What if I Am Falsely Accused of Sexual Assault Against a Child in Texas?

 Posted on September 06, 2019 in Criminal Defense

Being charged with any type of crime can be a shocking and overwhelming experience. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. This is especially true if you are facing criminal charges related to a sex crime against a child. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. Fortunately, the United States Constitution protects criminal defendants’ rights to due process and to be presumed innocent until proven guilty. If you or a loved one has been charged with sexual assault of a child, it is imperative that you speak with an attorney experienced in defending against such serious accusations.

Texas Law Regarding Sexual Assault of a Minor

As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. Texas law considers a person under age 17 to be a child. The crime of sexual assault against a child is committed if an individual knowingly:

• Causes penetration of a child’s sexual organ or anus by any means;

• Causes penetration of the mouth of a child with his or her sexual organ; or

• Causes a child’s sexual organ to contact another person’s or his or her own mouth, sexual organ, or anus.

The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. These factors include but are not limited to:

• The perpetrator threatens the child with kidnapping, bodily injury, or death;

• The victim received significant bodily injury;

• A weapon is used or displayed;

• The perpetrator attempted to cause the child’s death;

• The use of a “date rape” drug such as Rohypnol, ketamine, or gamma-hydroxybutyrate; and

• The victim was younger than 14 years old.

Sentencing for a Sexual Assault Against a Child Conviction

Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years.

Contact a Plano Criminal Defense Lawyer

Texas takes criminal sexual acts against minors very seriously. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. That is why you need the legal assistance of a qualified Texas sexual assault defense attorney to build a strong defense. At The Crowder Law Firm, P.C., we have secured more than 300 not-guilty verdicts and acquittals, and we will fight on your behalf. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-544-0061. 

Source:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021