Continuous sexual abuse of a young child is one of the most seriously prosecuted charges in Texas law. A conviction means a mandatory sentence of 25 to 99 years or life in prison — with no possibility of parole. If you or someone you love has been accused of this offense in Fort Bend County, the time to act is now.
Why the Defense Team You Choose Matters Here
Varghese Summersett is one of the most decorated criminal defense firms in Texas, with four offices, a team of highly respected criminal defense attorneys, and a track record that includes over 1,600 dismissals and more than 800 charge reductions. The firm has five board-certified attorneys — a credential held by fewer than 3% of Texas lawyers — and more than 100 years of combined legal experience.
Mike Hanson leads Varghese Summersett’s Houston office and is Board Certified in Juvenile Law. He served as an Assistant District Attorney in both Tarrant County and Fort Bend County and has tried more than 60 jury trials. His firsthand experience inside the Fort Bend County court system gives him a distinct advantage for clients in this region.
You've Seen Us On
What Is Continuous Sexual Abuse of a Young Child?
Many people ask how this charge is different from other child sex offenses in Texas. The answer comes down to repeated conduct over time. Where a single act might be charged as sexual assault of a child or indecency with a child, prosecutors use the continuous offense statute when they allege an ongoing pattern of abuse.
Under Texas Penal Code § 21.02, a person commits continuous sexual abuse of a young child if:
- The conduct spans a period of 30 or more days
- During that period, the person commits two or more acts of sexual abuse
- The actor is 17 years of age or older at the time of each act
- The victim is a child younger than 14 years of age at the time of each act
“Acts of sexual abuse” is defined broadly under the statute. Qualifying acts can include sexual contact under § 21.11(a)(1), sexual assault under § 22.011, aggravated sexual assault under § 22.021, and several others.
What the Prosecution Must Prove
In any criminal case, the burden of proof rests entirely on the State of Texas. The defendant has no obligation to prove innocence. The prosecution must establish every element of this offense beyond a reasonable doubt — the highest legal standard in our justice system.
Specifically, the State must prove:
- The defendant was 17 years of age or older
- The victim was a child younger than 14
- At least two qualifying acts of sexual abuse occurred
- Those acts took place during a period of 30 or more days in duration
One significant — and controversial — feature of this statute: the jury is not required to agree unanimously on which specific acts were committed. The jury only needs to agree unanimously that at least two qualifying acts happened during the required time period. This unusual provision was upheld by Texas courts and makes these cases particularly difficult to defend without an experienced attorney who understands how to challenge the evidence at every level.
Penalties for Continuous Sexual Abuse of a Young Child in Texas
This charge carries its own special punishment range that is separate from the standard first-degree felony scale. Under Texas Penal Code § 21.02(h), a conviction is punishable by:
- Imprisonment for 25 to 99 years or life in the Texas Department of Criminal Justice
- No parole — the defendant must serve the entire sentence day-for-day
- A fine of up to $10,000
- Lifetime registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure
The minimum 25-year mandatory sentence — with no path to parole — sets this offense apart from virtually every other felony in Texas law. The consequences reach far beyond prison time: sex offender registration affects where you can live and work for the rest of your life.
Bond Amounts for Continuous Sexual Abuse of a Child in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County:
| Charge | Cases Analyzed | Average Bond | Most Common Bond |
|---|---|---|---|
| Continuous Sexual Abuse of a Child (Victim Under 14) — TPC § 21.02(b) | 10 | $198,500 | $200,000 |
Bonds in these cases are among the highest set in Fort Bend County. Judges weigh the seriousness of the alleged offense, the defendant’s community ties, prior criminal history, and the risk of harm to the alleged victim. In some cases, a bond reduction hearing can be pursued with the right legal advocacy.
How These Cases Are Built — and How They Can Be Challenged
Child sex abuse cases are built on a narrow set of evidence types: the child’s outcry statement, forensic interviews, medical examinations, and sometimes digital communications or other circumstantial evidence. Each of these can be challenged on multiple grounds.
Challenging the Forensic Interview
Law enforcement typically works with trained forensic interviewers to question child complainants. However, suggestive questioning techniques, multiple interviews before the formal recorded session, or contamination by caregivers can seriously undermine the reliability of a child’s statement. An experienced defense attorney will scrutinize the entire interview process, not just the recorded segment.
Challenging the Timeline
The 30-day duration requirement is an essential element of this offense. If the alleged conduct occurred over fewer than 30 days — or if the timeline is too vague and inconsistent to be established beyond a reasonable doubt — the continuous offense charge cannot stand. Prosecutors sometimes overcharge based on allegations that do not actually meet the statutory threshold.
Challenging the Qualifying Acts
Not every allegation of inappropriate touching qualifies as an “act of sexual abuse” under § 21.02. The defense can challenge whether the alleged conduct actually meets the statutory definition of a qualifying offense, and whether the evidence supports that at least two such acts occurred.
