What is Continuous Sexual Assault of a Child in Dallas?
Continuous sexual assault of a child is a first-degree felony in Texas that carries a minimum sentence of 25 years in prison without the possibility of parole. Under Texas Penal Code § 21.02, this charge applies when someone age 17 or older commits two or more acts of sexual abuse against a child under 14, with the acts occurring at least 30 days apart.
Only capital murder carries harsher penalties in Texas. If you or a family member faces investigation for this offense in Dallas, you need a defense attorney with specific experience handling these cases. The criminal defense team at Varghese Summersett includes Board Certified specialists and former prosecutors who understand both sides of these complex cases.
What Are the Elements of Continuous Sexual Assault of a Child Under Texas Law?
Texas Penal Code § 21.02 requires prosecutors to prove two specific elements beyond a reasonable doubt. First, during a period of 30 or more days, a person commits two or more acts of sexual abuse against one or more victims. Second, at the time of the acts, the accused is age 17 or older, and the victim is younger than 14.
The law applies regardless of whether the accused knew the victim’s age. This strict liability provision means mistake of age is not a valid defense.
Jurors do not need to agree on which specific acts occurred. They must only unanimously agree that at least two acts of sexual abuse happened during the required time period. Prosecutors can also allege the abuse involved different victims under age 14. These legal complexities require a Dallas defense lawyer with deep experience in child sexual assault cases.
What Acts Qualify as Sexual Abuse Under This Statute?
Texas Penal Code § 21.02 defines sexual abuse broadly. The qualifying acts include aggravated kidnapping with intent to sexually abuse, indecency with a child (other than touching the breast through clothing), sexual assault, aggravated sexual assault, burglary with intent to commit a sexual offense, sexual performance by a child, trafficking of persons, and compelling prostitution.
Any two of these acts, committed 30 or more days apart against a child under 14, can support a continuous sexual assault charge. The broad statutory language gives prosecutors significant flexibility in charging decisions.
What is the Punishment for Continuous Sexual Assault of a Child in Texas?
A conviction for continuous sexual assault of a child carries a prison sentence of 25 years to life without the possibility of parole. There is no probation option because Texas law only allows probation for sentences of 10 years or less under Texas Code of Criminal Procedure Art. 42.12, § 4(d)(1).
Deferred adjudication is also unavailable for this offense. A second conviction results in automatic life imprisonment without parole.
This charge falls under the “super aggravated” category in Texas law. The “super” designation refers to enhanced punishment provisions that apply when the victim is under age six, when the offender has prior convictions for violent sexual assault against a child under 14, or when the offender has previous convictions for child abuse or aggravated sexual assault of a child.
Beyond prison time, a conviction requires lifetime registration as a sex offender under Texas law.
How Are Continuous Sexual Abuse Allegations Investigated?
When an allegation surfaces, a police detective typically initiates the criminal investigation. Child Protective Services (CPS) conducts a parallel investigation to assess the child’s safety and the allegation’s validity.
If you learn you are under investigation, do not speak with law enforcement or CPS before consulting with an experienced Dallas defense attorney. This advice applies even if you are completely innocent. Investigators are trained to extract statements that can be used against you, regardless of your actual guilt or innocence.
A defense attorney will explain how cooperation or non-cooperation might affect your children, your daily life, and your legal position. If you have already spoken with investigators, contact Varghese Summersett immediately. Our team will assess what was said, prepare you for potential arrest, and guide you through arraignment and bond proceedings.
What Defenses Are Available for Continuous Sexual Assault Charges?
Defense strategies focus on challenging the reliability and credibility of the allegations. Our attorneys, including former prosecutors with specific experience in child sexual assault cases, investigate every aspect of the accusation.
Common defense approaches include identifying biases or motives behind the allegations, examining whether transference (attributing abuse by one person to another) occurred, investigating recent disciplinary conflicts that may have triggered false accusations, exploring whether coaching influenced the child’s statements, and uncovering custody or divorce disputes between parents that could motivate false reports.
The credibility of any “outcry witness” (the first adult the child told about the alleged abuse) receives careful scrutiny. Inconsistencies in statements to police, CPS, or forensic interviewers can significantly impact the prosecution’s case.
What Affirmative Defenses Apply to This Charge?
Texas Penal Code § 21.02(g) provides one affirmative defense. An affirmative defense acknowledges elements of the offense occurred but allows the defendant to avoid punishment if certain conditions are met.
This defense applies when the defendant and alleged victim are not more than five years apart in age, no force or coercion was used, and the defendant has no prior sex offense convictions. When these conditions exist, a skilled defense attorney can present this defense to the prosecution or jury.
Is There a Statute of Limitations for Continuous Sexual Assault of a Child?
No. Under Texas Penal Code § 12.01, there is no time limit for prosecuting continuous sexual assault of a child. Allegations can be raised years or even decades after the alleged conduct occurred.
This unlimited prosecution window makes defense more challenging because memories fade, witnesses become unavailable, and evidence disappears over time. An experienced defense team knows how to use these same factors to challenge the reliability of delayed accusations.
When Did This Law Take Effect?
Texas Penal Code § 21.02 took effect on September 1, 2007. Only conduct occurring after this date can be prosecuted under the continuous sexual assault statute. Alleged conduct before this date must be charged under different statutes that were in effect at the time.
Why Hire Varghese Summersett for a Dallas Continuous Sexual Assault Case?
Your freedom and future depend on the quality of your defense. Varghese Summersett brings Board Certified criminal law specialists, former prosecutors, and decades of combined experience to every case.
Personalized attention: We treat every client like family because we understand you are facing the biggest crisis of your life. Our attorneys over-prepare, identify weaknesses in the prosecution’s case, negotiate strategically with the state, and outwork opposing counsel when trials become necessary.
Former prosecutor insight: Our defense team includes attorneys who previously prosecuted these cases. They know the state’s playbook, their investigation methods, and their negotiation strategies. This inside knowledge shapes more effective defense approaches.
Proven results: Varghese Summersett has earned more than 1,100 five-star reviews. Our track record reflects years of successful outcomes for clients facing serious charges.
For a free consultation, call 214-903-4000.
Frequently Asked Questions
Can I get probation for continuous sexual assault of a child in Texas?
No. The minimum sentence is 25 years in prison, and Texas law only permits probation for sentences of 10 years or less. Deferred adjudication is also unavailable for this offense.
Do jurors have to agree on which specific acts occurred?
No. Jurors must unanimously agree that at least two acts of sexual abuse occurred 30 or more days apart. They do not need to agree on which specific acts those were.
What should I do if CPS or police want to interview me?
Do not speak with investigators before consulting a defense attorney. Even if you are innocent, statements made during investigation can be used against you. Contact an experienced lawyer immediately.
Is there a time limit for filing charges?
No. Texas has no statute of limitations for continuous sexual assault of a child. Charges can be filed at any time, regardless of how many years have passed since the alleged conduct.
Will I have to register as a sex offender?
Yes. A conviction requires lifetime registration as a sex offender in Texas, in addition to the prison sentence.
