One of the most serious crimes in the State of Texas is known as Continuous Sexual Abuse of a Child. Continuous Sexual Abuse of a Child involves an allegation that two or more acts of sexual abuse were committed against a child 14 years of age or younger over a period that is 30 days or more. The penalties for Continuous Sexual Abuse of a Child can be enormous and it is critical that you immediately consult with a skilled sex crimes defense attorney if you are under investigation or charged.
What are the elements of Continuous Sexual Abuse of a Child?
Under Texas Penal Code 21.02, the offense of Continuous Sexual Abuse of a Child requires that during a period of 30 or more days in duration, the defendant commits two or more acts of “sexual abuse” regardless of whether the acts of sexual abuse are committed against one or more victims. The statute defines “acts of sexual abuse” as one of the following:
-Aggravated kidnapping if the actor committed the offense with the intent to violate or abuse the victim sexually
-Indecency with a child
-Sexual assault or aggravated sexual assault
-Burglary of a home if committed with the intent to commit any of the above sexual offenses
-Sexual performance by a child
-Trafficking of a minor relating to prostitution or any listed sexual offenses
-Compelling prostitution
The offense of Continuous Sexual Abuse of a Child if charged as a first-degree felony in Texas, punishable by a prison sentence of 25-99 years. A defendant charged with Continuous Sexual Abuse may not receive deferred adjudication probation from a judge or regular probation from a judge or jury. The charge of Continuous Sexual Abuse of a Child carries lifetime sex offender registration.
How are Continuous Sexual Abuse of a Child cases defended?
Due to the enormous stakes that come with a charge of Continuous Sexual Abuse of a Child, it is critical to hire an experienced sex crimes attorney with a clear strategy to defend the case. As in all criminal cases, the first step is obtaining the evidence. In a case alleging sexual abuse of a child, the evidence could include witness statements, offense reports, medical records, school records, CPS records and much more.
Of course, the correct strategy to defend a charge of Continuous Sexual Abuse of a Child will vary depending on the facts of the case. In any case where there has been a false accusation of sexual abuse, for example, it is critical that the criminal defense attorney discover the motive for the false allegation. Experienced sex crimes attorneys will work with investigators and expert witnesses (such as medical experts or psychologists) to assist with developing a defense and presenting an effective defense at trial.
What should I do if I am under investigation for Continuous Sexual Abuse of a Child?
If you are under investigation for any criminal offense, it is important to remember that you have an absolute right to refuse to speak to the police. When an outcry is made in a case alleging sexual abuse of a child, the police will almost always attempt to speak with the suspect. It is virtually never a good idea for a suspect in a case alleging sexual abuse of a child – or any criminal case – to speak with the police.
The reality is that sex cases are frequently “he said/she said” cases that are based on an allegation without any physical or objective proof. There is no legal requirement that the police have any physical proof or witnesses (other than the alleged victim). For that reason, there is realistically nothing that a suspect could say to convince the police not to recommend the District Attorney file charges. On the other hand, if the police do not have enough evidence to charge you with Continuous Sexual Abuse of a Child – or any crime – then by talking with the police you risk giving them what the proof they were lacking to file a charge against you. It is also impossible to predict how a statement could be misinterpreted or used against you in the future.
If you are under investigation for any crime, it is always a good idea to consult with an experienced sex crimes defense attorney who can advise you regarding the specific facts of your case. With our clients, however, we always strongly advise against speaking with the police. You cannot get in trouble for refusing to speak to the police and you should be highly skeptical of police officers who try to convince you they are on your side and want to offer you an opportunity to “tell your side of the story.”
What happens if you are charged with Continuous Sexual Abuse of a Child in Houston?
If you are charged with Continuous Sexual Abuse of a Child in Houston, you will be arrested and have a bond set. Once you bond out of jail, you will go to court in a District Court in Houston assigned to handle your case. The District Court judge will set bond conditions that must be followed while the case is pending. In a case alleging Continuous Sexual Abuse of a Child, judges will typically set bond conditions prohibiting contact with the alleged victim (and all minors). Bond conditions in cases alleging sexual abuse of a child can be strict, but fortunately, your criminal defense attorney can advocate on your behalf and frequently have problematic bond conditions modified.
Sex crimes cases can frequently take more than a year to resolve. The process of obtaining evidence in a case alleging Continuous Sexual Abuse of a Child frequently takes six months or more. Once the evidence is obtained, your sex crimes attorney will review the evidence with you and recommend a course of action. Criminal cases are resolved by dismissal, trial or plea agreement. Unfortunately, it is impossible to know at the outset how your case will be resolved.
Is it possible to beat a charge of Continuous Sexual Abuse of a Child?
Although being charged with Continuous Sexual Abuse of a Child can feel like a hopeless situation, it is possible to obtain a dismissal or an acquittal of the charges against you in some cases. To maximize your chances of a favorable result, it is important to hire the right attorneys. Attorneys Jose Ceja and Abigail Anastasio are highly experienced at defending sex crimes cases and have a proven track record of obtaining excellent results. Call Ceja Law Firm today for a free consultation.
