Sex Crimes · May 30, 2018 0

Sexual Violence Against Children & Texas Law

Of all crimes, sexual violence against children arouses the strongest feelings of revulsion and prejudice that we have.  You are in the toughest legal battlefield of all if you are accused of aggravated child sexual assault.  In reality, you are prejudged; you aren’t presumed innocent.

Your life is on the line.  A conviction in Texas for aggravated child sexual assault, in which a minor under age 14 was seriously injured as a result of inappropriate, forced sex, carries a minimum 25 year prison sentence.

If you have been charged with an act of sexual assault against a minor, you need the strongest most dedicated attorney you can hire.

CHILD SEXUAL ASSAULT & TEXAS LAW

Child sexual assault is committed when an adult intentionally, knowingly and recklessly forces a minor to engage in sexual acts without his or her consent.  A minor is a child under age 17.  The forced sexual activity doesn’t have to be sex with the accused.  It can be with someone else if the accused threatened or forced the minor to submit to unwanted oral or penetrative sex with another.  Since the age of consent is 17 in Texas, blurred line cases occur most frequently with teens ages 14 to 17.

These are complex cases.  A solid criminal defense attorney can help win acquittals or negotiate pleas down from aggravated sexual assault felony charges.

AGGRAVATED SEXUAL ASSAULT OF A CHILD

Aggravated sexual assaults are felonies in the second and first degree.  All sexual assaultive acts involve intentional, knowing and reckless contact with, or penetration of, the mouth or sex organs of the minor.   Aggravated child sexual assaults result in serious bodily injury.   A sexual assault is also aggravated if the child was threatened and/or weapons were used to force submission by the child to unwanted sexual contact.

CRIMINAL PENALTIES FOR AGGRAVATED SEXUAL ASSAULT

Second degree felonies often involve teenagers, not children 13 and younger.  The homeless and runaways aged 14-17 are a particularly vulnerable population.  Child sexual assault charges involving teens and pre-teens merit an especially strong defense.  Testimony, evidence and motive should been stringently examined.  Texas law requires the prosecution to prove penetration and coercion.  If convicted, a second degree felony carries a 20 year prison sentence.  You can also be fined up to $10,000 and must register as a lifetime sex offender.

If the minor is 14 or younger, you are looking at a first degree felony charge for  aggravated sexual assault.  A convictions carries a minimum prison terms of 25 years and registration as a lifetime sex offender.

STATUTORY DEFENSES TO PROSECUTION

Statutory defenses are provided in the Texas Penal Code for accusations of child sexual assault. Consent, for example, is a recognized defense.  It might be the actor thought the minor was aged 17 at the time the sexual activity began and initially it was consensual.  Another consent defense is an age difference of three years or less between the ‘child’ and the accused.  Perhaps the touching was a lawful medical procedure conducted with proper consent.

Other common law defenses include the following

  • Mistake
  • Insanity
  • False accusations
  • Alibi
  • Lack of knowledge or intent

Criminal defense lawyers can identify which defenses to aggravated sexual assault charges apply to the facts of your case and use them to protect you.

FINDING THE RIGHT ATTORNEY FOR YOU

You need an attorney you can trust as well as a skilled, aggressive fighter.  You need someone who understands that you are trying to save your reputation and your life.

All consultations are 100% confidential and the initial meeting is free.

HOUSTON CHILD SEXUAL ASSAULT ATTORNEY