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Continuous Sexual Assault of a Child
Accused of Continuous Sexual Abuse of a Child?
Continuous Sexual Abuse of a Child [Texas Penal Code § 21.02] is charged against a suspect who commits two or more acts of sexual abuse against one or more victims; where the suspect is 17 years or older and the victim (or victims) is a child younger than 14 years old during a period of 30 or more days.
The Texas Legislature recently clarified the statue, which now states that during these 30+ days it doesn’t matter if there was one or more than one victim against which these repeated offenses occurred.
This First-degree felony is punished as severely as capital murder: up to 99 years in prison (or life without the possibility for parole) with a maximum fine of $10,000. But conviction of this specific crime mandates a special minimum prison term of 25 years without the possibility of parole or early release. If convicted of Continuous Sexual Abuse of a Young Child, the perpetrator must register as a sex offender for life.
What differentiates Continuous Sexual Abuse of a Child and Non-Continuous, is evidence that the sexual abuse by the defendant occurred repeatedly for more than 30 days, rather than it being a one-time offense. There is no statute of limitations for Continuous Sexual Abuse of a Child meaning that a Defendant can be prosecuted for this offense at any time.
To convict, it is not necessary for the jury to unanimously agree on the specific acts of sexual abuse, nor the exact dates on which they occurred; other than the time period of those two or more perpetrator actions fell into that 30 day “continuous” period. The prosecution also doesn’t need to prove that the sexual abuse was committed against the same victim. In short, prosecutors are given a lot of latitude when building their cases against alleged “habitual” child sexual abusers. Law enforcement and the prosecution must carefully, yet aggressively, build their case. This is why the moment you are aware that you are being investigated for Continuous Sexual Abuse of a Child you should contact an experienced criminal defense attorney before you talk to the police or go to court.
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Houston Criminal Defense Attorneys
If you have been charged with a crime in Houston, contact Houston criminal defense attorney Jack B. Carroll today at (713) 228-4607 or request your free case evaluation.
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Proven Results
Best Sex Crime Attorney in Houston and Texas
Continuous sexual assault of a child. NOT GUILTY
351st Harris County, Texas, District Court.
Judge Natalia Cornelio
Continuous sexual assault of a child. NOT GULITY
Hardin County, Texas, 356th District Court
Judge Steve Thomas presiding
Indecency with a child by contact. NOT GUILTY
356th District Court, HARDIN COUNTY, Kountze,Texas. Judge Steve Thomas.
Indecency with a child by contact, NOT GUILTY
179th District Court, Harris County, Houston, Texas
Continuous sexual assault of a child, NOT GUILTY
179th District court, Harris County Texas, Judge Ana Martinez
Aggravated sexual assault/child, Hung jury, cased dismissed
488th District court, Harris County, Houston, Texas
Indecency w/child by contact, Hung Jury, case dismissed
488th District Court, Harris County Houston, Texas
Aggravated assault deadly weapon, NOT GUILTY
25th District Court, Columbus, Colorado County, Texas
Why is this Crime as Serious as Murder?
Many child sexual abuse offenses can fall into this “Continuous” category. And many other felonies that would be normally prosecuted by themselves can be attached to any sex crime including Continuous Sexual Abuse of a Young Child.
Some (but not all) of them can include the following serious offenses:
- Aggravated Kidnapping with the intent to violate or abuse the victim sexually [TPC § 20.04 (a)(4)]
- Aggravated Sexual Assault [TPC § 22.021]
- Burglary of a Habitation with the intent to sexually abuse the victim [TPC § 30.02 (d)]
- Compelling Prostitution [TPC § 43.05 (a)(2)]
- Human Trafficking [TPC § 20A.02 (a)(7) or (8)]
- Indecency with a Child [TPC § 21.11 (a)(1)]
- Sexual Assault [TPC § 22.011]
- Sexual Performance by a Child [TPC § 43.25]
Our main objective is to find the best possible outcome for your situation and protect your Constitutional Rights.
Jack B. Carroll, Houston Criminal Defense Attorney
Accused of Continuous Sexual Abuse of a Child?
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If you were accused of a crime and looking for help, don’t hesitate to contact my office or text me directly at (713) 228-4607.
Defenses against Continuous Sexual Abuse of a Young Child
The best defense against this serious charge is to fight hard against the prosecution’s effort to prove that you’re “guilty beyond a reasonable doubt.” And depending on the circumstances surrounding the allegations, such as false testimony or no evidence that the crime indeed took place, the prosecution has to build an airtight case against you to convict.
When investigating any sex crime allegations against children, all State of Texas agencies including child welfare and law enforcement, work in-tandem to investigate these crimes. And at times, investigations of Continuous Sexual Abuse of a Child by Texas Child Protective Services can cause criminal investigations to spin out-of-control from the very beginning.
A recent NBC News/Houston Chronicle investigation revealed an alarming trend of some child welfare workers arbitrarily removing children from homes after receiving “questionable” reports from state-funded child abuse pediatricians. This led to traumatic family separations and legal fights that lasted for months.
And sometimes, these allegations end up being utterly false because children, like adults, lie for several different reasons.
There is, however, an affirmative defense available to you and your defense attorney, the “Romeo and Juliet” defense. When two young people close in age, such as an 18-year-old high school senior and a 13-year-old freshman, the “elder” participant is “no more than five years older than the victim,” and used no duress, force, or a threat, and the elder participant is not a registered sex offender,” this older participant should not be charged with Continuous Sexual Abuse of a Young Child.
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