Dallas Aggravated Sexual Assault of a Child Lawyer
If you’re facing aggravated sexual assault of a child charges in Dallas, you need a defense attorney immediately. This is a first-degree felony carrying 5 years to life in prison, a $10,000 fine, and lifetime sex offender registration. The defense team at Varghese Summersett has helped clients facing these allegations across Dallas County, and we understand how to challenge the state’s case at every stage.
These charges can arise from a single accusation with no physical evidence. A child’s statement alone can lead to an arrest. That’s why early intervention matters. The sooner an experienced Dallas child sexual assault lawyer reviews your case, the better your chances of building a strong defense.
What is aggravated sexual assault of a child under Texas law?
Under Texas Penal Code § 22.021, aggravated sexual assault of a child occurs when someone knowingly or intentionally commits certain sexual acts with a child under 14 years old. The offense is automatically “aggravated” because of the victim’s age. No additional factors like weapons or threats are required.
The prohibited acts include causing penetration of a child’s anus or sexual organ by any means, causing penetration of a child’s mouth by the actor’s sexual organ, or causing contact between a child’s sexual organ and another person’s mouth, anus, or sexual organ.
For victims aged 14 to 16, the offense becomes aggravated sexual assault when additional factors are present. These include using a deadly weapon, threatening serious bodily injury or death, administering drugs or alcohol to the victim, or acting with another person to commit the offense.
What are the penalties for aggravated sexual assault of a child in Texas?
Aggravated sexual assault of a child is a first-degree felony in Texas. A conviction carries a prison sentence ranging from 5 to 99 years or life. The court can also impose fines up to $10,000.
Beyond prison time, a conviction requires lifetime registration as a sex offender on both the Texas Public Sex Offender Registry and the National Sex Offender Public Website. This registration restricts where you can live, where you can work, and your ability to be around children, including your own.
If the child was under 6 years old at the time of the alleged offense, the minimum sentence increases to 25 years with no possibility of parole. These enhanced penalties reflect how seriously Texas treats these allegations.
Does it matter if I didn’t know the child’s age?
No. Under Texas law, mistake of age is not a defense to aggravated sexual assault of a child. It doesn’t matter if the child lied about their age or if you genuinely believed they were older. The state only needs to prove the child was under 14 (or under 17 with aggravating factors) at the time of the alleged offense.
This strict liability standard means prosecutors don’t have to prove you knew the victim’s actual age. This is one reason these cases require experienced defense attorneys who understand how to challenge the evidence the state does have to prove.
Can consent be a defense if the child agreed to participate?
No. Texas law holds that children under 17 cannot legally consent to sexual activity. This means “willing participation” by a minor is never a defense to sexual assault charges. The law presumes children lack the maturity to make informed decisions about sexual conduct.
Texas does provide a limited exception for teenagers close in age through what’s commonly called the Romeo and Juliet law.
What is the Romeo and Juliet law in Texas?
Texas Penal Code § 22.011 provides an affirmative defense to sexual assault of a child when both parties were over 14, the age difference was three years or less, and the conduct was consensual. This defense exists to prevent criminal prosecution of teenagers in age-appropriate relationships.
This defense has important limits. It cannot be raised when the younger person was 13 or younger. It’s also an affirmative defense, meaning you can still be arrested and charged. You can only raise this defense in court, and the burden shifts to you to prove all elements apply.
The Romeo and Juliet law does not apply to aggravated sexual assault charges involving children under 14. If the alleged victim was under 14, this defense is not available.
Can a 16-year-old legally date an 18-year-old in Texas?
Yes. When the age difference is three years or less and both individuals are over 14, a consensual sexual relationship is not criminal under Texas law. A 16-year-old and an 18-year-old fall within this protected range.
However, if the older person is 20 and the younger person is 16, the three-year gap is exceeded. If the younger person is 14 and the older is 18, that also exceeds the three-year allowance. In either scenario, the older individual could face criminal charges.
What defenses work against aggravated sexual assault of a child charges?
Every case is different, but experienced defense attorneys look for weaknesses in the state’s evidence. These cases often rely entirely on a child’s testimony without corroborating physical evidence. That creates opportunities to challenge the reliability and credibility of the allegations.
False accusations do happen. During custody disputes and divorces, one parent may coach a child to make accusations against the other. Adults who work with children, including teachers, coaches, and family friends, can become targets of mistaken or fabricated allegations.
Forensic interview techniques matter. Law enforcement officers and Child Protective Services investigators sometimes use leading questions that shape a child’s answers. A skilled defense attorney will scrutinize interview recordings for suggestive questioning that may have influenced the child’s statements.
The state must prove every element of the offense beyond a reasonable doubt. The defense doesn’t have to prove innocence. If the prosecution’s evidence leaves room for reasonable doubt about what happened or who was involved, the jury must acquit.
Why should you hire a Dallas child sexual assault lawyer immediately?
Time matters in these cases. If you learn you’re under investigation, contacting an attorney before you’re arrested can change the trajectory of your case. Early intervention allows your defense team to preserve evidence, identify witnesses, and potentially prevent charges from being filed.
Once charges are filed, the prosecution has resources and momentum. They’ve already interviewed the alleged victim, gathered their evidence, and built their theory of the case. Your defense attorney needs time to investigate, challenge forensic evidence, and develop your defense strategy.
These allegations also carry immediate collateral consequences. You may face emergency protective orders, lose contact with your own children, or have your employment affected before your case even goes to trial. An experienced attorney can help you address these issues while building your defense.
Facing aggravated sexual assault of a child charges in Dallas? Contact Varghese Summersett today.
If you believe you’re being investigated or have been accused of aggravated sexual assault of a child, don’t wait for detectives to show up at your door. Contact a defense attorney now.
At Varghese Summersett, our defense team includes Board Certified criminal defense specialists and former prosecutors who understand how the state builds these cases. We’ve represented clients facing the most serious sex crime allegations in Dallas County and throughout Texas.
Call 214-903-4000 for a free consultation. We’re available 24/7 because we know these situations don’t wait for business hours.
Frequently Asked Questions
How long do you go to jail for aggravated sexual assault of a child in Texas?
A conviction for aggravated sexual assault of a child carries 5 to 99 years or life in prison. If the child was under 6 years old, the minimum sentence is 25 years with no parole eligibility.
Is aggravated sexual assault of a child a registerable offense?
Yes. A conviction requires lifetime registration as a sex offender on both state and federal registries. This affects housing, employment, and contact with children for the rest of your life.
Can aggravated sexual assault of a child charges be dropped?
Charges can be dismissed if the evidence is insufficient, witnesses are unreliable, or constitutional violations occurred during the investigation. An experienced defense attorney can identify weaknesses that may lead to dismissal or reduction of charges.
What’s the difference between sexual assault and aggravated sexual assault of a child?
Sexual assault of a child is a second-degree felony involving victims aged 14 to 16 without aggravating factors. Aggravated sexual assault of a child is a first-degree felony that applies when the victim is under 14 or when aggravating factors are present.
Should I talk to police if I’m accused of aggravated sexual assault of a child?
No. You have the right to remain silent and the right to an attorney. Anything you say to investigators can be used against you. Contact a defense attorney before speaking with police, even if you believe you can explain the situation.
