Texas Child Sexual Abuse Defense Attorney

False accusations of child sexual abuse can devastate a person’s life, reputation, and future. In Texas, these allegations carry severe consequences, even unfounded. The laws surrounding child sexual abuse are stringent and designed to protect children, but they can also lead to life-altering penalties for those wrongfully accused.

These accusations can stem from misunderstandings, false reports, or assumptions made by professionals or family members. A single conviction can result in mandatory sex offender registration, a criminal record, incarceration, steep fines, and even social isolation.

If you or someone you know has been falsely accused, you need an experienced Texas child sexual abuse defense lawyer to help protect your rights. An experienced attorney can investigate the facts of the case, challenge evidence, and build a robust legal defense to ensure your side of the story is heard. Time is critical in these cases, as early intervention can significantly impact the outcome.

False accusations happen more often than people realize, but you can clear your name and reclaim your life with the proper legal representation. Don’t let a wrongful accusation define your future—take the first step toward justice by contacting an experienced child sexual abuse defense attorney in Texas from Scheiner Law Group today.

What is Child Sexual Abuse and Child Molestation in Texas?

Child sexual abuse is a grave offense that encompasses a range of inappropriate actions involving a minor. According to the Texas Family Code 261.001, child sexual abuse refers to any physical or non-physical sexual conduct directed toward a child, including touching, exposure, or exploitation. These acts can cause lifelong emotional, psychological, and social harm to victims, manifesting as anxiety, depression, or trust issues.

Child molestation is a subset of sexual abuse that may or may not involve physical contact.

Perpetrators might engage in behaviors such as fondling, exhibitionism, or coercion into explicit conversations. Serious crimes, such as creating or distributing child pornography or engaging in sexual activity with a minor, fall under Texas Penal Code § 22.011. These acts are harshly penalized, reflecting Texas’ zero-tolerance policy for crimes against children.

Prevalence of Child Sexual Abuse in Texas

Disturbingly, many child sexual abuse cases involve someone familiar to the victim, with up to 93% of incidents committed by individuals known to the child or their family. These offenders could be relatives, caregivers, teachers, or neighbors.

Statistics indicate that one in four girls and one in six boys experience sexual abuse before the age of 18, yet many cases go unreported due to fear, shame, or societal stigma.

Legal Consequences

Texas imposes severe penalties for child molestation, ranging from lengthy prison sentences to substantial fines. Additionally, convicted individuals often face lifelong challenges, such as mandatory sex offender registration, restricted housing options, and barriers to employment. Even a false accusation can irreparably harm one’s reputation and personal relationships.

For immediate legal assistance from an experienced Texas child sexual abuse defense lawyer, contact our law firm today. We can help you understand your rights after a false allegation of child molestation or abuse.

What Are Some Types of Child Sexual Abuse in Texas?

Child sexual abuse encompasses several serious offenses in Texas, each carrying severe legal consequences. Below, we outline the most common crimes involving child sexual abuse:

Aggravated Child Molestation

Aggravated child molestation occurs when sexual acts are committed against minors under specific aggravating circumstances. Under Texas law, this crime is classified as a First Degree Felony, punishable by 5 to 99 years in prison, fines of up to $10,000, and lifetime sex offender registration.

The prosecution must prove the victim was 13 years old or younger and that aggravating factors like the use of a deadly weapon, infliction of serious bodily injury, or administration of incapacitating drugs were involved. Defenses may include a lack of knowledge or intent regarding the victim’s age, but these cases require the expertise of a skilled criminal defense attorney.

Super-Aggravated Child Molestation

Super-aggravated child molestation is an even more severe charge, carrying the highest penalties. This applies when the victim is under six years old or when the defendant is a repeat offender of violent sexual crimes involving minors.

The crime is classified as a First Degree Felony with a 25-year to life prison sentence (without parole), $10,000 fines, and lifetime sex offender registration. Proving elements such as the use of a deadly weapon or serious injury can result in these severe punishments.

Sexual Assault of a Child

Sexual assault of a child refers to any sexual activity involving a minor under 17, even if the encounter is consensual. Under Texas law, consent does not exempt this crime. Sexual assault of a child is classified as a Second Degree Felony, punishable by 2 to 20 years in prison and fines of up to $10,000, along with mandatory sex offender registration.

