Resource Guide For Individuals Accused of Sexual Assault of a Minor
If you are charged with sexual assault of a minor in Texas, it’s important to stay calm and consult with a lawyer. Too many defendants incriminate themselves. Don’t make that mistake. Stay silent and invoke your right to speak to an attorney.
Sexual assault of a minor is a serious offense.
A conviction carries a lengthy prison sentence and registration as a sex offender.
It’s crucial to know what follows a charge.
Each allegation of sexual assault of a minor is unique, but the legal process typically follows the same steps.
An allegation leads to an arrest. If you can afford the bond, you will be released with strict conditions. Then a long legal process begins, during which your life and reputation will be at stake. Then, when the trial starts, you and your lawyer will attempt to demonstrate that the prosecution lacks proof beyond a reasonable doubt.
Texas defines a minor as a person under the age of 17.
Different states have different definitions of what constitutes a minor. In Texas, sexual assault of a minor most commonly refers to sexual assault of someone under 17, though some offenses include anyone under 18.
If you are accused of a crime, don’t incriminate yourself.
If you’re accused of sexual assault of a minor, don’t speak to the police without a lawyer. Anything you say can be used against you, even if you’re only trying to explain your innocence.
Assert your right to remain silent and ask to speak to a lawyer. They can protect your rights and guide you through the legal process.
There are several different but similar charges.
Texas law has different charges for sexual offenses involving minors, based on the conduct and the victim’s age.
Sexual assault of a minor
This is generally a second-degree felony that carries a punishment of 2 to 20 years in prison and up to a $10,000 fine. The charge may be raised to aggravated sexual assault if certain conditions are met.
Sexual assault of a minor in Texas also requires lifetime registration as a sex offender.
Continuous sexual assault
If the victim was under the age of 14, and two or more sexual assaults took place more than 30 days apart, prosecutors may bring a charge of continuous sexual assault, which is a first-degree felony. It carries a sentence of 25 to 99 years or life in prison without the possibility of parole, along with mandatory sex offender registration.
Online solicitation of a minor
In Texas, online solicitation of a minor occurs when an adult communicates with someone under 17 or someone they think is under 17 in a sexually explicit manner or distributes sexually explicit material to a minor.
Conviction usually results in a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine, though it can rise to a second-degree felony and 2 to 20 years. Like the other charges, it requires registration as a sex offender.
A lawyer will find the best defense for your situation.
The unfortunate reality is there’s often a presumption of guilt in these kinds of cases. However, a good lawyer can expose problems with the prosecution’s evidence.
Common defense strategies include the following:
- Proving false accusations
- Establishing mistaken identity
- Demonstrating weak evidence
False accusations can stem from custody battles.
Sometimes, a parent may manipulate a minor into making false claims, or a minor could fabricate allegations to avoid blame. A lawyer can use expert testimony to help identify those situations and raise the prospect of reasonable doubt.
Mistaken identity means the defendant was thought to be someone else.
A mistaken identity defense is particularly effective when the defendant has a documented alibi or when a witness lacks a specific date.
Weak or insufficient evidence fails to meet the burden of proof.
Your lawyer may try to prove that the case is simply not good enough. That may be because the case relies on an unreliable witness or does not have sufficient evidence.
Defending against sexual assault allegations requires legal expertise and sensitivity.
A competent attorney will analyze the evidence, challenge witnesses, and navigate tense situations with tact and professionalism. Above all, they should fight for you.
Protect your rights. Stay silent. Call Gold Legal, PLLC.
Gold Legal, PLLC is an aggressive criminal defense firm with a winning track record.
If you’re accused of sexual assault of a minor in Texas, invoke your right to remain silent. Then contact Gold Legal, PLLC.
— Kandi Gilder, Attorney at Law