Continuous Sexual Abuse of A Young Child or Disabled Individual In Texas

In Austin, sexual abuse laws are taken very seriously, especially given the fines and jail time that are often imposed with recurring offenders. Below, Cofer & Connelly, PLLC sexual abuse criminal defense lawyers explain the specifics of Texas law on continuous sexual abuse of a young child or disabled individual in Texas.

Overview Of Texas Law On Continuous Abuse

Texas Penal Code Section 21.02 addresses the crime of continuous sexual abuse of a young child or a disabled individual. This law is particularly strict, as it aims to protect vulnerable individuals in society from sexual predators.

Conditions For The Offense

In order to be convicted of the offense, the prosecution must successfully establish the following:

• The offense occurred over a period of at least 30 days.
• The perpetrator committed two or more acts of sexual abuse within this period.
• The perpetrator was at least 17 years old at the time of the offenses in question.
• The alleged victim is either a child under 14 years of age (or was at the time of the abuse) or a disabled individual.

The following acts are considered sexual abuse for the purposes of this law:

• Aggravated kidnapping with intent to sexually abuse.
• Indecency with a child.
• Aggravated sexual assault.
• Sexual assault.
• Sexual performance by a child.
• Trafficking of persons.
• Compelling prostitution.
• Burglary with intent to commit sexual offenses.

The offense is classified as a first-degree felony and punishment for a conviction could result in life imprisonment.

Defenses To Charges Under Texas Law

When facing charges of continuous sexual abuse of a young child or disabled individual, there are several defenses that may be applicable. It's important to understand that these defenses are specific and must be carefully considered in the context of the law and the facts of each case.

Affirmative Defense

One notable defense provided directly within the statute is the affirmative defense detailed within the law itself. This defense is applicable under certain circumstances and can be exercised if the following conditions are met:

Age Proximity

The defendant was not more than 5 years older than the alleged victim. This applies if the offense is alleged to have been committed against:

• A single alleged victim: The age difference between the actor and this alleged victim.
• Multiple alleged victims: The age difference between the actor and the youngest alleged victim.

Absence Of Coercion

The defendant did not use force, duress, or a threat against the alleged victim at the time of the commission of any of the acts of sexual abuse.

Sex Offender Registration Status

At the time of the commission of the alleged acts of sexual abuse, the defendant was not required to register for life as a sex offender under Texas law.

Other Potential Defenses

Apart from the affirmative defense provided in the statute, other general defenses may be applicable depending on the circumstances of the case. These potential defenses include, but are not limited to, the following:

Lack Of Evidence

Arguing that the prosecution has insufficient evidence to prove beyond a reasonable doubt that the defendant committed two or more acts of sexual abuse over a period of 30 days or more can be a viable defense strategy.