Defendants may argue defenses like legal marriage to the victim or lack of knowledge regarding the victim’s age, but each case requires expert legal guidance.

Online Solicitation of a Minor

Online solicitation of a minor involves communicating in a sexually explicit manner with someone under 17 using electronic means, such as texting or social media. Texas Penal Code §33.021 defines this crime and penalizes:

Third Degree Felony if the minor is 14 years or older (punishable by 2 to 10 years in prison).
Second Degree Felony if the minor is younger than 14 (punishable by 2 to 20 years in jail). Accusations of online solicitation require a defense rooted in protecting constitutional rights, and penalties can severely impact your future.

Child Pornography

Texas law criminalizes the production, distribution, or possession of visual depictions of minors engaged in sexually explicit acts under Texas Penal Code §43.26. These charges are often associated with severe prison terms and fines:

Third-Degree Felony: Up to 10 years in prison and fines up to $10,000.
Second Degree Felony: 2 to 20 years in prison and fines up to $10,000.
First Degree Felony: 5 to 99 years or life in prison, along with mandatory sex offender registration and significant restrictions on housing, employment, and more.

Sexual Performance by a Child

Texas Penal Code §43.25 addresses sexual performance by a child, which refers to the employment, inducement, or production of any visual or simulated performances involving minors engaging in sexually explicit acts. Penalties are severe, with:

Second Degree Felony: 2 to 20 years in prison and fines up to $10,000.
First Degree Felony: 5 to 99 years or life in prison, along with mandatory sex offender registration.

Defenses often hinge on the lack of intent or knowledge regarding the nature of the alleged conduct.

Indecency With a Child

Indecency with a child includes two forms: by contact and by exposure.

Indecency by contact involves intentional touching of a child’s genitals, anus, or breast. This is a Second Degree Felony, punishable by 2 to 20 years in prison and fines up to $10,000, along with mandatory sex offender registration.
Indecency by exposure involves exposing one’s genitals or forcing a child to do so for sexual gratification. This is a Third Degree Felony, punishable by up to 10 years in prison and fines of up to $10,000.

Defenses often focus on mistaken identity, lack of probable cause, or illegal search and seizure.

Each of these child sexual abuse offenses carries severe penalties, but at Scheiner Law Group, our experienced Texas child sexual abuse defense attorneys are committed to protecting your rights and fighting for the best possible outcome.

What Are the Age of Consent Laws in Texas?

In Texas, the age of consent is 17, meaning a person must be at least 17 years old to consent to sexual activity with another person legally. This law is designed to protect minors who may not fully understand the implications of engaging in sexual activity.

However, nuances depend on the type of sexual conduct involved. Under the sexual performance by a child statute, the age of consent is 18. For indecency with a child by contact, the age of consent is 17, but individuals must be no more than three years older than the minor for certain defenses to apply.

Texas also has Romeo and Juliet laws, which provide some protection from harsh statutory rape penalties. These laws allow individuals who are close in age—usually within three years of each other—to engage in consensual sexual activity without facing prosecution.

For instance, if someone is 14 or 15, they can legally engage in consensual sexual activity with someone who is no more than three years older or younger.

To learn more about Texas’ age of consent laws, contact an experienced Texas sex crime defense lawyer at our law firm today.

Understanding “Institutional Liability” in Texas Child Sexual Abuse Claims

Institutional liability refers to the legal responsibility organizations—such as schools, religious institutions, daycare centers, or care facilities—may have for failing to prevent or respond to abuse. When these institutions neglect their duty to protect children, they can be held accountable.

High-Risk Institutions Where Abuse Often Occurs

Research shows that institutions where children are present are more prone to abuse. Standard high-risk settings include:

Schools and Educational Institutions: Abuse in schools often involves teachers, staff, or fellow students, with many victims afraid to come forward.
Religious Institution: Religious organizations, such as the Catholic Church, have faced significant scrutiny for systemic abuse by clergy.
Daycare and Child Care Centers: Daycares and preschools are particularly vulnerable due to inadequate background checks and supervision.
Sports Organizations: Cases like USA Gymnastics highlight abuse risks in sports settings, where coaches often have trusted relationships with young athletes.
Healthcare Facilities: Hospitals, nursing homes, and mental health clinics have seen abuse involving caretakers exploiting vulnerable patients.

