Defense for Alleged Continuous Sexual Abuse of a Child

• Aggravated kidnapping (if the actor committed the offense with the intent to violate or abuse the victim sexually)
• Sexual assault
• Aggravated sexual assault
• Burglary (if the actor committed the offense with the intent to commit a sexual offense)

• Indecency with a child (if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child)
• Sexual performance by a child
• Trafficking of persons
• Compelling child prostitution

Continuous sexual abuse penalties in Texas

The Texas Penal Code clearly states the punishments for being convicted of continuous sexual abuse of a young child or children, saying:

“An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.”

In addition to state prison time, a person convicted of a first-degree felony is required to register as a sex offender and may face up to $10,000 in fines – not to mention any damages awarded to the victim in civil court.

Repeat offenders, or a person who has a prior sex offense conviction on their record, are automatically sentenced to life imprisonment.

Unlike other sex offenses, there is no early release option for a person convicted of continuous sexual assault of a child, nor is probation or deferred adjudication available.

Continuous sexual assault of a child defenses

Even if you believed that the minor was at least 18 years old, your knowledge of the victim’s age is not a valid defense in Texas – regardless of how sensible your belief was. However, everyone is guaranteed the right to a fair trial and an experienced lawyer can help you construct a strong legal defense.

While other criminal charges might be filed against a defendant, there are three affirmative defenses that may prevent a person from being prosecuted for committing continuous child sex abuse. Defendants cannot be charged with this specific offense in the following scenarios:

• Age. If the accused was not more than five years older than the youngest victim at the time the alleged abuse was committed.
• Consent. If the accused did not use force, duress or a threat against the victim/s during any sexual encounter.
• Record. If the accused was not required to register for life as a sex offender or had not received a conviction or adjudication for sexual abuse at the time the alleged sex act was committed.