Aggravated Sexual Assault of a Child

Sexual assault allegations can be the most difficult to overcome.  Often times the evidence is their word against yours.  Having a team on your side who will diligently investigate the allegations can make the difference between life and prison and spending the holidays with your family.

This is one of the most serious charges someone can face. The pre-conceived notions behind this type of crime can be very difficult to change.  We believe it is vitally important to hire an extremely experienced team and to start the investigation immediately upon learning that you are facing charges. The work on the front end of the case can make all the difference when it comes to trial several years later. The partners at Smith | McDonald | Bolin has handled hundreds of these types of cases and our vast experience with motivations of the complaining witness and challenging the expert witness testimony that often accompanies these types of cases is unmatched.

Simply put, we must begin our own independent investigation immediately.  Acquiring records and information about the complaining witness and circumstances behind the allegations, while memories are clear and records are readily available, is so vitally important in successfully fighting these allegations.

Under Texas law, the forms of sexual assault of a child include Aggravated Sexual Assault, Sexual Assault, Continuous Sexual Abuse, Indecency with a child, and improper relationship between and educator and a child.

An Aggravated Sexual Assault of a Child:

• Intentionally and Knowingly cause the penetration of the anus or sexual organ of a child another person by any means
• Intentionally and Knowingly causes the penetration of the mouth of a child by the sexual organ of the actor
• Intentionally and Knowingly causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
• causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
• causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
• the person: causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; uses or exhibits a deadly weapon in the course of the same criminal episode; acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act; the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or the victim is an elderly individual or a disabled individual.
• Punishment Range: A first degree felony 5 – 99 years or life in the Texas Department of Criminal Justice Institutional Division.

Sexual Assault of a Child:

• Regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means;
• Causes the penetration of the mouth of a child by the sexual organ of the actor;
• Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
• Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
• Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
• Affirmative Defense: The actor was the spouse of the child at the time of the offense, or the actor was not more than three (3) years older than the victim at the time of the offense if the child was 14 years of age and older.
• Punishment Range: A second degree felony 2-20 years in the Texas Department of Criminal Justice Institutional Division.

Improper Relationship between Educator and Student:

• An employee of a public or private primary or secondary school commits an offense if the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;
• holds a position described by Section 003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or
• engages in conduct described by Section 021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.
• Punishment Range: A second degree felony 2-20 years in the Texas Department of Criminal Justice Institutional Division.

Indecency with a Child (Touching or Exposure):

• A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense.
• The person engages in sexual contact with the child or causes the child to engage in sexual contact.
• With intent to arouse or gratify the sexual desire of any person exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
• Causes the child to expose the child’s anus or any part of the child’s genitals.
• Punishment Range; Touching is a second-degree felony which is 2-20 years in the Texas Department of Criminal Justice Institutional Division. Exposure is a third-degree felony which is 2-10 years in the Texas Department of Criminal Justice Institutional Division.

Continuous Sexual Assault of a Child:

• A person commits an offense if 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
• 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 child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.