Accusations that your child inappropriately touched another child can turn your world upside down. No matter how outlandish or improbable these allegations are, you must take them seriously as a parent or guardian. A criminal conviction could impact your child, both today and well into the future.
Learn more about the criminal charges your child could face, how a child’s age plays a role in the Texas court system, answers to commonly asked questions, and the importance of consulting a criminal defense attorney.
What Does TX Law Say About a Child Inappropriately Touching Another Child?
Two Texas laws that pertain to the inappropriate touching of a child are Indecency with a Child and Sexual Assault.
- § 21.11. Indecency with a Child includes acts of exposure and touching (even over clothing), but not acts of penetration.
- § 22.011. Sexual Assault includes acts of penetration.
Informally, these allegations are sometimes called child-on-child sexual assault, peer-to-peer sexual abuse, and child-on-child molestation.
Defenses for Minors Charged with Inappropriately Touching Other Minors
Depending on the specific details of your child’s case, one of the following defenses may be appropriate. This is not meant to be an all-inclusive list of defenses for minors accused of Indecency with a Child or Sexual Assault, as the circumstances of each case are different.
Your child is not guilty of inappropriately touching another child
The law’s definition of “inappropriate” is specific. For example, Indecency with a Child charges hinge on the fact that the alleged touching occurred “with the intent to arouse or gratify the sexual desire of any person.”
In some cases, the truth may be that inappropriate touching never actually occurred. For example, false accusations can be made by an adult who has their own ulterior motives to paint you or your child in an unfavorable light.
Your child was in a consensual relationship
Some parents or guardians have a difficult time watching their children mature. They may believe their child is not interested in sex or dating, when in fact they are. Or, a youth may concoct a false narrative after a dating relationship ends.
In Texas, consensual sexual activity amongst opposite-sex youth and teenagers is protected by a close-in-age exemption. This exemption is also called a “Romeo & Juliet defense” or “Romeo & Juliet law.”
Two important things to know about close-in-age exemptions in Texas are:
- Same-sex couples are not protected by this defense.
- Not knowing someone’s real age is not a defense, even if your child was lied to or otherwise deceived.
For Indecency with a Child, a Romeo & Juliet defense may be used if the accused party “was not more than three years older than the victim and of the opposite sex” at the time of the alleged act.
For Sexual Assault, a Romeo & Juliet defense could be used if the accused party “was not more than three years older than the victim” and the victim “was a child of 14 years of age or older” at the time of the alleged act.
When Your Child Is Accused of Inappropriately Touching Another Child: Commonly Asked Questions
Will my child be charged as a juvenile or an adult?
A child’s age at the time of the alleged inappropriate touching can determine whether their case is heard in juvenile court.
- According to the Texas Juvenile Justice Department, the state’s juvenile courts hear cases regarding “a person who was at least 10 years old but not yet 17 at the time he or she committed an act defined as ‘delinquent conduct.’”
- “Delinquent conduct” is further defined as conduct “that, if committed by an adult, could result in imprisonment or confinement in jail.”
In some cases, the prosecution may push for a child under 17 to be tried as an adult. Individuals who are 17 years of age and older at the time of the alleged act are typically tried as adults.
When should we contact an attorney?
It’s wise to reach out to a criminal defense attorney as soon as anyone makes allegations against your child, including school employees or another parent. You do not need to wait until the police ask to speak with you or your child is officially charged. In fact, it’s in your best interest not to wait.
Any type of alleged sexual misconduct, including child-on-child sexual assault, is taken seriously by the court system. By the time law enforcement knocks on your door, the prosecution has already built a case against your child.
Was Your Child Accused of Inappropriately Touching Another Child? 3 Reasons to Contact an Attorney
There are many benefits to contacting an attorney as soon as your child is accused of child-on-child molestation or peer-to-peer sex abuse.
An attorney can pursue the right venue for your child’s case. In some cases, the prosecution may push for a juvenile to be tried as an adult even when the facts don’t warrant it.
An attorney can fight for the most favorable resolution. A motivated criminal defense attorney has your child’s best interest in mind, period. It’s their job to pursue an outcome that has the least impact on your child and their future.
An attorney can help uphold your child’s legal rights. As the defendant in a criminal case, your child has legal rights. All too often, these rights are misunderstood or overlooked. An attorney can help you understand your child’s rights as you navigate the legal system.
Contact a Plano TX Juvenile Defense Attorney Today
Attorney Kent Starr pursues the most favorable resolution for his clients — including a child accused of inappropriately touching another child — no matter how much time or effort it takes. While some attorneys may push for a quick and easy plea bargain, Attorney Starr will not do so if it is not in your child’s best interest.
Attorney Starr is an experienced trial attorney with a reputation for going to bat, again and again, for his clients. Read through his client reviews, then give Starr Law, P.C. a call today.
Sources
Texas Juvenile Justice Department
Texas Penal Code Chapter 21. Sexual Offenses & Chapter 22. Assaultive Offenses
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