Sexual Assault of a Minor Defense Lawyer

Child sex abuse charges in Texas carry some of the most severe penalties in the criminal justice system. These accusations can result in prison sentences ranging from 2 years to life in prison, mandatory sex offender registration, and permanent damage to your reputation and relationships. If you or someone you love has been accused, contact an experienced sex crimes defense attorney immediately. We defend sexual assault of a minor charges aggressively.

Cases involving allegations of child sexual abuse are often prosecuted on the word of the child alone. Texas law does not require medical evidence, DNA, or any other scientific corroboration to support these charges. An accusation alone can lead to an arrest, indictment, and trial.

What Are the Child Sex Abuse Charges in Texas?

Texas recognizes several distinct offenses involving allegations of sexual abuse against children. Each charge carries different elements, penalties, and consequences. Understanding what you’re facing is the first step in building a defense.

Continuous Sexual Abuse of a Child

This offense applies when there are allegations of at least two acts of sexual abuse against a child over a period greater than 30 days. Under Texas Penal Code Section 21.02, the accused must be at least 17 years old, and the alleged victim must be younger than 14. The two acts do not need to be against the same child.

Continuous sexual abuse of a child is a first-degree felony punishable by 25 years to life in the Texas Department of Criminal Justice (TDCJ) and up to a $10,000 fine. A conviction requires lifetime sex offender registration.

Aggravated Sexual Assault of a Child

Aggravated sexual assault of a child occurs when someone allegedly commits sexual assault against a child younger than 14. Under Texas Penal Code Section 22.021, qualifying acts include sexual intercourse, penetration by any means, and genital-to-genital contact.

This first-degree felony carries a minimum sentence of 5 years to life in prison. However, if the child was younger than 6, or if serious bodily injury occurred, the minimum increases to 25 years. Multiple allegations can result in “stacked” sentences served consecutively.

Sexual Assault of a Child

Sexual assault of a child involves allegations of sexual conduct with a child younger than 17 years of age. Under Texas Penal Code Section 22.011, this second-degree felony carries 2 to 20 years in prison and up to a $10,000 fine. A conviction requires lifetime sex offender registration.

Indecency with a Child by Contact

This charge applies when someone allegedly engages in sexual contact with a child younger than 17 with the intent to arouse or gratify any person’s sexual desire. Sexual contact includes touching of the anus, breast, or genitals. Indecency with a child by contact is a second-degree felony (2-20 years in prison) requiring lifetime sex offender registration.

Indecency with a Child by Exposure

This offense involves allegations that someone exposed their genitals or anus to a child younger than 17 with intent to arouse or gratify sexual desire, or caused a child to expose themselves. This third-degree felony carries 2 to 10 years in prison. Sex offender registration is required for 10 years, or for life if there’s a second conviction.

Prohibited Sexual Conduct (Incest)

Prohibited sexual conduct involves allegations of sexual relations between relatives. When the alleged victim is a child, the offense may involve a parent and child (by blood or adoption) or a stepparent and stepchild. Sexual relations with one’s own child is a second-degree felony (2-20 years), while relations with a stepchild is a third-degree felony (2-10 years). Both require lifetime sex offender registration.

Online Solicitation of a Minor

Under Texas Penal Code Section 33.021, this offense occurs when someone allegedly uses the internet, email, or text messages to solicit a minor to meet with the intent to engage in sexual activity. Learn more about criminal solicitation of a minor.

Watch: What is Online Solicitation of a Minor?

Sexual Performance by a Child

This offense focuses on visual representations depicting a child under 18 in sexual conduct. Under Texas Penal Code Section 43.25, it’s a second-degree felony (2-20 years) when the child is 14-17 and a first-degree felony (5-99 years or life) when the child is younger than 14.

Possession of Child Pornography

Possession of visual material depicting a child younger than 18 engaging in sexual conduct is a third-degree felony (2-10 years). Possession with intent to distribute or promote is a second-degree felony (2-20 years). Learn more about child pornography laws in Texas.

If you’re facing any of these serious allegations, protect your rights and your future by talking to a lawyer before speaking to police. Call Varghese Summersett for a free, confidential consultation.

What Is Statutory Rape in Texas?

Texas does not use the term “statutory rape.” Instead, the state prosecutes these cases as sexual assault of a child. Any allegation of sexual contact with a person who cannot legally consent (including anyone younger than 17) may be charged under sexual assault statutes. The age of consent in Texas is 17.

Watch: Why Sexual Assault Is the Worst Offense to Be Accused Of

How We’ve Helped Clients Facing Similar Charges

At Varghese Summersett, we have secured dismissals, no-bills, and favorable outcomes in numerous child sex abuse cases. Here’s an example of the results our team has achieved:

The Challenge: A client faced allegations of sexual assault of a child under 17, a second-degree felony that could have resulted in 2 to 20 years in prison and lifetime sex offender registration.

