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. 

Alibi

Providing evidence that the defendant was not present at the time and place where the alleged abuse occurred may compel prosecutors to drop the charges in question. False allegations are not unheard of. They arise with greater-than-usual frequency in contentious family law cases. 

Frequently Aked Questions

What Constitutes Continuous Sexual Abuse Of A Young Child?

Continuous sexual abuse of a young child occurs when an individual over the age of 17 commits two or more acts of sexual abuse against a child under 14 years of age over a period of 30 days or more. It may also apply to similar mistreatment of an individual with disabilities, regardless of their age. 

Who Can Be Charged Under The Law?

Any person aged 17 or older who engages in repeated acts of sexual abuse against a child younger than 14 years or a disabled individual can be charged under state law. 

Is Consent A Valid Defense In These Cases?

Generally, consent is not considered a valid defense in cases involving young children due to their inability to legally give consent. The law is designed to protect children who are below the age of consent from sexual exploitation and abuse.

What Are The Penalties For Violating This Law?

Violation of this statute is a first-degree felony punishable by up to life imprisonment and a $10,000 fine.

Seeking Professional Legal Assistance From Cofer & Connelly, PLLC

If you or someone you know has been accused of continuous sexual abuse of a young child, it is crucial to seek professional legal guidance immediately. Being convicted of a felony of this magnitude could mean spending the rest of your life behind bars. These cases require skilled and knowledgeable representation. 

The criminal defense attorneys at Cofer & Connelly, PLLC, focus on criminal defense and are well-equipped to defend you and protect your rights. Our team understands the gravity of being accused of a sex crime and is experienced at helping clients resolve charges on the most favorable grounds possible in light of the circumstances. We encourage you to reach out to us at (512) 991-0576 or contact us online for a consultation.