Key Areas Where Institutions Can Be Held Liable

Missing or Incomplete Background Checks: Failing to conduct thorough background checks on employees or volunteers can lead to abuse. Institutions that neglect this step place children at risk by allowing individuals with a history of abuse to gain access.
Prior Complaints Ignored: Institutions are liable for ignoring or failing to address previous abuse complaints. Overlooking these warnings puts children at further risk.
Cover-Ups and Reassignments: Covering up abuse or reassigning offenders instead of addressing the issue allows perpetrators to continue abusing, making institutions liable.
Lack of Supervision: Insufficient oversight and supervision of employees and volunteers leave children vulnerable to abuse.

Institutional liability ensures accountability when organizations fail to protect children and vulnerable individuals. Legal action holds them responsible, promotes preventive measures, and secures justice for victims.

What Are the Consequences of Being Convicted of Child Sexual Abuse in Texas?

Being convicted of child sexual abuse in Texas is a serious criminal offense with severe consequences. The state of Texas treats child sexual abuse with the utmost seriousness due to its severe impact on the victims.

First-degree Felony: A conviction for child sexual abuse under the Texas Penal Code typically falls under first-degree felony charges. These charges carry a potential prison sentence ranging from 5 to 99 years. Additionally, individuals convicted may face fines of up to $10,000. The severity of the penalties reflects the serious nature of the crime and the long-term impact on the victims.

Second-degree Felony: In cases where the abuse involves less severe circumstances, second-degree felony charges may apply. A conviction for this type of offense carries a prison sentence between 2 and 20 years and fines up to $10,000.

Third-degree Felony: For lesser degrees of child sexual abuse, a third-degree felony conviction can result in a prison sentence of 2 to 10 years, along with fines of up to $10,000.

Additional Consequences

In addition to the criminal penalties, individuals convicted of child sexual abuse may face a range of other long-term consequences:

Mandatory Sex Offender Registration: Those convicted of child sexual abuse in Texas are typically required to register as sex offenders. This registration is public and lasts for life, depending on the severity of the crime.

Loss of Employment and Professional Licenses: Many professions, especially those involving work with children, require individuals to undergo background checks. A conviction for child sexual abuse will likely result in the loss of employment and the ability to work in related fields.

Civil Lawsuits and Financial Consequences: Victims or their families may pursue civil lawsuits, seeking compensation for damages, which can lead to significant financial penalties.

Collateral Consequences: Beyond the criminal and legal penalties, a conviction can impact an individual’s personal life, including restrictions on travel, restrictions on living near children, and societal stigma that may follow them for life.

Failure to Report Suspected Child Sexual Abuse

In Texas, professionals who have direct contact with children, such as educators, healthcare providers, and caregivers, are legally required to report suspected child sexual abuse. Failure to report suspected abuse can result in misdemeanor charges, including fines of up to $2,000 and possible jail time of up to 180 days.

To learn more about the consequences of a child molestation conviction in Texas, schedule a consultation with an experienced Texas child sexual abuse defense lawyer from our law firm today. We can help you understand your legal rights.

Why Am I Being Falsely Accused of Child Sexual Abuse?

False accusations of child sexual abuse can arise from a variety of circumstances, often rooted in confusion, emotional distress, or external influences. In many cases, these allegations are not based on deliberate intent but are instead the result of misunderstanding, manipulation, or external pressures.

Below are some of the common factors that may contribute to false accusations of child sexual abuse.

