Houston Criminal Defense Lawyer for Aggravated Sex Assault of a Child

• Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent
• Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent

• Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor

• 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
• Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor

• 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 death, serious bodily injury, or kidnapping will be imminently inflicted on any person
• 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

• By acts or words occurring in the presence of the victim threatens 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
• Administers or provides flunitrazepam (otherwise known as rohypnol, gamma hydroxybutyrate or ketamine) to the victim of the offense with the intent of facilitating the commission of the offense

What are defenses against aggravated sexual assault charges?

Unlike other child sex offenses, Romeo and Juliet Law in Texas cannot be used as an affirmative defense in an aggravated sexual assault case where the victim is younger than 14 years old. One of the most common defense strategies in such cases is to investigate whether the allegation of child sex abuse actually occurred.

False accusations are unfortunately common in child sex assault cases. Children can easily be coached or influenced by adults for the purposes of accomplishing some ulterior agenda. For example, a parent may convince their child to claim they were sexually assaulted in order to receive child support or some other financial benefit. Or, police investigators may ask questions to a child in a certain way in order to get the responses they want.

An experienced sex crime defense lawyer can call upon expert witnesses and access video evidence to expose such false allegations.

What is the penalty for aggravated sexual assault in Texas?

Aggravated sexual assault of a child is a much more serious crime than other child sex offenses like indecency with a child by exposure (third-degree felony) and indecency with a child by contact (second-degree felony).

In Texas, aggravated sexual assault is a first-degree felony, meaning it is punishable by up to 99 years in prison (life imprisonment) and/or a fine of up to $10,000. If the victim was under the age of six, then the offense is considered “super aggravated” and results a minimum sentence of 25 years in prison.

In addition, a person convicted of sexual assault of a child will be forced to register as a sex offender in Texas, likely for the rest of their lives.