Possible wrongful conviction could open review for other cases

Posted By Law Offices of Jeffrey C. Grass || 21-Nov-2012

Four Texas women were charged and found guilty of sexually assaulting two girls after a doctor testified that there were signs of sexual abuse. Their case has sparked cries from family members and advocates for their release who believe they were wrongfully convicted of sexual assault.

The woman who was considered the "ringleader" was sentenced to 40 years in prison and the three other females were sentenced to 15 years in prison. Advocates have been working to get the women exonerated after one of the alleged victims recanted her allegations.

In addition, advocates and their defense attorneys didn't think the medical testimony of the doctor who examined the girls was correct. During the trial, the doctor testified that both girls had physical signs of "healed trauma," which often indicates sexual trauma. However, during cross-examination, the doctor testified that while the girls showed signs of sexual assault there was no way to tell how long the scars had been there or if they were accidental.

Advocates for the women's release are trying to get the pictures from the girls' medical examinations to determine if the doctor's testimony was based on reliable evidence. Advocates and the women's defense attorneys have continued to work on getting their convictions exonerated.

This case has gained a lot of attention in Texas. The Innocent Project of Texas said that this case could have a huge impact on other sexual assault cases if the women are freed. They also said that this case represents several cases where incorrect or insufficient forensic evidence has led to wrongful convictions.

Other sexual assault cases in Texas could be reviewed if the women are exonerated. In the past, only 20 child sexual abuse cases have been overturned in Texas, according to the National Registry of Exonerations. Two of those cases involved "misleading forensic evidence" and two others involved female defendants.

While advocates have increased awareness of this case and the possibility of getting the women exonerated, the process is not easy or fast. Exoneration can take years as lawyers have to file a petition to the state court, where the court will then send a recommendation to the Texas Court of Criminal Appeals to determine the women's fate.

Source: My High Plains, "Sexual Assault Case Could Open Door for Reviews," Maurice Chammah, Nov. 19, 2012

Our law firm represents individuals charged with sex crimes and other criminal charges. To learn more about our law firm, please visit our Texas sex crimes page.