If you or someone you love has been charged with sexual assault of a child in Fort Bend County, the next steps you take could determine the rest of your life. A conviction can carry decades in prison, lifetime sex offender registration, and consequences that never go away.
Why Your Choice of Attorney Matters in Fort Bend County
Child sexual assault allegations are among the most aggressively prosecuted cases in Texas. Fort Bend County prosecutors treat these charges as top priority. A conviction can mean prison time, no chance at deferred probation, and lifetime registration as a sex offender. The only way to fight back is with an attorney who has done this before — and done it successfully.
Varghese Summersett brings a team of more than 70 legal professionals across four Texas offices, including a Houston office that handles the most serious sex crimes cases in the region. The firm has earned over 1,600 dismissals and more than 800 charge reductions. That track record belongs to the firm as a whole, built by attorneys who came to defense work after years of prosecuting these exact cases.
Mike Hanson leads the Houston office and Fort Bend cases. Before joining Varghese Summersett, he served as an Assistant District Attorney in both Tarrant County and Fort Bend County. He knows exactly how these cases are built and where they fall apart.
The firm also includes Board Certified Criminal Law Specialists Anna Summersett, Benson Varghese and Letty Martinez. Attorneys Mike Hanson and Lisa Herrick are Board Certified in Juvenile Law. Five board-certified criminal attorneys in a single firm is exceptional by any standard in Texas.
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Common Questions When Facing These Charges
People accused of child sexual assault in Fort Bend County often come to us with the same urgent questions. Can these charges be beaten? What happens to my family while this plays out? Will I have to register as a sex offender even if I’m innocent? What if the accusation came from a child who was coached or confused?
These are fair questions, and they deserve real answers. The short version: yes, these charges can be challenged, and in some cases dismissed or rejected outright. The outcome depends heavily on the specific facts, the quality of the investigation, the credibility of the allegations, and how quickly you get an experienced attorney involved.
Other related charges that often accompany or are confused with sexual assault of a child in Fort Bend County include indecency with a child by contact, aggravated sexual assault of a child, and continuous sexual abuse of a child. Each carries its own set of elements, penalties, and defenses.
Texas Law: What Sexual Assault of a Child Actually Means
Texas law defines several related but distinct offenses involving sexual contact with a minor. Understanding which charge applies — and what the prosecution must prove — is the foundation of any defense.
Sexual Assault of a Child — Texas Penal Code § 22.011(a)(2)
Under Texas Penal Code § 22.011(a)(2), a person commits sexual assault of a child if they intentionally or knowingly cause the penetration of the anus or sexual organ of a child younger than 17 years of age by any means, cause the penetration of the mouth of a child by the sexual organ of the actor, or cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person.
To convict, the State must prove each of these elements beyond a reasonable doubt:
- The defendant intentionally or knowingly engaged in the prohibited sexual contact or penetration
- The victim was a child — defined as younger than 17 years of age
- No consent is required (consent is not a defense when the victim is under 17)
The burden of proof rests entirely on the State. The defendant has no obligation to prove innocence or testify at trial.
Sexual assault of a child is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. However, if the victim is younger than 14 years of age, the offense is enhanced to a first-degree felony, carrying 5 to 99 years or life in prison.
Aggravated Sexual Assault of a Child — Texas Penal Code § 22.021(a)(2)(B)
Under Texas Penal Code § 22.021(a)(2)(B), aggravated sexual assault of a child occurs when the victim is younger than 14 years of age, or when other aggravating factors are present — including use of a deadly weapon, causing serious bodily injury, administering drugs or intoxicants, or acting in concert with another person.
Aggravated sexual assault of a child is a first-degree felony with a mandatory minimum of 5 years and a maximum of 99 years or life. If the child is younger than 6, the minimum sentence rises to 25 years, with no possibility of parole until 35 calendar years are served — what Texas law calls “super aggravated” sexual assault.
Continuous Sexual Abuse of a Child — Texas Penal Code § 21.02
Under Texas Penal Code § 21.02, continuous sexual abuse of a child applies when a person commits two or more acts of sexual abuse against a child younger than 14 during a period of 30 days or more. This charge carries a mandatory minimum of 25 years in prison — defendants are not eligible for parole until 35 years have been served. There is no probation available for this offense.
Indecency with a Child — Texas Penal Code § 21.11
Under Texas Penal Code § 21.11, indecency with a child by sexual contact is a second-degree felony. Indecency with a child by exposure is a third-degree felony. Both require sex offender registration upon conviction.