False Accusations and Outcry Context
False accusations in child sexual abuse cases do occur, particularly in high-conflict family situations, custody disputes, or when a child has been coached or influenced by an adult. The defense must thoroughly investigate the relationships, motivations, and communications surrounding the initial disclosure.
Challenging Physical Evidence
Many continuous sexual abuse allegations involve no physical findings at all. The absence of medical corroboration, or findings that are consistent with normal anatomy, can be powerful evidence in the defense of these cases. Expert witnesses are often essential.
The Legal Process in Fort Bend County
If you have been arrested or are under investigation for this offense in Fort Bend County, here is what to expect:
- Arrest and booking at the Fort Bend County Jail in Richmond, Texas
- Bond hearing before a Fort Bend County magistrate judge — bonds in these cases are typically set at six figures
- Grand jury presentation — the State presents evidence to a grand jury, which votes to indict or no-bill
- Pre-trial litigation — suppression motions, expert witness designations, discovery battles
- Trial or plea resolution — in Fort Bend County’s district courts in Richmond, Texas
Fort Bend County cases of this severity are handled in the district courts located at the Fort Bend County Justice Center. Given the mandatory minimum and prohibition on probation, the stakes at trial could not be higher.
One thing that cannot be overstated: the earlier you retain counsel, the better. An attorney who gets involved before or during the investigation — before charges are filed — has far more ability to shape outcomes than one retained after indictment.
If you are under investigation and a detective has contacted you, do not speak to law enforcement without an attorney present. Anything you say will be used against you.
What to Expect From Varghese Summersett
When you hire Varghese Summersett, you are not getting a general practice firm that handles these cases occasionally. You are getting attorneys whose careers have been built — in courtrooms, prosecutors’ offices, and forensic interview rooms — around exactly this type of case.
The firm’s approach is aggressive, thorough, and proactive. Our team reviews every statement, every interview, every piece of physical evidence, and every procedure used to build the State’s case. We retain experts when warranted, file motions when the law supports them, and take cases to trial when that is the right path.
The firm has defended clients against sexual assault charges in Fort Bend County and across Texas. To speak with an attorney at no charge, call (281) 805-2220.
Award-Winning Legal Excellence
Ask Varghese Summersett AI
Versus-AI has been taught everything from our website and is here to help you find the answers you need. Ask Versus-AI anything.
Watch: What to Do If You’re Falsely Accused of Sexual Assault
Letty Martinez explains what you should if you have been falsely accused of sexual assault.
Frequently Asked Questions
Can a person charged with continuous sexual abuse of a child get probation in Texas?
No. Texas Penal Code § 21.02(h) expressly prohibits the court from suspending a sentence and placing a convicted defendant on community supervision. If convicted, prison time is mandatory. This makes the defense of these cases — and any pre-trial resolution — critically important.
Does the jury have to agree on exactly which acts occurred?
No, and this is one of the most controversial aspects of this statute. The jury must unanimously agree that at least two qualifying acts of sexual abuse occurred during the 30-plus-day period, but they do not have to agree unanimously on which specific acts those were. This means the defense must be prepared to challenge the entire alleged pattern, not just individual incidents.
What happens if the only evidence is the child’s testimony?
A conviction can rest on the testimony of the child complainant alone in Texas. However, that does not mean the case is unwinnable. The defense must rigorously examine the circumstances of the disclosure, the forensic interview process, any prior inconsistent statements, the relationship between the child and the accused, and whether any adult may have influenced or coached the child’s account.
How is continuous sexual abuse different from aggravated sexual assault of a child?
Aggravated sexual assault of a child under Texas Penal Code § 22.021 charges a specific single act. Continuous sexual abuse under § 21.02 charges a pattern of conduct — two or more qualifying acts over 30 or more days. The continuous offense carries its own special punishment range with a 25-year floor and no probation, whereas aggravated sexual assault of a child is a first-degree felony punishable by 5 to 99 years or life. Learn more about related charges: Aggravated Sexual Assault of a Child and Super Aggravated Sexual Assault of a Child.
Should I talk to the detective who called me about this case?
No. Respectfully decline to make any statements and immediately contact a criminal defense attorney. Detectives investigating child sexual abuse cases are trained to obtain admissions and damaging statements. You have an absolute right to remain silent. Use it.
Fort Bend County Criminal Defense Practice Areas
Experienced criminal defense attorneys serving Fort Bend County
Facing charges in Fort Bend County? Get a free consultation.
Speak With a Fort Bend County Defense Attorney Now
A charge of continuous sexual abuse of a young child is one of the most serious allegations the Texas criminal justice system can bring. The mandatory 25-year minimum, the prohibition on parole, and the lifetime consequences of sex offender registration mean there is no room for anything less than experienced, aggressive, and thorough defense.
Varghese Summersett has the team, the credentials, and the courtroom experience to defend these cases in Fort Bend County. Call (281) 805-2220 for a free, confidential consultation.