REPEATED SEXUAL ASSAULT OF A CHILD DEFENSE LAWYER IN SAN ANTONIO, TX - LAW OFFICES OF PATRICK L. HANCOCK
Continuous sexual abuse of a young child or children is one of the most serious sexual offenses that exist under Texas Law. The age of the alleged victims and the number of offenses mean that defendants convicted under this statute are subject to some of the harshest penalties that exist under Texas law. Getting legal advice as soon as you learn of an investigation against you is important. The sooner a defense lawyer is involved in your case, the better protected your important constitutional rights will be. Early intervention will also give your attorney better options for resolving the charges against you.
FAQ - SAN ANTONIO SEX CRIME LAWYER FOR CONTINUOUS SEXUAL ABUSE OF A MINOR
The information provided here is general and does not constitute legal advice. For specific legal concerns, please speak with an experienced attorney about your case.
SAN ANTONIO SEX CRIME LAWYER FOR CONTINUOUS SEXUAL ABUSE OF A MINOR - AREAS WE SERVE
AGGRESSIVE DEFENSE AGAINST CHILD SEXUAL ABUSE CHARGES - SEX CRIME DEFENSE LAWYER IN GREATER SAN ANTONIO
Understanding Continuous Sexual Abuse Charges Under Texas Penal Code Section 21.02
Section 21.02 of the Texas Penal Code defines continuous sexual abuse of a young child or children as:
- Two or more acts of sexual abuse
- Committed within a period of thirty days or longer
- Against one or more victims who are younger than fourteen years
- By a defendant who is at least seventeen years old.
An "act of abuse" includes aggravated kidnapping (with the intent to violate or abuse the victim sexually), indecency with a child, sexual assault, aggravated sexual assault, burglary (if committed with the intent to commit one of the previous sexual offenses), sexual performance by a child, human trafficking, or compelling prostitution.
Challenging Sexual Crime Allegations: Defending Your Rights in Complex Cases
Sexual crimes can be very difficult to defend. It is sometimes possible to have physical evidence excluded for search and seizure violations, but this is rare. A confession can sometimes be ruled inadmissible for violations of your Fifth Amendment right against self-incrimination or your Sixth Amendment right to counsel, but this too is rare.
In many cases, there is no physical evidence, and the case essentially becomes a "he said/she said" story. In these cases, it is entirely up to the jury to decide who they believe. But this does not mean that defendants have no rights in the legal process. In addition to your constitutional rights, there are also specific rules for conviction provided in the Texas statute that create this offense. These can be used to defend or reduce the number of charges against you:
The Types of Charges
Each of the offenses that constitute "an act of sexual abuse" is itself a crime. The statute prevents a defendant from being convicted of both continuous sexual abuse and the individual offense. A prosecutor can file both charges in the alternative (meaning that jurors are given an option of which offense to consider). The individual offense can also be charged separately if it occurred in a different time period than that which is used for the "continuous sexual abuse" charge.
Finally, a prosecutor may also file both charges if one is considered a lesser included offense of the other. This means that every element of the individual offense is covered in the continuous sexual abuse statute, so a jury that finds a defendant guilty of continuous sexual offense has necessarily found the defendant guilty of the lesser included offense as well.
The Number of Charges
A defendant cannot be found guilty of more than one count of continuous sexual abuse if all the alleged offenses occurred against a single victim. If there is a second victim, those separate acts can form the basis of a second charge of continuous sexual abuse.
The One Affirmative Defense
An affirmative defense is one that must be raised and proven by the defendant. If a defendant can prove that all of the following apply, the law prevents a conviction for continuous sexual abuse of a child:
- The defendant is no more than five years older than the youngest victim, and
- did not use duress, force, or a threat against a victim at the time of any of the alleged acts of sexual abuse, and
- was not required to register for life as a sex offender or did not have a reportable conviction or adjudication for a prior offense listed in this statute at the time of any act of sexual abuse that is alleged.
The Penalties for a Conviction of Continuous Sexual Abuse
Texas is known for its strict criminal laws. Convictions for sexual crimes against children have some of the harshest penalties in our harsh state. A conviction on a single count of continuous sexual abuse is a first-degree felony, with a minimum prison term of 25 years.
This minimum is set by statute. That means that a judge has no discretion to reduce it based on the facts of a case. The statute also provides for a maximum prison term of 99 years. While this is not the same as a life sentence, it essentially guarantees that the defendant will, in fact, spend the rest of his life in prison.
AN EXPERIENCED SAN ANTONIO CRIMINAL DEFENSE ATTORNEY FOR ALL SEX CRIME CASES
Attorney Patrick L. Hancock has more than 32 years of experience as a Texas defense attorney. He knows how to protect defendants' constitutional rights in order to fairly resolve criminal cases. Contact Hancock Criminal Defense today to schedule your consultation. The sooner an experienced San Antonio sex crimes lawyer gets involved in your case, the better protected your constitutional rights will be. Do not wait to exercise your right to counsel.