Over 100 Not Guilty findings & Case Dismissals on Sex Crime Charges!
Improper Teacher-Student Relationships
In Texas, any teacher or employee of a primary or secondary school who commits any sex crime with a student (of any age) at that school can be charged with Improper Relationship between an Educator and a Student [Texas Penal Code § 21.12].
These offenses can involve any form of sexual contact in which the teacher, coach, administrator, maintenance worker and student-victim. This includes sexual intercourse, improper touching, or deviate sexual behavior if the student is enrolled at the public or private school where the employee works, and the student is not the employee’s spouse.
This “improper relationship” is a Second-degree felony. The penalties are a maximum prison sentence of 20 years and a minimum of two years. If any other crimes are present such as: Sexual Coercion [TPC § 21.18], Continuous Sexual Abuse of a Minor [TPC § 21.02], or Indecency with a Child [TPC § 21.11] to name only three; then prosecutors may also charge the suspect with any companion felonies. This could result in a much longer prison sentence upon conviction of the suspect.
False Allegations
A Well-Worn Trail Too Many Suspects Must Travel
Historically, many people believe the old saying “children don’t lie.” But having defended sex crime suspects, many of them wrongfully accused of Sexual Abuse of a Child; our firm has learned first-hand that this is far from true.
According to the TASA Group, a provider of expert witnesses and consultants to legal and insurance professionals, “A significant number of cases in which a child has made allegations of sexual abuse…may not be true.” The article goes on to say that today, “Many professionals in the field of child sexual abuse are more skeptical of child claims of sexual abuse than ever before.”
For years, many clinical psychologists have understood that false accusations of sexual abuse against an educator (or any alleged suspect) can be divided into three categories:
- The accusation is completely false because the events did not occur. The student in this case could be getting back at a teacher who denied them a grade for coursework or may be an attempt to extort or blackmail the educator.
- The event might have happened, but the complaint is made by someone other than the alleged victim, or someone else; when the alleged suspect is in fact innocent. When a child (or an adult on the child’s behalf) makes this type of allegation it is referred to as “perpetrator substitution”
- The allegation is partially true and partially false. It mixes descriptions of events or adult participants that could have actually happened with other events that did (or did not) happen.
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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
Media Frenzy over Child Sex Crimes
Public Outcry Threaten the Scales of Justice
The media frenzy surrounding sex crimes, especially those against children, builds up almost overnight when an adult is even investigated, much less charged with one of these serious crimes. That’s to be expected in today’s world of news gathering where being first with a story is more important than whether or not it’s right. This leads to a defendant’s constitutional rights of being presumed innocent until proven guilty being seriously threatened. This rush to judgment in the court of public opinion places tremendous pressure on the prosecution, and the defendant; which makes the situation even more antagonistic.
The standards of proof, or even suspicion, held by the media and by-association the public are often obliterated. If there’s just a whiff of impropriety between an educator and a student, even if the legal standards aren’t met, suspicion that “something must be wrong” is in the air. Innocent non-sexual acts or communication involving an educator and student which might normally happen between two people can be viewed much more skeptically.
This environment is understood by a seasoned sex crimes lawyer who is well-versed in not only managing this media/public frenzy, but can determine if an educator’s normally acceptable behavior has risen to the level of being a crime, or when it has not.
Affirmative Defenses
Getting to the Truth
There are two affirmative defenses (where the suspect did perform the act but the legal statutes allow the defendant to do so).
- The educator and student were married when the sexual relationship occurred; OR
- The relationship began before the teacher was hired by the school and there is no more than three years difference in age between teacher and student.
A third defense is of course that the relationship didn’t happen.
This is an important point due to the difficulty of prosecutors to build a strong enough case to convict an educator of an improper sexual relationship with a student. This is where an attorney’s ability to determine the facts of the case and effectively negotiate with prosecutors on a plea deal can enhance a suspect’s defense. It’s possible an agreement can be reached on a lower charge with less prison time or:
- Deferred adjudication
- Reduction of charges to a misdemeanor (some of which do not require the defendant to register as a sex offender)
- Probation
- Or the defense attorney can convince the prosecution that the crime never happened and the charges are dismissed.
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
Our Main Objective
Understanding Improper Educator-Student Relationship Cases
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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.
Charged with Improper Teacher & Student Relationship?
Call Jack B. Carroll & Associates For Help & Relief
Jack B. Carroll & Associates has provided effective legal defense services for Houstonians and other Texans since 1991. If you’re looking for a seasoned sex crimes defense attorney to represent you on a criminal charge of this nature, don’t hesitate to contact our office today to schedule your 100% confidential consultation. We’ll give you advice on handling the media and give the important “to dos” and “not to dos” when we meet.
Jack B. Carroll is Board Certified® by the Texas Board of Legal Specialization™ in Criminal Law.
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