Consequences Beyond Prison
A conviction for any of these offenses triggers Texas sex offender registration, which is public, permanent, and can follow a person for life. Registered sex offenders face restrictions on where they can live, work, and travel. They are prohibited from living near schools, parks, or daycare facilities. Many lose the right to possess firearms and face ongoing reporting requirements for decades.
Even a deferred adjudication — often considered a less severe outcome in other criminal cases — can require sex offender registration and will appear in most background checks. The consequences reach into every part of life: employment, housing, child custody, and professional licenses.
Bond Amounts for Child Sexual Assault in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County, here is what we have seen for child sex offense charges:
Typical Bond Amounts for Child Sex Offenses in Fort Bend County
| Charge | Cases Analyzed | Average Bond | Most Common Bond |
|---|---|---|---|
| Sexual Assault of a Child (§ 22.011) | 27 | $130,926 | $100,000 |
| Aggravated Sexual Assault of a Child (§ 22.021) | 13 | $140,769 | $150,000 |
| Indecency with a Child by Sexual Contact (§ 21.11) | 19 | $101,053 | $100,000 |
| Continuous Sexual Abuse of Child Under 14 (§ 21.02) | 10 | $198,500 | $200,000 |
These bonds are among the highest of any offense category in Fort Bend County. Judges set bonds at these levels because of the serious nature of the charges and flight risk concerns. A Fort Bend defense attorney can file a motion to reduce bond based on ties to the community, lack of criminal history, and other mitigating factors.
Defenses to Child Sexual Assault Charges in Texas
Accusations are not proof. The State must build its case from scratch and prove every element beyond a reasonable doubt. Experienced defense attorneys know where these cases are weakest.
False or Fabricated Accusations
Children can be coached, manipulated, or confused — especially in contentious custody disputes, family conflicts, or cases involving outside adult influence. Studies of forensic interviews show that improper questioning techniques can implant false memories or shape a child’s recollection. Defense attorneys look closely at who first made the allegation, the circumstances surrounding the disclosure, and whether proper forensic interview protocols were followed.
Challenging the Forensic Interview
Texas law requires child forensic interviews to follow specific protocols to minimize suggestibility and contamination. If investigators asked leading questions, conducted multiple interviews, or failed to document the process, the reliability of the child’s statement is legitimately in question. This is a technical but powerful defense in many cases.
Lack of Physical or Corroborating Evidence
Many child sexual assault prosecutions rest almost entirely on the testimony of one person: the child. When no physical evidence exists — no DNA, no medical findings, no third-party witness — the defense can aggressively challenge the absence of corroboration. Texas law does permit conviction on uncorroborated child testimony, but juries must find it credible beyond a reasonable doubt.
Mistaken Identity or Misattribution
In some cases, a child correctly reports an assault but is wrong about who the perpetrator was — particularly in family settings where multiple adults were present or when the child experienced trauma that affects memory. Expert psychological testimony can address these issues at trial.
Age-Based Defenses
In limited circumstances, a defendant who did not know and could not reasonably have known the alleged victim’s age may raise an affirmative defense. This is narrow and must be carefully developed with the specific facts of the case. Learn more about the age defense in Texas.
Challenging the State’s Evidence at Every Stage
A thorough defense also includes motions to suppress illegally obtained evidence, challenging the chain of custody for physical evidence, retaining independent experts to review medical and psychological findings, and deposing the investigating detectives and forensic examiners.
Firm Results in Child Sex Cases
Varghese Summersett has achieved significant results in child sexual assault and related cases, including multiple grand jury no-bills — meaning the grand jury reviewed the evidence and declined to indict. In one case involving aggravated sexual assault of a child, the grand jury returned a no-bill after reviewing the full evidentiary record. In three separate cases involving sexual assault of a child under 17, the grand jury declined to indict in each instance. In cases involving indecency with a child, the firm has secured both dismissals and no-bills.
These results do not guarantee any particular outcome in your case. Every case is different, and past results do not predict future outcomes.
How a Fort Bend County Child Sexual Assault Case Unfolds
Understanding the timeline helps you act strategically from day one.
Most cases begin with a report — often to the Fort Bend County Sheriff’s Office, the Sugar Land Police Department, or another local agency. Investigators typically refer the case to the Children’s Advocacy Center of Fort Bend County, where a forensic interviewer will conduct a structured interview with the child. The detective will then begin gathering evidence, potentially including medical examinations, digital device forensics, and witness interviews.
