What Is Sexual Assault of a Child Under Texas Law?
Sexual assault of a child in Texas means any sexual contact or penetration involving a person under age 17. Under Texas Penal Code § 22.011, a child cannot legally consent to sex, so even willing participation is not a defense. If you’re facing these allegations in Dallas, you need a defense attorney who has successfully tried these cases to verdict.
At Varghese Summersett, our partners are former prosecutors who handled crimes against children cases. We know exactly how the Dallas County District Attorney’s office builds child sexual assault prosecutions because we helped develop their procedures. That experience now works for our clients.
The stakes in these cases are severe. A conviction means mandatory sex offender registration for life. Depending on the child’s age and other factors, you could face anywhere from two years to life in prison with no possibility of parole. False allegations happen more often than most people realize, particularly during custody disputes. An experienced defense can mean the difference between prison and freedom.
What Are the Different Charges for Child Sexual Assault in Texas?
Texas law categorizes child sexual assault charges based on the victim’s age and the presence of aggravating factors. Understanding these distinctions is critical because the penalties vary dramatically.
Sexual Assault of a Child (Ages 14-16): Under Texas Penal Code § 22.011, sexual contact with a child aged 14 to 16 is a second-degree felony. This carries 2 to 20 years in prison.
Aggravated Sexual Assault of a Child (Ages 6-13): When the victim is under 14, the charge elevates to aggravated sexual assault of a child under Texas Penal Code § 22.021. This is a first-degree felony punishable by 5 years to life in prison.
Super Aggravated Sexual Assault of a Child: This charge applies automatically when the victim is under six years old. It also applies when the victim is under 14 and any of these aggravating factors exist: use of a deadly weapon, causing serious bodily injury, threatening death or serious injury, or using drugs to facilitate the assault. The punishment is 25 years to life with no possibility of probation or parole.
What Are the Penalties for Sexual Assault of a Child in Dallas?
Texas imposes some of the harshest penalties in the nation for child sexual assault convictions. The punishment depends primarily on the victim’s age at the time of the offense.
Second-Degree Felony (victim age 14-16): 2 to 20 years in the Texas Department of Criminal Justice and fines up to $10,000.
First-Degree Felony (victim age 6-13): 5 years to life in prison and fines up to $10,000.
Super Aggravated Sexual Assault (victim under 6 or aggravating factors with victim under 14): Minimum 25 years to 99 years or life. No probation. No parole. No deferred adjudication.
Beyond prison time, a conviction triggers lifetime sex offender registration under Texas Code of Criminal Procedure Chapter 62. This applies regardless of whether you receive deferred adjudication, probation, or prison time.
Can You Get Probation for Sexual Assault of a Child in Texas?
Probation options are extremely limited for child sexual assault convictions in Texas. Here’s what the law actually allows.
If the victim was under 14 at the time of the offense, neither a judge nor jury can grant probation. Period. This applies to aggravated and super aggravated sexual assault cases. Shock probation is also unavailable because Texas law requires the defendant be “otherwise eligible for community supervision.”
For cases involving victims aged 14 to 16, judges cannot impose probation as a sentence. Juries technically can, but only if the sentence is 10 years or less.
One narrow exception exists: offenses committed before September 1, 2007, may allow shock probation because community supervision was available for these offenses until that date.
Is Deferred Adjudication Possible for Child Sexual Assault?
Deferred adjudication is theoretically possible but practically rare. Under Texas Code of Criminal Procedure Article 42A.102, a judge may grant deferred adjudication only if they find it serves the victim’s best interest. This almost never happens.
Deferred adjudication is completely unavailable if you have any prior sexual offense on your record, including a previous deferred adjudication.
Even if you receive deferred adjudication, you must still register as a sex offender for life. Many people don’t realize this until it’s too late.
What Should I Do If I’m Being Investigated for Child Sexual Assault?
Call a defense attorney before speaking to anyone. This includes your spouse, family members, friends, and especially law enforcement. Anything you say can and will be used against you.
