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Houston Continuous Sexual Abuse of a Child Lawyer

In Texas, few crimes carry as severe consequences as continuous sexual abuse of a child. Being convicted can result in a decades-long prison sentence without the possibility of parole. This charge can forever alter your life, making it critical to seek immediate legal representation.

Attorney Ned Barnett, a highly skilled Houston criminal defense lawyer, has extensive experience defending individuals accused of child sex crimes, including continuous sexual abuse.

If you’ve been charged or believe you are under investigation, time is of the essence. Reach out to the Law Offices of Ned Barnett for a free and confidential consultation at (713) 222-6767.

Definition of Continuous Sexual Abuse of a Child in Texas

Under Texas Penal Code Section 21.02, this law applies to individuals accused of committing two or more acts of sexual abuse against a child under 14 within a 30-day period. The law was enacted to target individuals who allegedly engage in repeated acts of abuse over an extended period. Under this statute, the prosecution is not required to prove specific instances of abuse, making it easier for them to secure convictions. The law recognizes several forms of abuse, including:

  • Indecency with a Child — This includes inappropriate touching of a child’s genitals or anus with sexual intent.
  • Sexual Assault — Contact between the genitals, anus, or mouth of the accused and the child.
  • Aggravated Sexual Assault — This involves serious injuries or the use of weapons during the assault.
  • Aggravated Kidnapping — With the intention of sexually abusing the child.
  • Burglary — Entering a premises with the intent to commit sexual abuse.
  • Sexual Performance by a Child — Involving an adult causing or allowing a child to engage in sexual acts.

Severe Penalties for Continuous Sexual Abuse

The penalties for continuous sexual abuse of a child in Texas are life-altering. If convicted, you will face:

  • A minimum sentence of 25 years without the possibility of parole, with a maximum of 99 years or life imprisonment for a first offense.
  • Life imprisonment without the possibility of parole for a second conviction.

Consequences of a Continuous Sexual Abuse Conviction in Texas

The penalties for continuous sexual abuse of a child are among the harshest in Texas. Besides a lengthy prison sentence, individuals convicted of this crime often face irreversible personal, social, and financial repercussions. Below are some of the most significant consequences:

  • Lengthy Imprisonment: The minimum sentence for a first offense is 25 years without the possibility of parole. For repeat offenders, life in prison is mandatory.
  • Lifetime Sex Offender Registration: Convicted individuals must register as sex offenders, severely limiting their freedom and social mobility. This registration affects where you can live, work, and travel.
  • Restricted Employment Opportunities: Employers, particularly in fields that involve working with children or vulnerable populations, are highly unlikely to hire someone convicted of a sex crime. Convictions can also lead to the loss of professional licenses.
  • Loss of Parental Rights: A conviction may result in a permanent loss of custody or visitation rights if you have children. Child Protective Services may intervene early in the process, and their investigations can result in severe restrictions on your parental rights.
  • Immigration Consequences: For non-U.S. citizens, a conviction can lead to deportation, denial of naturalization, or permanent inadmissibility.
  • Social Stigma and Isolation: The social consequences of being labeled a sex offender are profound. Friends, family, and community members often distance themselves, making it difficult to reintegrate into society.
  • Firearm Prohibition: Under federal law, a felony conviction permanently bars you from owning or possessing a firearm.

Defenses Against Continuous Sexual Abuse Charges

When facing such serious charges, having a strong defense strategy is crucial. Depending on the circumstances of your case, your attorney can apply several defenses to fight the charges:

Mistaken Identity

In some cases, the accused may have been falsely identified by the child or witness, especially in emotionally charged or chaotic situations. Misidentification can play a significant role in cases involving young children or when the alleged abuse occurred years earlier.

False Allegations

Accusations of sexual abuse often arise from high-conflict situations, such as divorce or custody disputes. In such cases, one party may manipulate a child or fabricate allegations to gain an advantage in court.

Romeo and Juliet Defense

If the accused was no more than five years older than the victim and there was no use of force, duress, or threats, this defense may apply. It is used to reduce or dismiss charges when the relationship was consensual and close in age.

Lack of Specificity in the Charges

Since the jury does not need to agree on the specific acts of abuse, vague or inconsistent allegations could be challenged. Your attorney may be able to show that there is not enough evidence to support the charges.

Constitutional Violations

If your rights were violated during the investigation, such as through improper interrogation or illegal search and seizure, your attorney can move to suppress evidence obtained in violation of your rights.

Medical or Forensic Evidence

In some cases, medical evidence may not corroborate the claims of abuse, or the timeline of events may not align with the accusations. An attorney can challenge the validity of such evidence or present expert testimony to refute the allegations.

FAQs: Continuous Sexual Abuse Charges in Texas

What should I do if I’m accused of continuous sexual abuse of a child?

If you are accused, refrain from speaking to law enforcement without an attorney present. Anything you say can be used against you. Contact an experienced criminal defense lawyer immediately.

Can I be convicted based on allegations alone?

Yes, it is possible to be convicted if the jury believes the allegations, even without physical evidence. This is why having a skilled defense attorney is critical to discredit any false or vague accusations.

Will I have to register as a sex offender if convicted?

Yes, if convicted, you will be required to register as a sex offender for life. This registration will be public, and it comes with strict residency and employment restrictions.

Is there a statute of limitations for continuous sexual abuse charges?

No, there is no statute of limitations for continuous sexual abuse of a child in Texas. You can be charged at any time after the alleged incidents, no matter how long ago they occurred.

What are the penalties for continuous sexual abuse of a child in Texas?

A first conviction carries a minimum sentence of 25 years without parole and can extend to 99 years or life. A second offense results in life imprisonment without the possibility of parole.

Related Reading

For more information on Texas sex crimes and defending against accusations involving children, you might find these articles helpful:

Contact an Experienced Houston Continuous Sexual Abuse of a Child Lawyer

Facing continuous sexual abuse charges is incredibly challenging, but you don’t have to do it alone. Ned Barnett, a board-certified criminal defense lawyer with nearly 30 years of experience, has successfully defended numerous clients against serious sex crime allegations. He has worked as both a prosecutor and a defense attorney, giving him an edge in finding weaknesses in the prosecution’s case.

To learn more about your legal options and to begin building a defense strategy, contact the Law Offices of Ned Barnett today at (713) 222-6767.