After the investigation is complete, the detective presents the case to the Fort Bend County District Attorney’s Office. A prosecutor reviews the file and decides whether to present charges to a grand jury. If indicted, your case is set for arraignment in one of the Fort Bend County district courts at the Fort Bend County Justice Center in Richmond. From arraignment, the case moves through pretrial hearings, potential motions to suppress, and ultimately to trial or resolution.
This process can take months or even years. An attorney involved from the investigation stage — before charges are even filed — can sometimes prevent an indictment entirely. Do not wait for charges before calling an attorney.
If you are contacted by a detective investigating a sexual allegation, you have the right to remain silent and the right to an attorney. Exercise both. Anything you say can and will be used against you.
What to Expect From Varghese Summersett
Facing a child sexual assault charge in Fort Bend County is one of the most serious situations a person can encounter. At Varghese Summersett, we treat it that way from the first call.
We begin with a thorough review of everything the prosecution will use — the forensic interview, the medical records, the detective’s notes, the digital evidence. We identify weaknesses early and build a strategy around them. We retain independent experts when the evidence calls for it. We file the motions that need to be filed, challenge the evidence that can be challenged, and prepare relentlessly for trial if that is where the case is headed.
Our attorneys include former prosecutors who tried child sexual abuse cases for years before becoming defense attorneys. They know how these cases are investigated, how they are presented to grand juries, and where the proof breaks down. That experience is a significant advantage.
We know this is a nerve-wracking time for you and your family. We communicate clearly, answer your questions honestly, and never leave you guessing about where your case stands. Our team is available around the clock because we know these calls don’t come at convenient times.
To speak with a Fort Bend child sexual assault defense attorney right away, call (281) 805-2220.
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Video: What to Do If You Are Falsely Accused of Sexual Assault
Letty Martinez breaks down what you should — and should not — do if you have been accused of sexual assault in Texas.
Frequently Asked Questions: Child Sexual Assault Charges in Fort Bend County
Can child sexual assault charges be dismissed in Fort Bend County?
Yes. Cases are dismissed for many reasons — insufficient evidence, forensic interview problems, false allegations, lack of corroboration, and constitutional violations during the investigation. A grand jury can also return a no-bill, meaning charges are never formally filed. The key is having an attorney review the evidence as early as possible and challenge every weakness before the case reaches trial.
Will I have to register as a sex offender if I’m convicted?
A conviction for sexual assault of a child, aggravated sexual assault of a child, indecency with a child, or continuous sexual abuse of a child triggers mandatory sex offender registration under Texas law. The registration period depends on the offense. Some offenses require lifetime registration. This is one of the most damaging collateral consequences of a conviction and is an important reason to fight the charges aggressively from the start.
What if the only evidence is the child’s testimony?
Texas law allows conviction based on the uncorroborated testimony of a child victim alone. However, the child’s testimony must be credible and convincing beyond a reasonable doubt. Defense attorneys can challenge the child’s account through cross-examination, expert witnesses on memory and suggestibility, evidence about who first made the disclosure, and problems with the forensic interview process.
Can a juvenile be charged with sexual assault of a child in Texas?
Yes. Juveniles can be charged in the juvenile justice system or, in serious cases, certified as adults and tried in district court. The Fort Bend juvenile defense team at Varghese Summersett handles both tracks and understands how to approach these cases to protect a young person’s future.
What is the difference between sexual assault of a child and aggravated sexual assault of a child?
Sexual assault of a child under § 22.011 generally covers cases where the victim is under 17. Aggravated sexual assault under § 22.021 applies when the victim is under 14, or when aggravating factors are present — such as threats, weapons, or intoxicants. Aggravated carries higher minimum sentences and, in cases involving victims under 6, triggers mandatory minimum sentences of 25 years without parole. Learn more about both charges on our sexual assault of a child and aggravated sexual assault of a child pages.
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Speak With a Fort Bend Child Sexual Assault Defense Attorney Now
These charges move fast and the stakes are enormous. Every day that passes without an attorney can cost you — in how evidence is preserved, how witnesses are approached, and how the investigation is allowed to proceed without challenge.
Varghese Summersett’s Fort Bend team is available now. Call (281) 805-2220 or use the contact form on this page to speak with a member of our team right away. Your consultation is free and confidential.