Continuous Sexual Assault of a Child

Continuous Sexual Assault of a Child

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There are few crimes that stir up as much emotion as sex crimes against children. The media and even entire communities can portray someone as “guilty” long before their case is heard in the court of law. 

Attorney Kent Starr recently defended an individual accused of Continuous Sexual Assault of a Child in Wood County, Texas. Mr. Starr took the case to court, where after just 20 minutes of deliberation, the jury came back with a “not guilty” verdict. 

Click here to watch that individual speak about their case, and how Attorney Kent Starr skillfully represented them. 

Click here to check this case on the counties website.

What Is “Continuous Sexual Assault of a Child”?

A search warrant document with a gavel and magnifying glass on a wooden table.
A legal search warrant document with a gavel and magnifying glass, symbolizing law enforcement procedures.

Simply put, Texas Penal Code, § 22.011 Sexual Assault makes it illegal for adults to have sexual contact with minors under 17 years of age.

Another section of the Texas Penal Code, § 21.02. Continuous Sexual Abuse Of Young Child Or Disabled Individual, provides a strict definition for “continuous.” This section reads, in part: 

“(1)  during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2)  at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is:

(A)  a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense[.]”

Note that if such a case goes to trial, “[M]embers of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. 

The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.”

Defenses to Continuous Sexual Assault of a Child Charges

It is only after reviewing the specifics of your case that an attorney can recommend a defense strategy. Below are examples of possible defenses to these charges. 

A lack of evidence. Remember, the prosecution must prove, beyond a reasonable doubt, that you committed Continuous Sexual Assault of a Child as set forth in the Texas Penal Code.

Illegally obtained evidence. The police must obey the law when they gather evidence. For example, they need your permission or a valid search warrant to enter and search your home, vehicle or office. The court may throw out illegally obtained evidence.

Affirmative defenses listed in the Texas Penal Code. There are several exceptions to Texas law, which are called “affirmative defenses.” 

  • For example, an individual cannot be charged with a crime for having consensual sexual relations with their spouse.
  • In addition, the law protects certain close-in-age, opposite-sex teenage couples who have consensual sexual relations. This defense is informally called a Romeo and Juliet defense. (In Texas, the Romeo and Juliet defense does not apply to same-sex couples.)

Please note that not knowing a minor’s true age is not an affirmative defense, even if you were lied to or otherwise deceived.

Continuous Sexual Assault of a Child in Texas: FAQs

Below are some of the most frequently asked questions about Continuous Sexual Assault of a Child. This information is meant to be a general overview of the law and is not a substitute for consulting with an attorney about your specific case. 

Is Continuous Sexual Assault of a Child a felony?

In Texas, yes, Continuous Sexual Assault of a Child is a first degree felony. Prison sentences range from 25 to 99 years or a life sentence. 

A conviction has other consequences beyond spending decades behind bars. Upon an individual’s release, they must register on both the Texas Sex Offender Registry and the National Sex Offender Public Website. 

Individuals with a felony conviction on their record also face barriers when seeking employment or finding a home to rent. 

How are allegations of Continuous Sexual Assault investigated?

You will likely hear from from law enforcement or Child Protective Services. They may want to interview you and may even come across as open to hearing your side of the story.

However, it’s in your best interest not to speak to anyone except a sexual assault defense lawyer. Law enforcement and CPS employees are skilled interrogators who may misconstrue what you say or do. And, they’re working for the prosecution and are not on your side.

Can a minor be charged with Continuous Sexual Assault of a Child?

Anyone 17 years of age or older could face these charges. As mentioned above, Texas has a close-in-age exemption that protects teenage couples who have sexual relations. 

This is often called a “Romeo and Juliet” defense. In Texas, the close-in-age defense does not apply to same-sex couples, only opposite-sex couples.

Contact a Continuous Sexual Assault Defense Attorney in Plano

Facing charges of continuous sexual assault of a child can seem overwhelming and isolating, but you’re not alone. Attorney Kent Starr has built his career defending his clients against accusations such as continuous sexual assault, indecency with a minor, statutory rape, and more. 

Mr. Starr is a compassionate and skilled trial attorney — he is not a “plea bargain lawyer.” It’s a myth that a plea bargain is always the best possible outcome for serious felony sex crimes. Mr. Starr is not intimidated by the prosecution or the thought of a jury trial. 

Attorney Starr’s goal is the same as yours: a case outcome that has the least impact on you, your family, and your future, so that you can move forward with your life. There are many sexual assault defense attorneys in Plano, TX, but no one can match Attorney Kent Starr’s drive and commitment.

Take a look at Attorney Kent Starr’s client reviews. Again and again, you will read testimonies from people he represented for two or three years — long after an unmotivated “plea bargain attorney” would have washed their hands of the case. 

Another advantage to hiring Attorney Kent Starr is that he is a bail bonds attorney. If you’re already in jail, one call to his office can secure your release and start your legal representation. Call Starr Law, P.C. today for your free consultation, 214-982-1408.

Related Articles

What is the legal age of consent in Texas?

Resources

Texas Penal Code, Chapter 21. Sexual Offenses

Texas Sex Offender Registry

National Sex Offender Public Website