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The offense of sexual assault is located within Texas Penal Code Section 22.011. Texas also has an aggravated sexual assault statute in Texas Penal Code Section 22.021.

A hypothetical offense of forced oral sodomy against another adult is most likely to be charged under Section 22.011(a)(1)(B).

22.011(b) lists the various ways a sexual assault under 22.011(a)(1) is without the consent of the other person.

The Texas Penal Code also defines consent as "assent in fact, whether express or apparent." Texas Penal Code Section 1.07(a)(11).

Under Texas law, the State does not have to offer evidence of a medical examination in order to prove any sexual offense allegation. Such evidence would help, but not having it isn't necessarily fatal to a State's case. Think of child sexual assault cases where there is almost never any medical evidence. The testimony of the sexual assault complainant alone is sufficient to prove an allegation of sexual assault so long as the testimony meets every element of the offense as alleged and the jury believes it beyond a reasonable doubt. See Garcia v. State, 563 S.W.2d 925, 928 (Tex. Crim. App. 1978). In Texas, we call this the one-witness rule (and it applies to all cases). See also Texas Code of Criminal Procedure Article 38.07 (stating that a conviction for aggravated sexual assault is "supportable on the uncorroborated testimony" of a child complainant) and Vilarreal v. State, 470 S.W.3d 168, 170 (Tex. App.--Austin 2015, no pet.). Basically, if a complainant testifies that someone did xy and z, and it meets all of the elements as alleged in an indictment for sexual assault, and the jury believes it beyond a reasonable doubt, then the conviction would stand.

"The jury is the sole judge of credibility and weight to be attached to the testimony of witnesses." Dobbs v. State, 434 S.W.3d 166, 170 (Tex. Crim. App. 2014). It's up to each individual juror to assess this and come to a verdict. What I mean by this, is that jurors are given a great deal of discretion in deciding who to believe and what they think is suffiicent evidence. Finally, jurors are not given a definition of beyond a reasonable doubt in a criminal case, so it's up to them to decide what it means to them. In civil cases, jurors would be given a definition of preponderance of the evidence.
Understood. That’s why I believe IF it goes to trial, Watson’s previous reputation of community service and good citizenship and his recent conflict with the Texans will be very persuasive versus the testimony of multiple “home masseuses” who have come forward sequentially. I doubt the defense attorney has difficulty discrediting both the authenticity and credibility of the testimony DESPITE the number.

Now before everybody blows up, if he is found guilty of one of the allegations I want him to be punished. My point is that it is incredibly hard to prove that this occurred as it is alleged versus whereas medical exam could be indisputable. I have performed multiple rape examinations in the emergency room.
 
Watson’s attorney is fighting back on the numbers game by soliciting affidavits from numerous masseuses who are stating his upright and gentlemanly nature. This has only just begun.
 
Watson’s attorney is fighting back on the numbers game by soliciting affidavits from numerous masseuses who are stating his upright and gentlemanly nature. This has only just begun.

Next step for Buzbee is going to be checking Watson’s search history on adult websites. That’ll be the real tell.
 
Understood. That’s why I believe IF it goes to trial, Watson’s previous reputation of community service and good citizenship and his recent conflict with the Texans will be very persuasive versus the testimony of multiple “home masseuses” who have come forward sequentially. I doubt the defense attorney has difficulty discrediting both the authenticity and credibility of the testimony DESPITE the number.

Now before everybody blows up, if he is found guilty of one of the allegations I want him to be punished. My point is that it is incredibly hard to prove that this occurred as it is alleged versus whereas medical exam could be indisputable. I have performed multiple rape examinations in the emergency room.

we are going “wild” because you just edging did it again. “Home masseuse” is just your veiled way of saying the were hookers and got what they had coming.

for Christ sake. Quit with the damn labeling. Do you realize most sports teams have their own masseuse on paid staff because it is a tried and true medical practice.

we get it, in your mind:

massuese = hooker
Deshaun Watson = local Boy Scout who does no wrong.
 
This thread is becoming too much like typical internet assery. Time to stop all the theatrics and name calling. Let’s try to focus on what the current events regarding this case are and back away from our soapboxes for a while. Whether guilty or innocent, let’s see how it plays out and trust the system.
 
we are going “wild” because you just edging did it again. “Home masseuse” is just your veiled way of saying the were hookers and got what they had coming.

for Christ sake. Quit with the damn labeling. Do you realize most sports teams have their own masseuse on paid staff because it is a tried and true medical practice.

we get it, in your mind:

massuese = hooker
Deshaun Watson = local Boy Scout who does no wrong.

dude- you can't project on me what you think I believe. If I didn't say it, you can't assume that's what I mean. Apparently you ignore the other posts where I say I hope he's punished if he's found guilty. Grow up.

I could use your logic to say your defense indicates you love "home masseuses". But I don't. because that's NOT what you said.

