Houston Texans Minority Owner Has Rape Charge Dismissed

Houston Texans minority owner Javier Loya had a rape charge and 6 counts of sexual abuse dismissed after agreeing to a misdemeanor plea of harassment in a Kentucky court on Monday, April 8, 2024.

The initial offenses, charged in May of 2023, reportedly stemmed from parties Loya held at his home in Louisville in May of 2022, according to Fox affiliate WDRB in Louisville.

WDRB said the incidents occurred when Loya hired “female models from a local agency” to attend the parties, which he held for male friends. Several women later claimed that Loya spoke to them or touched them in a sexual manner without their consent.

Loya has “vigorously denied” those claims since they were made, his attorneys said.

Plea deal substitutes lesser charge

The TV station reported that Loya made an “Alford plea” Monday, which is a guilty plea by a defendant who does not admit to an act but acknowledges that evidence might lead to a conviction and accepts a sentence despite asserting his innocence.

That move was part of a plea deal with prosecutors. It led to the initial counts being dismissed in favor of an amended misdemeanor charge of harassment with physical contact. That offense is a Class B misdemeanor in Kentucky.

Loya must now pay a $100 fine. He also faces a 90-day jail sentence that will be conditionally discharged as long as he stays out of trouble for the next 2 years. If he does, prosecutors will also set aside the guilty plea, and he will be able to have the case expunged, or erased, from his record.

Loya will also not be allowed to have any contact with the alleged victims.

All 7 initial counts were dismissed

Loya’s attorney said in a statement that “after a thorough examination of evidence over the last year, the prosecution has dismissed all seven counts.” The 7 initial counts included: 

• 1 count of first-degree rape
• 5 counts of first-degree sexual abuse 
• 1 count of third-degree sexual abuse

In dismissing those charges, prosecutors told the judge there were evidentiary issues, though they did not go into detail during Monday’s court hearing about why the charges were dismissed.

For their part, defense attorneys implied that text messages between the alleged victims may show that Loya was the target of a scheme by them.

Accusations can subvert due process

Loya’s attorney said that while the Houston businessman still expressed his innocence, the process has been “very difficult for him and his family.”

“Throughout this ordeal, Mr. Loya had unwavering faith in the legal system despite enduring intense public scrutiny and prejudgment before due process was completely afforded to him,” the attorney said in a statement. “With this resolution, Mr. Loya will focus on family and a return to normality.”

Due process is a legal principle for criminal and civil cases that ensures fair treatment and respect for the legal rights of anyone who is accused. As part of the Fifth and Fourteenth Amendments, due process is a right guaranteed by the United States Constitution to ensure that everyone has their “day in court.”

Defendant is NFL’s first Hispanic owner

According to the Houston Chronicle, Loya is chairman and CEO of OTC Global Holdings, which he co-founded. He has been a limited partner of the Texans since the team’s first season in 2002. By purchasing a minority stake in the Texans, Loya became the NFL’s first Hispanic owner of a team.

The Texans have not yet released a statement on Monday’s developments in the case. Loya has been on a leave of absence from the team and its activities since the charges were made last year.

Get a skilled Houston-area sex crime defense lawyer

If you or a loved one in the Houston area faces an accusation or charge of a sex crime, you must get an experienced, knowledgeable and skilled sex crime defense lawyer or attorney to fight for your legal rights.

After all, sex crimes can bring harsh punishments upon conviction, especially in Texas.

If convicted of the sexual assault of an adult in Texas, a defendant may face between 5 and 20 years in state prison. If a child under 6 years old was involved, that is a first-degree felony for which the prison sentence can be at least 25 years or can be the maximum sentence of 99 years in prison.

Defendants who have a prior conviction for a violent sexual assault can face a sentence of life in prison without a chance of parole if they’re convicted of a first-degree felony for sexual assault.

Texas laws for the lesser offense of indecent assault can also call for prison time.

That crime occurs when someone makes sexual contact with another person without their consent and with the intent of sexual gratification or arousal of themselves or someone else. Punishments can include up to 1 year in prison and a fine of as much as $4,000.

A sexual harassment allegation or charge can also have a severe impact on an accused person.

That person can lose their job and have their reputation tarnished, and possibly ruined, when faced with an allegation of sexual harassment, even if the claim later is proven to be false.

Defenses against Texas sexual assault charges

Your sex crime defense attorney can use a number of different defenses against a Texas sexual assault charge, depending on the nature and circumstances of the case.

One defense may be establishing mistaken identity by arguing that the defendant was not, in fact, the person who committed an assault.

A defense lawyer may also be able to establish that an alleged sex crime victim provided consent to the sex act.

When a charge is made for aggravated sexual assault—which means weapons, violence, injuries or threats of violence were involved—a defense attorney may be able to disprove the “aggravated” element of the charge, which makes an assault charge even worse.

Contact us today at the award-winning and peer-honored Neal Davis Law Firm to arrange a confidential consultation for your sex crime case.