Sexual Assault

The sexual assault statute applicable to an offense against an individual younger than 17 years olds is similar to the one applicable to an offense against an adult; however, the notion of consent is removed.

An individual will be charged with sexual assault against a child if he or she:

  1. causes the penetration of the anus or sexual organ of a child younger than 17 years of age by any means;
  2. causes the penetration of the mouth of a child younger than 17 years of age by the sexual organ of the actor;
  3. causes the sexual organ of a child younger than 17 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
  4. causes the anus of a child younger than 17 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or
  5. causes the mouth of a child younger than 17 years of age to contact the anus or sexual organ of another person, including the actor.

While the statute regarding sexual offenses against adults details scenarios where consent is lacking (Click here to see them), the statute regarding sexual offenses against an individual under the age of 17 leaves out any considerations about consent. If the age difference between the 2 parties involved is not more than 3 years, there is often a defense available to a young adult who has been charged. For more information on how age may affect the defense of a case, click here.

A conviction of sexual assault of a child is punishable by a sentence of up to 20 years in state prison and a fine up to $10,000 and a lifetime sex offender registration. 

Aggravated sexual assault is a first-degree felony that can result in a life sentence without parole and a lifetime sex offender registration.

Further, under "Ashley's Laws," an individual who has a previous felony child sexual assault conviction, can be sentenced to life in prison under the "two strikes" provision added to Texas state law. Ashley’s Laws also requires offenders to serve at least 50% of their sentence before being granted parole.

If you or someone you know is charged with sexual assault of a child it is important to contact an experienced child sex crime attorney immediately. Paul believes in going on the offensive and that a thorough, aggressive approach is necessary to battle these serious charges. Further, Paul is an experienced trial attorney who will not hesitate to take the case to trial. Contact Paul today for a consultation. 

Recent Case Results

State of Texas vs. _________, indecency with a child, 04/2015, NO BILLED, investigation uncovered several facts that contradicted child's story.

State of Texas vs. ______, Aggravated Sexual Assault of Child, 03/15, reduced to non-registration offense and given no jail time

State of Texas vs. _________, aggravated sexual assault of a child and sexual assault of a child (two complainants), 10/2014, Paul uncovered several details of the outcry that could not have been true and, further, found forensic reports that did not align with complainant’s story. 

State of Texas vs. _________, sexual assault of a child, 03/2014, dismissed.

State of Texas vs. _________, aggravated sexual assault of a child, 01/2014, dismissed, Paul found several different versions of child’s story and uncovered reasons for motivation.