GTFU.
 
Next step for Buzbee is going to be checking Watson’s search history on adult websites. That’ll be the real tell.

Maybe. There is about to be a LOT of character research on ALL parties involved. This is the ugly and expensive part of settlement campaigns. It's about money it and becomes which side is interested is more interested in getting/retaining money versus the fatigue this process brings. And I've seen guys like Buzbee operate first hand. They are like a bulldog on a bone. He wants his money- he's going to keep applying pressure. IMO, it's just a matter of time before he wears Watson down, guilty or not, to get this to stop.
 
Maybe. There is about to be a LOT of character research on ALL parties involved. This is the ugly and expensive part of settlement campaigns. It's about money it and becomes which side is interested is more interested in getting/retaining money versus the fatigue this process brings. And I've seen guys like Buzbee operate first hand. They are like a bulldog on a bone. He wants his money- he's going to keep applying pressure. IMO, it's just a matter of time before he wears Watson down, guilty or not, to get this to stop.

Lol I was just trying to make a joke but I don’t think anything like that would come into play until it becomes criminal charges against him.
 
Interesting take for those who believe Watson community reputation sill matter.
Deshaun Watson's 'good guy' label means nothing
If you’re suggesting that liberal biased fish wrapper from the left coast has any credibiiity, ok.

So are you saying his prior great reputation had ZERO influence on credibility? Because I’m saying in this hearsay case it absolutely does.

Doesn't mean he won’t be found guilty or settle regardless, but IMO it def is somewhat influential.
 
Watson’s attorney is fighting back on the numbers game by soliciting affidavits from numerous masseuses who are stating his upright and gentlemanly nature. This has only just begun.
Hahaha! Is Deshaun trying every licensed masseuse in the country until he finds the one he likes?
 
You can be a great person and still have a sex addiction in one form or the other.

His past or rep doesn't mean crap. All that matters is are these accusers telling the truth. How much would you care about Watsons reputation if one of your daughters were one of the accusers?

I haven't seen any cases where 20+ people come out and its all BS. You can bring up the Duke lacrosse team all you want but its apples and oranges. Where there's smoke........ .


Its actually kinda sad, and infuriating to see some of the replies in here.
 
If you’re suggesting that liberal biased fish wrapper from the left coast has any credibiiity, ok.

So are you saying his prior great reputation had ZERO influence on credibility? Because I’m saying in this hearsay case it absolutely does.

Doesn't mean he won’t be found guilty or settle regardless, but IMO it def is somewhat influential.


I’m saying the article is interesting, that’s it.


However, your definition of this case as a hearsay case is laughable. It surely isn’t. There is actual evidence that exists whether you want to admit it or not. Texts messages, phone records. Video or audio and the NDAs Watson people tried to get some of these women to sign are most assuredly evidence and make this more than a he said she said. It’s clear more than ever that Watsons lawyer Hardin is swimming upstream and that Buzbee has a lot more than has been released to the public.

But yes, I’m saying your assumption that he has a great reputation isn’t relevant. That’s the point of the article. Nobody really knows him that well, damn sure not you unless you are hiding a connection to Watson and in that case your position would make sense. I live in Houston. Watson doesn’t so much here, this was JJ Watts town. Watson isn’t very involved in the community. The fact he has never been arrested or in trouble before this could be said about a lot of the most vicious criminals in our history. Ted Bundy was a budding political superstar before he got arrested.

Keep something in mind. If this goes to a civil or criminal jury. The jury won’t be made up of NFL players or Millionaires. It will be made up of men and women who don’t have millions of dollars or the power he has and they will have a tough time understanding why a professional athlete in a committed relationship and with access to an NFL training staff and the best physical care imaginable would violate CDC guidelines, NFL COVID rules and seek out dozens of random women on Instagram for the purposes of massage and what he now claims was consensual sex and then starts asking for NDAs before and after. Which Buzbee has copes of , plus more proof he claim. Watsons lawyer claims Watson was being blackmailed by one of these woman. So instead of hiring a lawyer, or contacting the police he does what? He demands a trade out of Houston.

You see where this is going now? You don’t see the tremendous amount of thick bling smoke?

He is admitting to the sex now, but saying it was consensual. Before it was nothing happened. Now the story is if something happened it was consensual.

Watson absolutely deserves his day in court and he will get it. I agree with you that we don’t, none of us know exactly what happened. But it is clear something happened. This isn’t a completely made up conspiracy.
 
I’m saying the article is interesting, that’s it.


However, your definition of this case as a hearsay case is laughable. It surely isn’t. There is actual evidence that exists whether you want to admit it or not. Texts messages, phone records. Video or audio and the NDAs Watson people tried to get some of these women to sign are most assuredly evidence and make this more than a he said she said. It’s clear more than ever that Watsons lawyer Hardin is swimming upstream and that Buzbee has a lot more than has been released to the public.

