Houston Sexual Assault Of A Child Attorney

Have you been accused or charged with Sexual Assault or Child Molestation of a child in Houston? It is important to get the best defense you can to ensure your legal rights are protected and nothing is overlooked in presenting your case. Board Certified attorney Grant Scheiner has been successfully defending people charged with Sexual Assault since 1992 and has vast trial experience.  His legal team will go over every detail of what to expect and how your case will be defended. If you are facing Sexual Assault of a Child or Child Molestation charges call the Scheiner Law Group P.C. to discuss your options and legal defense strategy.

What Is Sexual Assault of a Child

This offense is sometimes called “child molestation” or “rape of a child” or “child sex abuse” or “sex with a minor.” One of the more common scenarios involves an adult who is accused of having consensual sex or consensual sexual relations with a 14- to a 16-year-old minor. In the state of Texas, the age of consent is 17.

Violation of the Texas state law and occurs when a defendant knowingly and intentionally is involved in an illegal and sexually based activity without the consent of the victim. It is extremely important to make sure any charges or potential charges are addressed with the most competent legal defense available. The lasting effects of a conviction can be devastating for you and your family as well as your potential to seek and maintain employment.

Sexual Assault of a Child is a serious charge and a person accused or under investigation for this crime should contact a skilled and experienced criminal defense attorney as soon as possible. Please note that sex crimes in Texas may be investigated by law enforcement or a social agency, such as Child Protective Services (CPS). Any statement that a person accused makes during a sexual assault investigation may be used against the person in court or at his or her trial. Consult with an experienced attorney before making any statements that could harm your chances of getting a fair trial.

When Does Consent Not Apply

Consent of the victim does not apply in situations where the defendant is part of the clergy, a public servant, is a healthcare provider, is in a position of power or is in charge over the victim, or if the defendant is employed at the facility where the victim lives. These particular instances represent a situation where those trusted with the supervision or well being of a child may not use that position to their advantage in the defense of Sexual Assault of a Child.

About Sexual Assault of a Child

In Texas, Sexual Assault of a Child in most instances is a Second Degree Felony. Tex. Pen. Code § 22.021.  It usually carries a potential sentence of 2-20 years imprisonment, plus a $10,000 fine and lifetime registration as a sex offender. (The charge could be a first-degree felony if the complainant was a person whom the alleged actor was prohibited from marrying or purporting to marry or with who the actor was prohibited from living under the appearance of being married under Tex. Pen. Code § 25.01.) It is also a “3g” offense, which means a person convicted of the offense and sentenced to prison must serve at least 50% of the sentence before being eligible for parole. This also means that a judge may not place a person so convicted on ordinary community supervision (however, the judge may place the person on deferred adjudication). Tex. Code Crim. Pro. Art. § 42.12 3g.

The prosecution must prove the complainant was 14-16 years old at the time of the alleged offense. Sexual Assault of a Child typically involves penetration of the complainant’s sexual organ or anus by any object, penetration of complainant’s mouth by sexual organ, contact between complainant’s mouth and any other sexual organ or anus, or contact between the complainant’s sexual organ or anus and any other sexual organ, anus or mouth. It is an affirmative defense that the complainant and the person accused are not more than three years apart in age at the time of the alleged offense, plus the person accused was not required to register for life as a sex offender or had a “reportable” conviction or adjudication for certain types of sex offenses. Tex. Pen. Code § 22.021.

Your Defense Against Sexual Assault

No case is as cut and dry as it may appear and several potential legal defense strategies may be available to you. It is important to let consult with an experienced lawyer like Grant Scheiner in situations as serious as Sexual Assault of a Child. Here are a few of the potential situations that may apply to your situation.

  • At the time of the offense, the defendant was the child’s spouse
  • At the time of the offense, the child was 14 years of age, not prohibited from marrying the defendant, and the defendant was no more than three years older.
  • Lack of intent or knowledge by the defendant.
  • The Victim gave consent.
  • The defendant is insane.

When Does Aggravated Sexual Assault Apply

There are a few degrees of Sexual Assault in Texas and charges may be increased to aggravated sexual assault if any of the following are included in the commission of a crime.

  • The victim is disabled or elderly
  • The defendant did not act alone
  • There was the use of a Deadly Weapon
  • Kidnapping, serious bodily injury or fear of death was committed by the defendant
  • A drug such as Ketamine or Rohypnol was used to facilitate the crime
  • The victim was less than 14 years of age
  • Attempted murder or serious bodily injury was committed by the defendant

About Aggravated Sexual Assault of a Child

In Texas, Aggravated Sexual Assault of a Child is a First Degree Felony. Tex. Pen. Code § 22.021.  It carries a potential sentence of 5-99 years imprisonment, plus a $10,000 fine and lifetime registration as a sex offender. It is also a “3g” offense, which means a person convicted of the offense and sentenced to prison must serve at least 50% of the sentence before being eligible for parole.

 

This also means that a judge may not place a person so convicted on ordinary community supervision (however, the judge may place the person on deferred adjudication). Tex. Code Crim. Pro. Art. § 42.12 3g. The prosecution must prove the complainant was 13 years old or under at the time of the alleged offense.

Aggravated Sexual Assault of a Child typically involves penetration of the complainant’s sexual organ or anus by any object, penetration of complainant’s mouth by sexual organ, contact between complainant’s mouth and any other sexual organ or anus, or contact between the complainant’s sexual organ or anus and any other sexual organ, anus or mouth.

Failure to Stop or Report Aggravated Sexual Assault of a Child

This charge is sometimes called, “failure to report child abuse” or “failure to report child sex abuse.” It is one of the few Texas offenses for which a person may be punished for NOT doing something.

As with all sex crimes, a person accused or under investigation for this offense should contact an experienced criminal defense attorney before deciding whether or not to talk to law enforcement or an investigative- or social service agency, such as Child Protective Services.

In Texas, Failure to Stop or Report Aggravated Sexual Assault of a Child is a Class “A” misdemeanor, punishable by a fine of up to $4,000, one year county jail time, or both such fine and jail time.

A person commits an offense if the actor observes the commission or attempted commission of certain sexual assault offenses, under circumstances in which a reasonable person would believe than an offense of a sexual or assaultive nature, was being committed or was about to be committed against a child; the accused person fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and, the person accused could assist the child or immediately report the commission of the offense without placing the accused in danger of suffering serious bodily injury or death.  Tex. Pen. Code § 38.17.

For assistance with understanding the sexual assault charges you may be facing, information on the age of consent and other issues you would like to discuss, contact the Scheiner Law Group P.C.



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