Texas Sexual Assault Of a Child Defense Attorney

In Texas, being accused of sexual assault of a child can turn your entire life upside down. These cases carry harsh penalties and carry strong emotions with them, even before anything is proven. A single claim can cause you to lose your job, your family’s trust, and your place in the community.

Our experienced Texas sexual assault of a child defense lawyers  know how fast these cases move and how damaging they can be. If this happened to you, and you know the accusation isn’t true, you need someone who understands the law and can step in right away.

At Scheiner DWI & Criminal Defense Lawyers, we take these cases seriously, and we work to get ahead of the problem before it gets worse. Let us help you take the next step.

Are you facing false allegations of sexual assault of a child in Texas? Our experienced legal team will fight to defend you. Call (713) 783-8998 now to speak with our award-winning sexual assault of a child defense attorneys in Texas.

How Texas Law Defines Sexual Assault of a Child

Under Texas Penal Code § 22.011, sexual assault of a child occurs when someone intentionally or knowingly engages in certain sexual acts with a person younger than 17. The law applies even if the accused didn’t know the child’s age, meaning lack of knowledge is not a defense.

The statute covers conduct such as penetration of the child’s mouth, genitals, or anus, as well as causing the child to come into sexual contact with another person. If the child is under 14 or if aggravating factors are present—such as threats, violence, or use of a weapon—the charge may be elevated to aggravated sexual assault.

This classification is treated even more seriously by the court. Since consent is not legally recognized in these cases, the state does not need to prove force or resistance. Every element of the offense must be examined closely, which makes early legal representation absolutely critical.

Types of Child Sexual Assault Charges in Texas

Texas recognizes several distinct crimes involving sexual conduct with a child. Each one is defined by specific legal elements, including the child’s age, the nature of the act, and how often it allegedly occurred:

Sexual Assault of a Child

This charge applies when an adult engages in sexual activity with a minor under 17 years old. It doesn’t matter if the child consented or if the accused was unaware of the child’s real age.

Key Elements

  • The complainant must be under 17 at the time of the alleged sexual contact or penetration.
  • Texas law does not require the accused to have known the child was underage.
  • A claim of consent by the child does not serve as a valid defense.
  • The conduct must have been knowing or intentional to qualify as sexual assault.

Legal Defenses

  • A marriage defense may apply if the parties were legally married at the time of the alleged conduct.
  • The close-in-age exception may cover cases where the child was at least 14 and the accused was no more than three years older.
  • If the act was not intentional or knowing, the defense may argue lack of criminal intent.
  • Some cases involve false accusations, often arising from family disputes, manipulation, or confusion.
  • Improper interviewing techniques—including suggestive questions or outside influence—can distort a child’s account and become part of our experienced Texas sexual assault of a child defense lawyers strategy while defending you.

Aggravated Sexual Assault of a Child

This charge is brought when the alleged act involves additional harmful or coercive factors. The focus is not only on the child’s age but also on how the act was committed and the surrounding circumstances.

What Qualifies as Aggravated

  • The child must be under 14 at the time of the alleged offense.
  • If a weapon was involved, the act is treated as aggravated.
  • Verbal threats, physical force, or any attempt to cause serious harm qualify as aggravating elements.
  • The use of substances to impair the child also qualifies.
  • If more than one person participated in the act, or if the child is especially vulnerable due to age or disability, the charge is elevated.

Legal Defenses

  • The accused may present evidence of innocence, such as an alibi or lack of opportunity.
  • In cases of mistaken identity, the defense may argue that the child misidentified the accused due to poor visibility, stress, or outside influence.
  • If the accusation was driven by a custody battle or revenge, the defense may focus on proving a false report.
  • While consent is not a defense under this statute, the circumstances may still affect how the events are interpreted.
  • A diagnosis of mental illness may lead to a defense based on the inability to understand or control one’s actions.

Super Aggravated Sexual Assault of a Child

This charge is reserved for cases involving particularly extreme circumstances, such as very young victims or actions that involve weapons, threats, or physical harm. It represents one of the most serious types of child sexual assault under Texas law.

When the Charge Applies

  • If the child was under six years old at the time of the alleged offense, the charge may be enhanced to super aggravated.
  • The same applies when the child was under 14, and the conduct included especially threatening or violent factors.
  • These include the use or exhibition of a deadly weapon, infliction of serious injury, or participation by more than one person.
  • It also includes threats of death, kidnapping, or the administration of substances intended to impair the child’s ability to resist.

What Prosecutors Must Prove

  • Prosecutors must show that the accused knowingly or intentionally engaged in sexual contact or penetration involving the child’s mouth, anus, or sexual organs.
  • The presence of specific aggravating circumstances must also be established clearly and supported by evidence.
  • The child’s consent, regardless of how it is described, cannot be considered in court.
  • The age of the child and the specific context of the act are critical elements that the state must prove beyond a reasonable doubt.

Defense Options Which Our Experienced Texas Sex Crime Defense Lawyers Take Into Account

  • The defense may challenge the state’s forensic or physical evidence, especially when it lacks clear support.
  • A claim may be fabricated, and the defense can investigate whether someone had a motive to lie or mislead.
  • Improper police procedures—such as an illegal search or failure to give Miranda warnings—can open the door to constitutional challenges.
  • In many cases, expert witnesses are used to question the child’s memory, credibility, or the quality of the investigation.

