Section 2102 Continuous Sexual Abuse of Young Child or Children
Continuous Sexual Abuse of a Child in Texas
Houston criminal defense lawyer Neal Davis defends the legal rights of Texans accused of the most serious offense outside of capital murder
To be accused of sexual assault of a child is a life-altering event. Within this category is an even more serious offense: continuous sexual abuse of a child or children.
Based on the law and sentencing, this criminal charge is the most serious offense a person can commit outside of capital murder.
Have you or a loved one been accused of continuous child sexual assault? We're sorry this devastating thing is happening to you and your family. Confusion, fear, stress, anxiety - these are just some of the emotions you are likely experiencing right now. In times like this, it's important to remember you don't have to face this alone.
If you or a loved one have been accused of committing crime of continuous sexual assault of a minor, you're in for the literal fight of your life. When the stakes are so high, it is imperative you contact an experienced defense attorney with a strong record of success to discuss your case immediately.
EXPERIENCE, PASSION & SKILL - MAKE SURE YOUR CRIMINAL DEFENSE LAWYER HAS THESE QUALITIES.
Discuss your case with Neal Davis, a highly respected Houston sex offense attorney, if you're serious about protecting your legal rights.
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What Does Continuous Sexual Abuse of a Minor Mean?
According to Texas sex offense law, a person over the age of 17 commits the criminal act of continuous sexual assault of a minor if they engage in two or more acts of sexual abuse, within a 30-day period, with a child (or multiple children) under the age of 14.
"Sexual abuse" is defined by the state of Texas as:
- Aggravated kidnapping (if the actor committed the offense with the intent to violate or abuse the victim sexually)
- Sexual assault
- Aggravated sexual assault
- Burglary (if the actor committed the offense with the intent to commit a sexual offense)
- Indecency with a child (if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child)
- Sexual performance by a child
- Trafficking of persons
- Compelling child prostitution
In a continuous child sexual assault case, the jury does not have to unanimously agree on which specific type of sexual abuse was committed by the defendant or when these criminal acts actually occurred. They must, however, all agree that the defendant committed at least two sexual acts within a 30-day period in order to deliver a guilty verdict for continuous sexual abuse of a child.
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Continuous Sexual Abuse Penalties in Texas
The Texas Penal Code clearly states the punishments for being convicted of continuous sexual abuse of a young child or children, saying:
"An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years."
In addition to state prison time, a person convicted of a first-degree felony is required to register as a sex offender and may face up to $10,000 in fines - not to mention any damages awarded to the victim in civil court.
Repeat offenders, or a person who has a prior sex offense conviction on their record, are automatically sentenced to life imprisonment.
Unlike other sex offenses, there is no early release option for a person convicted of continuous sexual assault of a child, nor is probation or deferred adjudication available.
Continuous Sexual Assault of a Child Defenses
Even if you believed that the minor was at least 18 years old, your knowledge of the victim's age is not a valid defense in Texas - regardless of how sensible your belief was. However, everyone is guaranteed the right to a fair trial and an experienced lawyer can help you construct a strong legal defense.
While other criminal charges might be filed against a defendant, there are three affirmative defenses that may prevent a person from being prosecuted for committing continuous child sex abuse. Defendants cannot be charged with this specific offense in the following scenarios:
- Age. If the accused was not more than five years older than the youngest victim at the time the alleged abuse was committed.
- Consent. If the accused did not use force, duress or a threat against the victim/s during any sexual encounter.
- Record. If the accused was not required to register for life as a sex offender or had not received a conviction or adjudication for sexual abuse at the time the alleged sex act was committed.
Our skilled trial defense attorneys may also question the prosecution's witness in order to expose false allegations. For example, we may try to get the testimony of an ex-spouse thrown out of court by proving an ulterior motive of revenge or investigating evidence that the child was coached into claiming assault.
Ultimately, the prosecution must prove your guilt "beyond a reasonable doubt," showing clear physical evidence that sexual abuse occurred within a 30-day period, or else your charges being reduced or dropped altogether. At experienced defense attorney can make sure your constitutional rights are protected.
"Neal represented our son and the case against him was dismissed, while other attorneys we consulted primarily focused on explaining their fees and pushed us to settle. Neal took time to understand our needs and truly appreciate our values and to convey to the Court, the District Attorney and the Judge the true essence of the case details and the circumstances of how our son was himself victimized, versus treating us as another case. He saw the case through to the utmost extent of the law, so our son, who is an honor student, was completely exonerated, and he made sure that support and professional help were in place during the experience. He declined the court's offer of a 2-year probation and pushed harder with the D.A. even though we had already paid him his fees. Most attorneys would have simply walked away at that point; however, Neal wasn't satisfied with the results and had the case reset since he knew it was not a fair result for my son. In the end, the case was dismissed."
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Contact a Houston Child Sex Abuse Defense Lawyer
The Texas sex crime defense lawyers at the Neal Davis Law Firm have decades of experience handling cases just like yours and we have successfully defended clients in Harris County, Montgomery County, Fort Bend County and throughout Texas. We are often able to resolve cases quickly and quietly, without the need for trial. In trial, we have obtained several acquittals and mistrials (followed by dismissals) and won reversals on appeal.
CONTACT US TODAY TO SCHEDULE AN APPOINTMENT.
YOUR LIFE IS ON THE LINE AND WE ARE READY TO FIGHT.
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