The single biggest mistake we see is people talking to police detectives without an attorney present. Detectives are trained interrogators. They may tell you that cooperating will help your case or that they just want to “clear things up.” These statements are designed to get you talking. Nothing you say will make the investigation go away, but plenty of what you say can be used to arrest and convict you.
If you receive a call from Child Protective Services (CPS), assume law enforcement is involved. In most child sexual assault investigations, a police detective watches forensic interviews through a one-way mirror or video feed. The CPS worker may not tell you this.
The defense team at Varghese Summersett can intervene early to protect your rights, potentially avoid an arrest, and begin building your defense while evidence is still fresh.
How Do You Defend Against False Allegations of Child Sexual Assault?
False allegations of child sexual assault occur more frequently than many people realize. They often arise during contentious custody battles, divorces, or situations where a child has been influenced by another adult. An experienced defense attorney knows how to investigate these cases and expose false accusations.
Here’s what most people don’t understand: a child’s statement alone is often enough for an arrest and sometimes enough for a conviction. Texas law does not require physical evidence to prosecute these cases. Most child sexual assault charges are filed without any physical evidence at all, and many result in convictions.
Texas law also does not require the child to specify an exact date for the alleged offense. This means your “alibi” for a specific day may not help because the prosecution can simply argue the assault happened on a different day within a broader timeframe.
Despite these challenges, strong defenses exist. Our attorneys investigate every aspect of the case, including the circumstances surrounding the accusation, the child’s statements over time, the influence of other adults, and any inconsistencies in the evidence. We work with forensic experts, child psychology specialists, and investigators to build the strongest possible defense.
Detectives and prosecutors can develop tunnel vision in these cases. The nature of the allegations makes them want to believe the child and prosecute aggressively. We’ve seen cases move forward despite exculpatory evidence and passed polygraph tests. Your defense attorney must be prepared to fight at every stage.
Why Choose Varghese Summersett for Your Defense?
Child sexual assault allegations require a defense team with specific experience in these cases. At Varghese Summersett, all of our partners are former prosecutors. Several handled crimes against children cases for the district attorney’s office. We didn’t just learn the Crimes Against Children playbook. We helped write it.
Our track record in child sexual assault cases is unmatched in North Texas. We have achieved dismissals, reduced charges, and favorable outcomes at pre-trial hearings, before grand juries, and at trial. We have heard juries return “not guilty” verdicts in cases other firms wouldn’t touch.
Our firm includes Board Certified criminal defense attorneys with decades of combined experience. We have the resources to hire the expert witnesses, investigators, and specialists your case may require. In nearly every case we handle, our team has more experience than the prosecution.
Frequently Asked Questions About Child Sexual Assault Charges in Dallas
What is the age of consent in Texas?
The age of consent in Texas is 17. Any sexual contact with a person under 17 is illegal, regardless of whether the minor appeared to consent or lied about their age.
Will I have to register as a sex offender if convicted?
Yes. A conviction for any form of child sexual assault in Texas requires lifetime sex offender registration. This applies even if you receive deferred adjudication or probation instead of prison time.
Can the charges be dropped if the child recants?
Not necessarily. Prosecutors can and often do proceed with cases even when the alleged victim recants. They may argue the child was pressured to change their story or that the original statement was more reliable.
What if I didn’t know the child was under 17?
Mistake of age is not a legal defense under Texas law. Even if the child lied about their age, showed you a fake ID, or looked older, you can still be convicted.
How long do I have to worry about being charged?
There is no statute of limitations for sexual assault of a child under Texas law. Charges can be filed at any time, even decades after the alleged offense.
Contact a Dallas Child Sexual Assault Lawyer Today
If you or a family member faces child sexual assault allegations in Dallas, Fort Worth, or anywhere in North Texas, contact Varghese Summersett immediately. Early intervention by an experienced defense attorney can make a critical difference in your case.
We offer free, confidential consultations. Call us at 214-903-4000 to speak with a Dallas child sexual assault lawyer who will fight for your future.