Continuous Sexual Abuse of a Young Child

This charge covers repeated acts of sexual abuse committed over a prolonged period against a child under 14 or a legally defined disabled person. It is treated as a unique crime under Texas law and does not require proof of a specific date for each act.

Legal Definition

  • The accused must be 17 or older and the child under 14 at the time of each alleged incident.
  • There must be two or more separate acts of sexual abuse.
  • These acts must have occurred over at least 30 days.
  • The abuse does not need to involve the same victim each time.
  • The jury does not have to agree on exactly which acts occurred, only that the abuse was repeated during that 30-day period.

Covered Offenses

To qualify, the acts must fall under certain categories of sexual crimes, including:

Each of these acts must be knowing or intentional and meet specific legal definitions.

Defense Considerations

  • The Romeo and Juliet defense may apply if the age gap between the parties was five years or less, and there was no force or threat involved.
  • If fewer than two acts occurred, or if they did not span a full 30 days, the state cannot meet the definition of continuous abuse.
  • A mistaken timeline or faulty witness memory can be used to challenge whether the 30-day threshold was met.
  • If the evidence suggests only isolated incidents, the charge may not hold under this statute, though other charges may still apply.
  • Inconsistent statements, errors in the investigation, or false reports may also factor into the defense.

Why the Differences Matter

Each charge involves different legal elements and requires the state to prove different facts. Some focus on a single incident, while others depend on a pattern of behavior. The child’s age, the use of threats or force, and whether multiple acts occurred over time all play a role in how these cases are handled.

While the law removes consent from consideration in most situations, that doesn’t mean every allegation is solid or provable. The label attached to a charge can affect how the investigation unfolds, what kind of evidence is presented, and what defenses may be available.

Understanding how these charges differ is the first step toward a meaningful defense.

Consequences of Being Convicted of Sexual Assault of a Child

A conviction for sexual assault of a child carries lasting consequences beyond the courtroom. In Texas, the legal penalties are severe, and the fallout can affect nearly every part of your life. Even if a person avoids the maximum sentence, the conviction alone creates permanent restrictions on freedom, family rights, and employment.

Jail Time, Fines, and Long-Term Sentencing

Texas treats these offenses as first- or second-degree felonies. Sentencing depends on the specific charge and facts, but prison terms can span decades:

  • Convictions may result in 20 years to life in prison.
  • Continuous sexual abuse cases carry a minimum sentence of 25 years without the possibility of parole.
  • Judges may also impose fines up to $10,000.

There are no shortcuts—many of these sentences are mandatory under state law.

Family, Housing, and Employment Impact

Even outside prison, the consequences continue to affect daily life:

  • A parent with this type of conviction may lose custody or visitation rights if the court finds them to be a risk.
  • Many towns enforce ordinances that restrict where a person with this conviction can live.
  • Jobs involving children are off-limits, and employers in other fields may still terminate based on stigma or policy.

How Sex Offender Registration Will Affect Your Life

If you’re convicted of child sexual assault in Texas, you will be required to register under the Texas sex offender registration program. This is not a temporary requirement. Depending on the charge, you may be listed for ten years or, more commonly, for life.

Registration begins when you’re released from jail, parole, or supervision, and it doesn’t quietly expire.

This registry is public. Anyone—neighbors, employers, landlords—can search your name and see the conviction. It includes your full name, address, physical description, and offense details. Every time you move, change phone numbers, or stay in another county for more than 48 hours, you’re required to report that to local law enforcement. Failure to do so is a felony.

Life under registration is full of limits. Many towns ban registered individuals from living near schools, parks, or areas where kids gather. That may mean you have to move even if you’ve lived somewhere for years.

Employment is also affected—jobs in education, health care, or any setting involving children are off-limits. Even in other industries, the stigma alone is enough to lose work or face rejection.

In short, registration isn’t just paperwork—it shapes where you live, how you work, and who will interact with you.

When Accusations Against You Are Untrue

False accusations in child sexual assault cases happen more often than most people realize, and the consequences can be devastating. These cases may stem from emotionally charged situations, such as child custody battles or bitter divorces, where one parent manipulates a child into making claims to gain an advantage in court.

Children may also repeat coached stories without understanding the harm it causes.

In other cases, a child may make a false claim to avoid punishment for unrelated behavior—whether academic trouble or misconduct at home. Some accusations are rooted in mistaken identity, especially when the prosecution doesn’t specify exact dates or details.

The accused might present alibi evidence or point to contradictions in the child’s description.

Additionally, when a case lacks physical evidence and relies on a single witness with credibility issues, the defense may highlight inconsistencies or raise questions about the reliability of the claim. Each of these scenarios requires careful investigation.

Experienced Texas Child Sexual Assault Defense Law Firm

At Scheiner DWI & Criminal Defense Lawyers, we’ve been defending Texans accused of serious sex offenses for over 30 years. Our lead attorney, Grant Scheiner, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has been named a Texas Super Lawyer every year since 2009. His background includes hands-on training in forensic testing and police procedures, giving him the tools to catch mistakes others might overlook.

Our firm focuses on challenging false or exaggerated accusations early—before they lead to unjust outcomes. We rely on deep courtroom experience and a focused defense strategy to protect your future when the stakes couldn’t be higher. Contact us today for a confidential consultation.

Cities in Texas where our experienced legal team has defended individuals being falsely accused of sex offenses include Houston, Pearland, Sugarland, San Antonio, Llano, Katy, League City,  and more.