Family Conflict and Estrangement: In some cases, family conflict or estrangement can lead to false accusations. A child might make allegations against a family member they are angry with or estranged from as a form of retaliation or to gain attention in a strained family dynamic.
Coaching or Pressure by Adults: Adults with a vested interest in the outcome of custody or family law cases might coach or pressure children to make accusations. This can occur when an adult has a personal or financial incentive to undermine the accused.
Emotional Trauma and Misinterpretation: Children who have experienced trauma or neglect may misinterpret events as abuse, particularly if they are being questioned repeatedly by adults. Their trauma may distort their understanding of what constitutes inappropriate behavior.
Memory Gaps and Inaccurate Recall: Children, particularly younger ones, may struggle to recall events accurately, leading to gaps or inconsistencies in their accounts. This can contribute to wrongful accusations, mainly when relying on vague or inconsistent narratives.
External Influences from Media or Peer Pressure: Exposure to media narratives or peer influences can lead children to internalize misconceptions about what constitutes abuse. They might believe certain behaviors or actions are inappropriate without fully understanding the context.
Repressed Memories or Confusion About Boundaries: A child’s memories might be suppressed or confused, mainly if the alleged abuse occurred a long time ago. They may confuse normal behavior with abusive behavior, leading to inaccurate accusations.

These factors highlight the complexities surrounding child sexual abuse allegations and underscore the importance of a thorough investigation and defense.

How Can Scheiner Law Group Help?

Being accused of child sexual abuse is overwhelming and distressing. At Scheiner Law Group, we understand the complexities of Texas sex crime laws and the importance of having an experienced attorney to defend against these serious allegations.

Understanding Texas Sex Crime Laws

Texas has stringent laws with severe penalties, including prison time and mandatory sex offender registration. These laws encompass offenses such as sexual assault, child pornography, and solicitation of minors.

Our attorneys deeply understand the legal system and identify weaknesses in the prosecution’s case to advocate for your rights.

The Value of Experience

Experience is critical in sex crime defense. Scheiner Law Group has a proven track record of successfully handling complex cases and achieving outcomes like reduced charges and acquittals. You can rely on our expertise to navigate your defense effectively.

Professional Reputation and Client Trust

An attorney’s reputation matters. Scheiner Law Group is respected within the legal community for its professionalism and dedication. Client testimonials consistently highlight our personalized service, clear communication, and favorable results.

Tailored Defense and Transparent Communication

We recognize the profoundly personal nature of these cases. At Scheiner Law Group, we focus on understanding your unique circumstances and maintaining open, transparent communication. Our strategies are tailored to meet your needs, keeping you informed at every step.

Comprehensive Investigation and Strategic Defense

A successful defense often requires a detailed investigation. We collaborate with skilled investigators and forensic experts to uncover evidence, challenge witness credibility, and expose procedural errors that could weaken the prosecution’s case.

Deciding Between Plea Bargains and Trial

Accepting a plea bargain or going to trial is a pivotal decision. Our team guides the risks and advantages of each, ensuring you are prepared for any path while building a strong, persuasive defense.

Building Trust and Confidence

The relationship between you and your attorney should be built on trust. At Scheiner Law Group, we take time to understand your concerns and answer your questions, ensuring you feel supported and confident in our representation.

Transparent Legal Costs

We believe in clear communication about legal fees. From retainer fees to hourly rates and additional costs for experts, we provide full transparency so you can make informed decisions about your defense.

Your First Step: The Initial Consultation

The initial consultation allows you to assess whether Scheiner Law Group is the right fit for your case. You can share your story, ask questions, and learn about the strategies we would implement to defend your rights.

Dedicated to Fighting for You

At Scheiner Law Group, we are committed to providing aggressive and personalized defense strategies. Contact us today for a consultation if you or a loved one face serious allegations. Your future deserves strong, experienced legal advocacy.

Experienced Texas Child Molestation Defense Lawyer

At Scheiner Law Group, we are dedicated to defending your rights and providing the aggressive representation needed to fight against false child sex abuse charges in Texas. Our experienced attorneys understand the complexities of these cases and are committed to protecting your future from the severe consequences that can result from false allegations.

We take the time to build a strong, personalized defense strategy tailored to your unique circumstances. If you or a loved one is facing these serious charges, don’t face this battle alone. Contact our law firm today for a confidential consultation. Let us fight to protect your rights and safeguard your future.

Some of the locations in Texas our legal team serves includes Houston, Sugarland, San Antonio, Katy, Llano, Pearland, League City, and more.