Continuous Sexual Abuse of a Child in Texas

If you have been accused of sexual abuse of a child, then you need to hire a professional Denton sex crime attorney as soon as possible.

Denton criminal defense lawyers at Marsala Law Group defend the legal rights of Texans who have been accused of one of the most serious crimes.

To face an accusation of sexually assaulting a child is a life-altering event.  Based on the letter-of-law and the corresponding punishments, this criminal charge is the most serious offense a person can commit, with the exception of capital murder. 

Have you, or someone you care about, been accused of continuous child sexual assault?  In times like this, it’s important to remember you don’t have to face this alone – even when it seems the world is against you, there are people who want to help you maintain your way of life.

Legal defense against continuous sexual assault of a minor in Texas

If you have been accused of this type of crime, you are going to have to fight for your life.  When the stakes are this high, it is exceedingly important for you to contact, and hire, an experienced defense attorney with a strong record of success to defend you in court.

What is Continuous Sexual Abuse of a Minor?

According to Texas sex crime laws, 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 the time-frame of 30 days, with a child (or multiple children) under the age of 14.  “Sexual abuse” is defined in 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 members do not need to unanimously agree on which type of sexual abuse was committed by the defendant.  Though, they do need to agree that the accused committed at least two sexual acts within a 30-day period in order to deliver a conviction for the continuous sexual abuse of a child crime.

Continuous Sexual Abuse Penalties in Texas

The Texas Penal Code states the punishments for being convicted of continuous sexual abuse of a single child or multiple children:  “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 – and may be held responsible for an damages the victim has suffered as a result of the crime.  Repeat offenders, are automatically sentenced to life in prison.

Early release is not an option for someone convicted continuous sexual abuse, nor is probation or the possibility of deferred adjudication available.

Continuous Sexual Assault of a Child Defenses

Even if you believed that the minor was at least 18 years of age, your knowledge of the victim’s age is not a valid defense in Texas.  However, an experienced criminal defense lawyer can help you seek out important points to defend your case.

While other criminal charges might be filed against a defendant, there are 3 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.
  • 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.
  • Consent: If the accused did not use force, a threat, or a state of duress against the victim(s) during any sexual instance.

Our professional defense attorneys also seek to question the prosecution’s witness in order to expose false allegations.

Ultimately, the prosecution must prove your guilt “beyond a reasonable doubt,” showing clear physical evidence that sexual abuse occurred within a time frame of 30 days, or else your charges may be reduced or dropped altogether. An experienced criminal defense attorney can help ensure that your constitutional rights and future are protected.

Close Menu