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Sexual Assault of a Child Lawyer in Houston, Texas

Being accused of child molestation or sexual assault of a child is one of the most serious legal battles anyone can face. The mere allegation can destroy your reputation, personal relationships, career, and future, regardless of whether the accusation is true. In Texas, child molestation and sexual assault of a child carry incredibly harsh penalties, including long-term imprisonment, mandatory sex offender registration, and a lifetime of restrictions.

If you are in this situation, you need an experienced Houston child molestation lawyer who knows how to protect your rights and build a strong defense from the start.

Attorney Ned Barnett has over 30 years of experience defending individuals against serious child sex crime charges. If you are facing accusations of child molestation, do not wait—contact The Law Offices of Ned Barnett at (713) 222-6767 to schedule a free and confidential consultation.

Child Molestation & Sexual Assault of a Child in Houston

Texas Penal Code, Sec. 22.011(a)(2)(A), states that the sexual assault of a child happens when one person penetrates and/or inappropriately touches the anus or sexual organs of someone who is legally considered a child because they are younger than the age of consent (17 years of age).

These actions can come in the form of:

  • Coercive sexual acts
  • Non-consented sexual acts
  • Forcible and violent sexual acts, even when both parties consent
  • Sexual abuse of someone who cannot give consent because of a disability and/or reduced mental capacity

Situations that May Lead to Child Molestation Charges

Accusations of child molestation often begin with a report from the alleged victim or someone close to them. Here are some real-life scenarios that can quickly escalate into charges:

  • Family Conflict: You’re going through a messy divorce or custody battle, and your ex-spouse accuses you of inappropriately touching your child to gain leverage.
  • Misunderstood Interaction: A playful interaction, such as tickling or bathing a young child, is misconstrued by the child or a third party as something inappropriate.
  • False Allegations from an Angry Teen: You discipline your teenager, and they falsely accuse you of sexual misconduct in retaliation.
  • Mistaken Identity: A child is coached by someone else or is confused after a traumatic event, leading to them accusing the wrong person of abuse.

Each of these situations can lead to devastating consequences if not handled properly. That’s why you need an experienced defense lawyer who knows how to identify and challenge these scenarios.

Penalties for Sexual Assault of a Child & Molestation in TX

Like rape, the sexual assault of a child in Texas is a second-degree felony. If convicted, you can go to prison for anywhere from two to 20 years and receive a fine of $10,000. Plus, you will have to register as a sex offender, which makes finding a job and living place incredibly hard.

When certain factors apply, you could face escalated penalties for aggravated sexual assault of a child.

Is Jail Mandatory for Sexual Assault of a Child?

In most cases, yes. But the court might consider a lighter sentence, although typically only offered if you plead guilty to one or a few of the charges.

There are also various alternatives to jail time if specific conditions apply. And while they are normally better to being locked up, the court might only be willing to consider them for a guilty plea.

Alternative penalties for sexual assault of a child include:

  • Probation
  • Therapy/counseling
  • House arrest

Houston Molestation & Child Sexual Assault Investigations

First, either a victim of child molestation or someone close to them reports it to the authorities. Then the authorities investigate the accusation(s) and levy any charges. Anyone charged is arrested, then appears in court for arraignment to enter a plea.

From there, the judge sets bail and decides if the accused can be released or must remain in prison. A trial date is set, and the prosecution and defense start to gather evidence. The judge will hand down a sentence if a person is found guilty.

Why You Need a Lawyer Right Away

An experienced and knowledgeable child molestation attorney will know how to give you the best possible defense. They will analyze your situation and see which strategy should be applied to your case.

While some people are charged with sexual assault of a child because there is strong evidence to support the accusation, there are frequent mistakes, and the wrong person is accused.

False Allegations

No one likes to think that this can happen, but it does. If you are falsely accused of child molestation, let them handle the situation.

One of the biggest mistakes defendants make is trying to rectify the situation independently. And in some cases, one person tries to intimidate the witness into recanting their statement.

Whatever you do, do not contact the victim or their family. Anything you do outside of the legal advice of your attorney could put you in even hotter water.

Mistaken Identity

Sexual assault is a very traumatic event for the victim, especially children. Sometimes, they make mistakes in identifying their abuser. Again, let your attorney prove your innocence if this happens to you.

Defenses to Child Molestation

There are many possible defenses your lawyer can use, including:

  • Mistaken identity – You are not the person who committed the crime
  • False Accusations – The accuser is making up the crimes or was coached to do so
  • Inaccurate Evidence – The police gathered insufficient or faulty evidence against you
  • The Charge Does Not Meet the Elements – The facts do not support a charge of sexual assault of a child
  • Mental Impairment – You have a mental condition that prevents you from knowing right from wrong

Don’t Give a Statement if You’re Accused

If you are arrested and charged with the sexual assault of a child, do not give any statements to the police. Even if the police only suggest they have a few questions or imply you can clear up the matter, do not answer their questions.

Officers are trained to lock people into statements; anything you say could potentially hurt your case later. Instead, immediately ask to have a lawyer present and say nothing until one arrives.

FAQs About Houston Child Molestation Charges

What Should I Do if I’m Accused of Child Molestation?

The first thing you should do is remain silent and contact a lawyer immediately. Do not attempt to explain the situation to the police, the accuser, or their family without legal representation, as anything you say can be used against you.

Can I be Charged If the Child Consented?

Yes. In Texas, a child under 17 cannot legally give consent, regardless of the circumstances. Even if the child appeared to agree, you could still face serious charges.

What are the Penalties for Sexual Assault of a Child in Texas?

Sexual assault of a child is a second-degree felony in Texas, carrying 2 to 20 years in prison, fines up to $10,000, and mandatory sex offender registration. Aggravated sexual assault can lead to life in prison.

How Can a Lawyer Defend Me Against False Allegations?

An experienced lawyer will thoroughly investigate the accuser’s background, look for motives for false accusations, and challenge the credibility of their testimony. They can also present evidence to show that the accusations are fabricated or unreliable.

Can I Avoid Jail Time for Child Molestation Charges?

In some cases, alternatives like probation, therapy, or house arrest may be possible, but these options are generally only available in cases with lesser charges and may require a guilty plea.

What Happens if I’m Falsely Identified by a Child?

Children can be confused or manipulated into making false identifications. Your lawyer will work to prove mistaken identity by presenting alibi evidence or challenging the accuracy of the child’s testimony.

Will I Have to Register as a Sex Offender if Convicted?

Yes, a conviction for child molestation or sexual assault of a child typically results in mandatory sex offender registration, which can significantly impact where you can live and work.

More about Child Sex Assault & Molestation Charges

Call a Houston Criminal Defense Lawyer Today

The sexual assault of a child is a serious charge that needs a serious defense. If you face a molestation accusation in Houston, you need a criminal defense lawyer. This is the best way to protect your rights, challenge the evidence, build your defense, and ultimately tell your version of events.

In over 30 years of practice, attorney Ned Barnett has helped many people in situations like this. To speak with an experienced criminal defense attorney, contact The Law Offices of Ned Barnett at (713) 222-6767.