How Texas Law defines Sexual Assault of a Child
What is a “child” in Texas? A child is anyone under the age of 17.
Legally, where child sexual assault cases are concerned, the term “female sexual organ” is defined as every part of the female genitalia, and not just the vagina. This includes the outermost lips of the female sexual organ, anatomically known as the “labia majora,” which lay folded over the remainder of the organ, helping protect it.
Under Texas caselaw, any penetration of the female sexual organ, no matter how brief or slight, is penetration for the purpose of sexual assault. Common sense dictates that if a defendant rubs the child’s female sexual organ with their hand, or with one of their fingers passes between the exterior plane of the folds of the labia majora. Even moderately gentle contact usually parts or displaces the labia majora and yields this result.
And Texas law even considers this “penetration” if you are being charged with the sexual assault of a child. Child sexual assault law also does not require that this act be nonconsensual. So, even if you do this with the consent of the other party, you can still be charged with the sexual assault of a child.
Harsh Penalties for Child Sexual Assault Crimes
Prosecutors win credibility with the public and their colleagues by being tough on crime. That helps them advance in their careers. So, whoever prosecutes your case will have a strong interest in giving you a long (frequently unfairly long) and harsh sentence for your crimes.
In Texas, sexual assault of a child is generally a second-degree felony. You can spend 2-20 years in prison and may be forced to pay up to a $10,000 fine.
Why You Need to Choose A Criminal Defense Attorney Experienced in Defending Child Sexual Assault Crimes
You need an aggressive and experienced attorney who has already successfully defended supposed perpetrators of child sexual assault crimes.
You can easily find attorneys who will take on your case. But they may not have experience in defending cases just like yours. They often make the big mistake of just assuming that the charge is valid on its face and never challenge the charges. That means, if you go with an inexperienced attorney, you’re likely to spend 2-20 years in prison for a crime you didn’t actually commit!
We have had client’s cases completely dismissed under the grounds that they were accused of penetration. This even though the facts, nor the forensic interview supported the allegations. Yet the police department and the investigators have a low standard for charging an individual for such a serious crime.
They just slap a report together and it’s automatic: you’re arrested. And if you have an attorney inexperienced in defending your specific type of case, you’re almost guaranteed to go to jail for a crime you didn’t commit.
Since we routinely get entire cases dismissed, it makes sense to talk to Attorney Kent Starr, who has years of experience successfully defending child sexual assault cases just like yours.
Talk to The Starr Law Firm criminal defense attorney, Plano TX with experience specifically in defending sex crime of which you’re accused.
That could easily save you decades in prison. Call Starr Law, P.C. today and we will be glad to answer your questions!