Our Approach: Our defense team conducted an independent investigation, identified inconsistencies in the allegations, and presented evidence to the grand jury demonstrating that the charges were unsupported.

The Result: The grand jury returned a No Bill, meaning no charges were filed and our client avoided prosecution entirely.

Disclaimer: Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own facts.

What Should You Do If CPS Contacts You?

A knock on the door from Child Protective Services can be terrifying. Understanding your rights and the investigation process is essential to protecting yourself and your family.

What Is CPS?

Child Protective Services is a state agency that investigates reports of suspected child abuse and neglect involving children under 17. Investigations typically begin when a detective notifies CPS or when CPS receives a report through its hotline. There is no formal screening process for evaluating the credibility of accusations, and reports can be made anonymously.

How Do CPS Investigations Work?

CPS workers attempt to interview everyone involved in an allegation. This includes conducting videotaped forensic interviews with children, visiting children at school, ordering sexual assault exams or physical examinations, and speaking with family members, neighbors, teachers, and medical professionals. The accused is typically the last person interviewed.

How Do CPS Investigations End?

At the conclusion of an investigation, CPS issues a formal ruling. They may find “reason to believe” the allegation, rule the case “unable to determine,” or rule it “unfounded.” A permanent record of the investigation is maintained regardless of the outcome.

Eight Steps to Take If CPS Contacts You

1. Take the accusation seriously. No matter how absurd the allegation seems, CPS and law enforcement will pursue it aggressively. Every accusation of child abuse can result in felony charges.

2. Understand the timeline. Most CPS investigations are completed within 30 days. By the time you learn about the investigation, your children may have already been interviewed and valuable time has passed.

3. Go in with your eyes open. CPS gathers most of its information before contacting the accused. You will be the last person interviewed, and investigators may have already formed opinions about the case.

4. Know your rights. CPS will not tell you that you have the right to remain silent. You can refuse to speak with them and can stop talking at any point.

5. Understand the consequences of talking. Anything you say to CPS can be used against you in both the CPS investigation and any criminal prosecution. CPS works closely with law enforcement and often shares information.

6. Don’t discuss the allegations with others. Casual admissions to friends, family, or coworkers can be transformed into damaging evidence later.

7. Don’t invite CPS into your home without a warrant. CPS cannot enter your home without your permission or appropriate legal authority such as a warrant or court order.

8. Prepare a list of potential caregivers. If CPS removes your children, having a list of relatives or friends willing to care for them can help keep your family together.

The prospect of defending yourself against false accusations is overwhelming. Contact an attorney experienced in defending child sex abuse cases the moment you learn you’re under investigation. Don’t wait. Get a free consultation today.

Frequently Asked Questions About Child Sex Abuse Charges

Can I be convicted without physical evidence?

Yes. Texas law does not require medical evidence, DNA, or any scientific corroboration. Prosecutors can and do pursue convictions based solely on the testimony of the alleged victim.

What is the penalty for continuous sexual abuse of a child?

Continuous sexual abuse of a child is a first-degree felony carrying 25 years to life in prison. There is no possibility of probation, and a conviction requires lifetime sex offender registration.

Should I take a polygraph if accused of child sexual abuse?

You should never agree to a polygraph without consulting an attorney first. Polygraph results are not admissible in court, but statements made during testing can be used against you. An experienced defense lawyer can advise whether a polygraph might help your case.

Can I be charged if the accusation is years old?

Yes. There is no statute of limitations for many child sex abuse offenses in Texas, including continuous sexual abuse of a child, aggravated sexual assault of a child, and sexual assault of a child. Prosecutors can file charges decades after the alleged offense.

What should I do if I’m falsely accused?

Contact a defense attorney immediately. Do not speak to police, CPS, or anyone else about the allegations without legal representation. False accusations are unfortunately common, and an experienced lawyer can investigate the accuser’s motives, identify inconsistencies, and build a defense strategy.

Why Choose Varghese Summersett?

When your freedom, your family, and your future are on the line, you need attorneys who have the experience, resources, and commitment to fight for you. Varghese Summersett has a team of more than 70 legal professionals, including multiple board-certified criminal defense attorneys. Our firm has secured more than 1,600 dismissals and 800+ charge reductions throughout our history.

We understand what you’re going through. Child sex abuse allegations are among the most stressful and stigmatizing accusations anyone can face. Our team approaches every case with compassion, professionalism, and an unwavering commitment to protecting your rights.

Schedule a Free Consultation

If you or a loved one is facing child sex abuse allegations, don’t wait to get help. Contact Varghese Summersett today for a free, confidential strategy session. During this consultation, we will discuss the facts of your case, explain the legal issues involved (including direct and collateral consequences), and outline potential defense strategies tailored to your situation.

Call (817) 203-2220 now. Time is of the essence.