Montgomery County Texas Sexual Assault of a Child Defense
Under the Texas Penal Code, Statutory Rape or Sexual Assault of the Child as it is known in Texas is a serious felony offense. If the alleged child victim is actually under age 14 years of age, it is really a 1st degree felony punishable from 5 to 99 years in prison for each count in the indictment. When the alleged child victim is between 14 years of age and 16 years of age, then the crime is a 2nd degree felony, punishable from 2 to 20 years in prison for each count within the indictment.
Most of us have heard horror tales. A twenty-two year old male, who we may call Joe, goes to a friend’s party and meets a beautiful woman who says she is 18 years of age. They exchange telephone numbers and start a sexual relationship with communications through text, e-mail or telephone. The “woman” transmits Joe, simply for fun, nude photos of herself. Joe retains the pictures on his computer or smart phone, never suspecting that they are really child pornography. Right after, Alan gets a frantic telephone call from the “woman” who says that her parents have heard about him and that she is really only 14 years of age. Soon thereafter, Joe gets a call from the Houston Police Detective wanting to hear “his side of the story…”
Joe now faces severe sex criminal offense charges. Here are just a few of the legal issues to consider:
* For purposes of the Sexual Assault of a Child as well as Indecency with a Child sex offenses, a child does not become an adult in Texas until 17 years of age. The adult age is 18 (versus 17) for additional sexual-related crimes, including Sexual Performance of a Child and Child Pornography.
* Being mistaken or not knowing the child’s real age is not a defense in Texas to child sexual offenses. In other words, the alleged victim can lie about her age directly on on-line and the accused will still face serious criminal law consequences for sexual assault of the child or even online solicitation of the minor,
among a number of other crimes.
* The alleged victim’s consent to the sexual relationship is not a defense unless the alleged victim is 14 years of age or older and there is only a 3 year (or less) difference between the age of the alleged victim and the accused.
* So long as the jury believes the alleged victim beyond a reasonable doubt, only one eyewitness, the alleged victim, is sufficient for conviction in Texas,
* Neither DNA nor medical evidence of physical trauma is necessary for a conviction in Texas.
* Voluntary intoxication by the accused is not a defense. For example, an accused who gets drunk at a party and has sex with an underage girl cannot use his voluntary intoxication as a defense to the offense of sexual assault of a child.
* Each separate sexual act can be separately charged within one indictment. If there is a conviction, each count can be stacked or served consecutively.
With these kinds of sexual offenses, there are many other legal issues to consider. It is important to hire an experienced attorney who understands Texas sex crimes if someone is charged with sexual assault of a child, possession of child pornography or any type of sex offense.
James (Jim) Sullivan is an experienced Montgomery County Criminal Attorney. For over 25 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.
James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
James Sullivan has also been successful in getting several Sexual Assault of a Child cases no billed (dismissed) by the grand jury. Since November 2008, Sullivan has managed to get 29 separate felony cases dismissed by the grand jury, including several sex crime cases. Of the cases that Sullivan has defended at the grand jury level over the years, he has a 90% win rate.
Contact James Sullivan at 281-546-6428 for a confidential consultation.
