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Cultural Issues in Texas – Criminal Defense Practice
A Mexican national charged with aggravated sexual assault of a child was recently defended by the firm in College Station, Texas. The accused was an illegal alien in his early twenties who, at the age of 19, impregnated a 12-year-old girl. She was also of Mexican descent. After the girl was delivered, law enforcement in Bryan, Texas stepped in, identified the young man as the father, and filed charges for one of the most common sex offenses in Texas.
The investigation continued and we quickly learned that the client and the alleged victim were in a romantic relationship. He had approached the girl’s parents and asked permission to go out with her. The parents were also Mexican nationals. They had come to the United States years ago to improve their lives. Unsurprisingly, their cultural background (based in agricultural Mexico) influenced their worldview. They agreed to allow their 12 year old daughter to see our 19 year old client.
From our cultural perspective, the age difference between our client and the girl seemed too unreasonable. However, we researched cultural norms in Mexico regarding dating and marriage, we found that in agricultural Mexico, young men and girls began to regularly date and marry a very young age.
Both the client’s worldview and that of his girlfriend were shaped by Mexican cultural influences. He was not a sexual predator as the prosecutor tried to portray him. Rather, he was a young man isolated by linguistic, economic and cultural barriers who fell in love with a young girl. A bit like the relationships that develop every day in Mexico. We hired a Mexican cultural expert who helped the jury understand the motivation behind his behavior. We were unsuccessful in acquitting the client of the charge of sexual assault. However, we managed to convince the jury that probation was the appropriate sentence. Rather than the 15 years of hard work demanded by the prosecutor, our client received 10 years of probation.
Texas defense attorneys need to explore criminal defense cultural issues in more detail. Cultural influences shape how different people perceive reality and guide their decisions. Judges and juries must be trained in this regard to ensure that the US justice system operates fairly and equitably when people from different cultures commit crimes, especially in Texas.
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