Being arrested for or charged with sexual abuse in Texas can be devastating, and the potential for decades behind bars means you should find a local Dallas sexual abuse defense attorney who will instantly begin working on your defense. Hiring an attorney as soon as possible also gives you access to immediate advice.
If someone has accused you of sexual abuse, contact the Dallas sexual assault defense attorney of Law Offices of Mark T. Lassiter to discover your options in a free consultation. Mark Lassiter has worked extensively in multiple roles in the Texas justice system, giving him unique insight and experience into how the prosecutors will try your case. Contact us online or call (214) 845-7007 without delay.
Sexual Abuse Defined
Sexual abuse is a broad term relating to various forms of sexual contact. As opposed to sexual assault, sexual abuse usually implies numerous acts of unwanted sexual contact against someone with less power than the accused perpetrator. In most cases, the victim is a child or disabled person who is mentally incapable of understanding the abuse taking place or otherwise powerless to stop it.
Sexual Abuse Laws in Texas
The appropriate Texas law for this scenario, Sec. 21.02., focuses specifically on young children and people with disabilities. This law also focuses on a pattern of continuous abuse.
The factors that make up continuous sexual abuse in Texas are, therefore:
- Multiple instances of sexual abuse over a period exceeding 29 days
- Committed against a child or person with disabilities as defined by Texas law
Some of the acts that might apply as sexual abuse for this statute include:
- Aggravated sexual assault
- Sexual performance by a child
- Aggravated kidnapping with intent to sexually violate or abuse
- Indecency with a child
- Compelling to prostitution
- Trafficking of a person
The ages of the alleged perpetrator and the child decide whether this specific statute is applicable. Suppose the suspected perpetrator is not above the age of seventeen or the alleged victim is not below the age of 14. In that case, it is not continuous sexual abuse of a child, even if the defendant committed separate sexual crimes.
Punishment For Continuous Sexual Abuse
Under current Texas law, continuous sexual abuse is a first-degree felony, possibly landing you in jail for life. Other potential penalties include anywhere from 25 years to 99 years, depending on the seriousness of the case, and a fine of up to $10,000. This differs from other first-degree felonies with a minimum sentence of 5 years. Those convicted under this law are also ineligible for parole. Additional consequences could include:
- Registering as a sex offender
- Losing custody of children
- Losing voting rights
- Losing gun ownership privileges
- Attending sex offender treatment programs
Statute of Limitations for Sexual Abuse
There is currently no criminal statute of limitations for sexual abuse in Texas. Because of this, investigators have leeway in looking into alleged instances of abuse from the far past. Most crimes without a statute of limitations are serious, and the lack of a timeframe allows prosecutors to go after those who committed serious crimes that went unreported at the time.
Affirmative Defenses Against a Charge of Sexual Abuse
The Texas law regarding continuous abuse of a child has an affirmative defense built into the statute. In an affirmative defense, the accused doesn’t dispute the validity of the actions but instead provides evidence that nullifies their criminality. A typical example of this type of defense is a ‘Stand Your Ground’ law. In these situations, the defendant does not claim that the shooting did not occur or that they didn’t pull the trigger. Instead, they claim that extenuating circumstances, such as the belief of imminent loss of life, compelled them to protect themselves with force.
The affirmative defense in this Texas law has three components:
- The youngest victim is not more than five years younger than the accused.
- The defendant did not use force, violence, or threats during any sexual activity.
- The defendant was not previously registered as a sex offender.
A consensual relationship between two young people is the typical scenario in which this affirmative defense applies.
Other Defenses Against Continued Sexual Abuse
An affirmative defense is not mandatory to claim innocence in court. Other potential ways to defend yourself against this charge are:
- Alibis – If you have a solid alibi that places you in different locations at the time of the alleged instances of abuse, that would be a valid defense. As continuous sexual abuse is defined as multiple instances of abuse over a period spanning more than 30 days, you may need multiple alibis for separate days.
- Lack of evidence – Even if prosecutors accused you of a crime and you do not have an alibi for your whereabouts, the State of Texas must prove your guilt beyond a reasonable doubt. If there is a lack of evidence of the crime or the details of the alleged abuse have drastically changed as time goes on, it will be hard for a prosecutor to convince a jury.
Should I Contact an Attorney for My Sexual Abuse Case?
Texas takes suspected sexual abuse against children and the disabled very seriously. Hiring an attorney with experience defending clients from these charges is the best way to protect yourself against these charges.
A skilled sex crimes defense attorney can work to build your defense by:
- Establishing the alleged timeline of abuse
- Interviewing witnesses and gathering victim statements
- Investigating the State’s evidence against you
- Preparing a solid defense backed with evidence
Even if you intend to hire a criminal defense lawyer eventually, attorneys who can start the defense-building process early are more successful in helping their clients beat the charges against them.
Contact a Dallas Sexual Abuse Attorney
The Law Offices of Mark T. Lassiter can help you through the complex process of defending yourself against a serious charge like sexual abuse, just as we have done for clients before. Our founding attorney has experience as a Dallas prosecutor and knows the system inside and out. Contact us at (214) 845-7007 for a free consultation and a discussion about how we can vigorously defend your case.
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