Legal Question in Criminal Law in Texas

Could a medical condition be evidence for the defense in a sexual assault case?

Could the Texas Penal Code definition of ''sexual contact'' be disputed if a due to a medical condition at the time of allegation in which they were in a state of health where ''sexual gratification or arousal'' was medically improbable at the time?

Defendant had severe epeditimytitis(sp?)with a UTI and possible kidney stones. The condition causes severe pain of the scrotum,and lower abdomen,is aggrevated by exrenuous exercising(defendant was a police officer.) It was unlikely that the defendant who is charged with ''sexual assault of a child''(F/15)- would have wanted to arouse or gratify as described as ''sexual contact'' in the Texas Penal Code. (Successful Argument?) Defendant has Medical records dated PRIOR to the allegations. No other evidence,it he said/she said. Also, would the defendant have the right to demand a Physocological evaluation on this girl. She has a history of lying, and flamboyant behavior (called a bomb threat on her school.) She's been arrested for shoplifting 3 times, CPS removed all children several times. On the other hand the defendant has exlemplary moral character and has NEVER been in trouble of any kind.


Asked on 12/30/03, 10:25 am

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Could a medical condition be evidence for the defense in a sexual assault ca

With regard to the first question, "Could the definition of sexual contact be disputed due to a medical condition at the time of allegation in which the Defendant was in a such a state of health where 'sexual gratification or arousal' was medically improbable at the time?" Under the circumstances you describe, and depending on the rest of the facts of the case, it is an avenue well worth investigating. However, it will take more than medical records, it will also require a medical expert,i.e., a medical physician in that field.

As to your second question, ..."would the defendant have the right to demand a Physocological evaluation on this girl?" I am assuming you mean Psychological exam rather than a Physiological exam. No, in either case. I am not aware of any provision in the Texas Code of Criminal Procedure that authorizes the defense to make such a request. However, the information you have appears to be helpful, depending on verification of the information and the witnesses to corroborate that verification.

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Answered on 12/30/03, 12:37 pm


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