But yes, I’m saying your assumption that he has a great reputation isn’t relevant. That’s the point of the article. Nobody really knows him that well, damn sure not you unless you are hiding a connection to Watson and in that case your position would make sense. I live in Houston. Watson doesn’t so much here, this was JJ Watts town. Watson isn’t very involved in the community. The fact he has never been arrested or in trouble before this could be said about a lot of the most vicious criminals in our history. Ted Bundy was a budding political superstar before he got arrested.

Keep something in mind. If this goes to a civil or criminal jury. The jury won’t be made up of NFL players or Millionaires. It will be made up of men and women who don’t have millions of dollars or the power he has and they will have a tough time understanding why a professional athlete in a committed relationship and with access to an NFL training staff and the best physical care imaginable would violate CDC guidelines, NFL COVID rules and seek out dozens of random women on Instagram for the purposes of massage and what he now claims was consensual sex and then starts asking for NDAs before and after. Which Buzbee has copes of , plus more proof he claim. Watsons lawyer claims Watson was being blackmailed by one of these woman. So instead of hiring a lawyer, or contacting the police he does what? He demands a trade out of Houston.

You see where this is going now? You don’t see the tremendous amount of thick bling smoke?

He is admitting to the sex now, but saying it was consensual. Before it was nothing happened. Now the story is if something happened it was consensual.

Watson absolutely deserves his day in court and he will get it. I agree with you that we don’t, none of us know exactly what happened. But it is clear something happened. This isn’t a completely made up conspiracy.

I sense it matters a lot to you that Watson is found guilty and punished. don’t be disappointed if it settles.
 
don’t be disappointed if it settles.


I’m not going to be disappointed. I want Justice done. If he settles regardless of why he settles justice is done because the plaintiffs decided what was best for them. If he is charged and convicted or not charged and found not guilty or not changed at all justice is done.

He should get his opportunity to be judged.
 
Interesting take for those who believe Watson community reputation sill matter.
Deshaun Watson's 'good guy' label means nothing

I agree that a person's reputation has an ability to propel them from escaping legal consequences even when legal liability or criminal culpability have been proven and a person's reputation alone should not completely matter. However, in my opinion, this article undermines its own credibility by writing:

"So you can side-eye Buzbee and hold your tongue until the legal process plays out, leaving open the possibility that Watson is innocent. Perhaps he is. But if you ASSUME he’s innocent automatically — or you pen defensive columns and tweets and dance around making that assertion outright — then you’re reinforcing the entire “good guy” defense apparatus that has both destroyed and silenced so many women."

While in a civil case, a presumption of innocence doesn't really apply, the Plaintiffs still ultimately carry the burden of persuasion, which in this particular type of civil case is preponderance of the evidence. While it is a lower burden, it is still a burden on the Plaintiffs. None of the so-called evidence either side says they have has been tested in a court of law (allegations in petitions aren't considered evidence, text messages have to be proven up, etc.), people who are keeping an open mind or "assuming Watson is automatically assumed innocent," would not be, in my opinion, necessarily reinforcing a good guy stereotype so to speak. I've been involved in the legal system for too long and I guess I am hardwired to not automatically believe every accusation that is leveled against a person, whether they are this great person, or an utter POS. Watson rejected a settlement, denies any wrongdoing, and wants his day in court. In my view, let them go to court and let the facts be heard and decided by a jury.

What Watson is being accused of is serious and pretty horrific. The alleged victims should be treated with the utmost dignity and respect, and be allowed to make their case against Watson and not automatically presumed to be liars, whores, money seekers, whatever else people would stupidly assume. At the same time, Watson should also be treated with respect as well and given his opportunity to have the allegations tested in a court of law. If the Plaintiffs are successful, throw the book at Watson in terms of civil liability.

In addition, to me, the above quote from article is the exact opposite of the principle that the entire system of criminal justice in this country is founded upon: innocent until proven guilty.

Every criminal jury charge in Texas has some form of this instruction:

A Grand Jury indictment is the means whereby a defendant is brought to trial in a felony prosecution. It is not evidence of guilt nor can it be considered by you in passing upon the question of guilt of the defendant. The burden of proof in all criminal cases rests upon the State throughout the trial and never shifts to the defendant.

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with the offense gives rise to no inference of guilt at his trial. The law
does not require a defendant to prove his innocence or produce any evidence at all. The presumption of innocence alone is sufficient to acquit the defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant's guilt after careful and impartial consideration of all the evidence in the case.

Watson could be a serial sexual predator. It's also possible that all of the allegations against him won't hold up to scrutiny. It's possible that some of the allegations are legit and some are full of crap and something else in between. People should keep an open mind and not assume anything about anyone. Let the system play out.
 
except as a lawyer you know the system is full of crap.

innocent people are found guilty all the time, guilty people are let go all the time.
 
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