Advances in technology have changed the way criminal cases are handled, and some advances can help a defendant prove his or her innocence. For example, in many cases, DNA testing can help prove that a defendant was wrongfully charged or convicted of sexual assault. In a recent Texas case, the court analyzed what a defendant must show to obtain post-conviction relief due to DNA evidence. If you live in Texas and are accused of sexual assault, it is in your best interest to speak with a skillful Texas sex crime defense attorney to discuss your rights.
It is reported that the victim and her date were sitting in a car in a park when they were approached by three men. The men robbed the victim and her date at gunpoint, forced the date to exit the vehicle, and then drove the victim to a wooded area of the park where she was raped. Two hours after the assault, the victim underwent a rape examination at a hospital. The sexual assault kit was then submitted to a testing facility.
Allegedly, the defendant was identified by the victim in a photo lineup and was subsequently charged with aggravated sexual assault and aggravated robbery. He was convicted and sentenced to 45 years imprisonment. Several years later, he filed for post-conviction DNA testing. His motion was granted, and testing was conducted on the specimens collected from the victim. The test results stated that the defendant could not be excluded as a possible contributor of the DNA.