DALLAS CONTINUOUS SEXUAL ASSAULT OF A CHILD LAWYER

What is Continuous Sexual Assault of a Child in Dallas?

Only capital murder is a more serious criminal offense in Texas than the continuous sexual assault of a child.

Think about that for a moment. This is the most severe criminal charge in Texas other than murder, which is punishable by the death penalty.

It’s a serious charge, and the stakes are high. Suppose you or a family member is being investigated for a child sex crime in Dallas. In that case, it’s critical to consult with an exceptional Dallas Continuous Sexual Assault of a Child Lawyer at Varghese Summersett.

In this post, we’ll explain the continuous sexual assault of a child, the possible penalties, and the best way to defend against such charges.

What is considered continuous sexual assault of a child in Texas?

Continuous sexual assault of a child occurs if someone sexually assaults a child or children under the age of 14 at least twice, 30 days or more apart. To defend your rights and freedom, you need a top-notch Dallas child sexual assault lawyer.

What’s the punishment for continuous sexual assault of a child?

Continuous sexual assault of a child is considered a super aggravated offense. “Super” refers to the increased punishment possible with conviction. Super aggravated sexual assault of a child transpires when the victim is under age six or if the offender was previously convicted of a violent sexual assault of a victim under age 14.

The enhanced charge can apply to continuous child sexual assault cases or if the offender has previous convictions for child abuse or aggravated sexual assault of a child. That means a person convicted of continuous sexual assault of a child under 14 faces between 25 years and life in prison without parole. That’s why it’s imperative to have one of the best Dallas child sexual assault lawyers leading your defense.

Aggravated offense convictions in Texas are generally eligible for parole in half time, and Non-aggravated offenses allow for parole in quarter time. If a person is convicted a second time for continuous sexual assault of a child, the punishment is life without parole.

How are allegations of continuous sexual abuse investigated?

If an allegation is made, a police detective is likely to be the first point of contact. Child Protective Services (CPS) will investigate the veracity of the allegation.

If you are being investigated, you must decline to speak to either law enforcement or CPS before consulting with an experienced Dallas child sexual assault lawyer.

If you know you are innocent of the charges, it’s still not a good idea to speak with law enforcement or CPS without first talking to a lawyer.
A respected Dallas child sexual assault lawyer will discuss how your lack of cooperation could affect your children and its impact on your daily life.

If you have already spoken with a CPS agent or detective, call Varghese Summersett immediately to discuss your options, expectations and how to best fight the allegations. Our defense firm will prepare you for potential arrests, arraignment, and bond processes.

What elements make up continuous sexual assault of a child in Dallas?

The two main elements of continuous sexual assault of a child are detailed in Texas Penal Code 21.02. Your Dallas child sexual assault lawyer will review the facts to ensure your case meets the following requirements:

1. During a period of 30 or more days, a person commits two or more acts of sexual abuse, regardless of whether the acts are committed against one or more victims; and
2. At the time of the acts, the person is age 17 or older, and the victim is younger than 14 (whether or not the person knows the victim’s age).

Important to note: Jurors don’t have to agree that the same acts of sexual abuse occurred. The jury must only unanimously agree that at least any two acts of sexual abuse alleged occurred. Prosecutors can also allege the abuse involved different victims. The potential for such complexities requires an experienced Dallas child sexual assault lawyer.

A jury deliberating such a case doesn’t need to agree on the following:

• The specific acts that make up the two offenses more than 30 days apart; or
• If more than one victim is alleged that both victims were abused, so long as the elements of the offense are met;
• The specific acts that constituted sexual assault.

Is probation an option for a continuous sexual assault of a child conviction?

No, probation is not an option with a conviction because the minimum sentence is 25 years, and in Texas, only sentences of 10 years or less can be probated. Texas doesn’t allow deferred adjudication for a continuous sexual assault of a child conviction. You need the best Dallas child sexual assault lawyer fighting for you.

Texas Penal Code Ann. § 21.02(h) states that the minimum sentence for continuous sexual abuse of a child is 25 years. A defendant sentenced to more than 10 years in prison is not eligible for jury-recommended community supervision under Texas Code of Criminal Procedure 42.12, § 4(d)(1).

What constitutes sexual assault of a child in Texas?

The acts that could fall under the continuous sexual assault of a child according to Texas Penal Code 21.02 include the following:

1. Aggravated kidnapping, if the person committed the offense with the intent to violate or abuse the victim sexually;
2. Indecency with a child, if the person committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;
3. Sexual assault;
4. Aggravated sexual assault;
5. Burglary, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions 1-4;
6. Sexual performance by a child;
7. Trafficking of persons; and
8. Compelling prostitution.

As you can see, this is a wide range of potential acts that could be considered one of the two acts over a 30-day or more period that constitute continuous sexual assault of a child. You need a Dallas child sexual assault lawyer with experience handling these cases.

Are you required to register as a sex offender for continuous sexual assault of a child?

Yes, a conviction for continuous sexual assault of a child requires the convicted person to register as a sex offender for life. This, of course, is on top of at least 25 years in prison.

What are defenses against allegations of continuous sexual assault of a child?

Attacking the reliability of the allegations is one of the best ways to defend against allegations of continuous sexual assault of a child. Questioning the credibility of any “outcry witness” who may have given statements to police investigators or CPS agents.

Your Dallas child sexual assault lawyer at Varghese Summersett includes former prosecutors with expertise in child sexual assault cases. During our investigation, we’ll look for biases and reasons the allegations might be false, including transference, recent discipline, coaching, or issues with the other parent.

What are affirmative defenses in continuous sexual assault of a child under 14?

An affirmative defense acknowledges elements of the underlying offense but allows the defendant to avoid punishment.

Texas Penal Code 21.02 (g) sets the affirmative defense against continuous sexual assault of a child under 14 if the defendant and alleged victim are not aged more than five years apart, no force or coercion was applied, and the defendant was not previously convicted of a sex offense. Your Dallas child sexual assault lawyer will effectively engage such a defense with the prosecution.

Are there any limitations of prosecution for continuous sexual assault of a child in Texas?

Only offenses occurring after Texas Penal Code Section 21.02 went into effect on Sept. 1, 2007, can be prosecuted under this section.

Is there a statute of limitation for continuous sexual assault of a child in Dallas?

Texas has no statute of limitation concerning how much time can pass before a continuous sexual assault of a child allegation can be raised, according to Texas Penal Code 12.01.

Facing continuous sexual assault of a child charges in Dallas? Call Varghese Summersett.

If you or a loved one is facing continuous sexual assault of a child in Dallas, your freedom is at stake. You need a skilled Dallas child sexual assault lawyer to clear your name, defend your rights, and mitigate potential punishment. The criminal defense team at Varghese Summersett includes Board Certified attorneys, former prosecutors, and years of experience handling these cases in pre-trial and trial settings.

Here’s what you can expect if you hire our law firm:

Personalized attention: We treat our clients like family. We know anyone facing such allegations is dealing with the biggest crisis in their lives. We’ll over-prepare, find weaknesses in the prosecution’s case, carefully negotiate with the state, and outwork them if a trial is necessary.

Unmatched experience: Our defense team has more than 50 years of combined experience handling criminal cases. Our team includes former prosecutors who know the state’s playbook. The best results usually go o the most proactive attorneys, and we won’t be outworked.

Proven record: There’s a reason we have more five-star reviews than any other defense firm in North Texas. Our track record speaks for itself, but our happy and relieved clients help tell our story of positive results.

For a free consultation, call us at 214-903-4000.