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Outside of capital murder, the continuous sexual abuse of a child is the most serious crime a person can be charged with in Texas.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, you should never try to fight this alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
According to Section 21.02 of the Texas Penal Code, continuous sexual abuse of a child occurs when a person over the age of 17 commits two or more acts of sexual abuse against a minor under the age of 14 (or multiple minors) during a period that is 30 or more days in duration. Sexual abuse, as per the penal code, is defined as:
– aggravated kidnapping with the intent to abuse or violate the victim sexually;
– burglary with the intent to commit a sexual offense;
– compelling child prostitution;
– indecency with a child (if committed in a manner besides touching or touching through clothing of the breast of a minor);
– sexual assault (engaging in sexual contact without consent) or aggravated sexual assault;
– sexual performance by a child; or
– sex trafficking of person(s).
If any of these offenses were committed against a victim aged 14 or younger two or more times during a period of time that is 30 or more days in duration, the accused can be charged with continuous sexual abuse of a child. The statute also provides that the offenses may be against the same victim, or different victims, in each instance.
Jessica’s Law is often cited in continuous sexual abuse of a child cases. Named in honor of 9-year-old Jessica Lunsford, a Florida girl who was raped and then murdered by a convicted sex offender, Jessica’s Law was enacted as a way to try to prevent sex offenders from committing further offenses through the use of severe penalties and far-reaching negative ramifications.
To obtain a conviction, a prosecutor must always prove beyond a reasonable doubt that each element of a crime has been committed, through the presentation of clear evidence and witness testimonies. In the case of continuous sexual abuse of a child, the prosecution must prove that there were at least two sexual crimes committed during a period of time that is 30 or more days in duration against a victim (or victims) under the age of 14. The prosecution must also prove that the accused was 17 years old or older during the commission of the offenses.
As an experienced sex crimes defense firm, we know that these cases may be difficult for the prosecution. We not only knows your rights and how to protect them, we know what to do to protect you and your best evidence and arguments throughout the entirety of your case all the way, through your trial if necessary.
This crime is a first-degree felony. If you’re convicted of it, you face steep penalties including a prison sentence of at least 25 years and up 99 years. However, if you have prior sex offense convictions on your record (in addition to the two or more offenses in this charge) you’ll automatically receive a life sentence in prison. You’ll also be fined as much as $10,000, including damages that may be awarded to the victim or the victim’s family in a separate civil case.
A distinction between continuous sexual abuse of a child and other sex crimes is that there is no chance for early release if you’re convicted. There is also no chance for probation and no opportunity for deferred adjudication.
Being found guilty of continuous sexual abuse of a child results not only in a lengthy prison sentence and thousands of dollars in fines, you’ll also face additional difficulties if, and when, you’re released. These ramifications can change your life and affect your personal relationships.
For example, you will have to register as a sex offender for life. Your name and information will appear on a public database where people can see your name, address, date of birth, race, and gender. They’ll also be able to find details of your conviction, how old the victim was, what sentence you served, all aliases used, and your employment information. It will include a recent photograph and your complete set of fingerprints. If you fail to register properly, you can be charged with another felony.
Some of these consequences of sex offender registration are:
While the state will aggressively prosecute anyone accused of this serious offense, a qualified defense team will fight to protect your rights and work to get you the best possible result. Some defenses, however, are not available. In the case of continuous sexual abuse of a child, it is not a defense that the accused was unaware of the age of the victim or victims. Consent is not available as a defense either, since a child is not able to legally give his or her consent to a sexual act.
Schiffer Law Firm’s defense team are experienced and knowledgeable when it comes to building successful defense strategies. We will craft a solid defense to show that the allegations against you are false, or that the facts surrounding your case don’t meet the criteria of the charge as it’s defined in the Texas Penal Code. It’s often the case that the events in question never occurred, and that you’ve been falsely accused altogether. There is a chance that you were wrongfully accused of the crime through mistaken identity.
If your case needs to be tried before a jury, we will analyze the evidence against you, and take steps to preserve evidence of your innocence. That is why you need to hire us immediately if you’ve been accused of continuous sexual abuse of a child. During a trial, it’s your defense attorney’s job to cross-examine witnesses, discredit the evidence brought against you, and attack the prosecution’s case, with the intent to cast enough doubt in the jury’s mind that they will be unable to reach a guilty verdict.
You should never fight such a serious charge as continuous sexual abuse of a child alone. If you or someone you love is being accused of this crime, call the our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended continuous sexual assault cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
