get an experienced Lubbock student sex crimes lawyer on board as soon as possible.