Criminal Defense and Title IX
Attorneys Austin, TX

Texas Defense Lawyers for Child Sexual Assault Charges

If you’re accused of sex crimes, you need to seek legal help immediately

Child sexual assault charges are among the most serious sex crimes in Texas. These allegations not only carry severe legal penalties but also have a profound impact on the lives of both the accused and the child involved.

Not all accusations of child sexual assault are valid, however. Unfortunately, false accusations of child sexual abuse happen, often during contentious custody battles or divorce proceedings. The effects of such accusations can be long-lasting and devastating.

At Botsford & Roark, we understand the complexity and sensitivity of these cases. We are committed to conducting a thorough investigation, collecting evidence, and building a strong defense to protect your rights and reputation.

If you have been accused of sexual assault on a child, contact Botsford & Roark for a confidential case evaluation. We can answer questions and explain how our defense attorneys have been protecting rights, reputations, and futures in Central Texas since 2007.

Understanding child sexual assault charges in Texas

In Texas, sexual assault on a child, or child molestation, encompasses sexual abuse, sexual conduct, and indecency with a child under the age of 17. The severity of the charges can vary based on factors such as the age of the child and the number of alleged instances. In Texas, crimes involving children under the age of 14 carry greater penalties. Possible charges in a child sexual assault case include:

  • Indecency with a child. Sexually arousing or gratifying touching (but not penetration) with an individual under age 17
    • Second degree felony
    • 2-20 years in prison, up to $10,000 fine
  • Sexual assault. Penetrative sex with a minor, ages 14-16
    • Second degree felony
    • 2-20 years in prison, up to $10,000 fine
  • Aggravated sexual assault. Penetrative sex that causes serious bodily injury or with a child under 14, among other circumstances
    • First degree felony
    • 5-99 years in prison, up to $10,000 fine
  • Solicitation of a minor. An individual requests, commands, or attempts to induce a minor to engage in or be a party to specific sexual acts
    • The severity of the charge is usually one category lower than the act being solicited.

Defense against false accusations of child sexual abuse

Being accused of child sexual assault or molestation is an overwhelming experience, but you don't have to go through it alone. Here are some of the defense strategies and services that our child sex abuse lawyers may use to defend you:

  • Mistaken identity. When the defendant was not the actual perpetrator of the sexual assault, this becomes a compelling defense. The defendant must substantiate that they were wrongly identified as the true culprit.
  • Lack of evidence. If the prosecution fails to present substantial evidence to convincingly establish that the defendant committed the sexual assault, this emerges as a potent defense strategy.
  • Alibi. Should the defendant demonstrate that they were indisputably elsewhere at the time of the alleged sexual assault, this evolves into a formidable defense tactic.
  • Teenage relationships. Texas law allows for consensual relationships between teenagers with a limited age difference, often referred to as the "Romeo and Juliet" law. This means that a 19-year-old can have a consensual relationship with a 16-year-old, and a 17-year-old can engage in legal sexual activity with a 14-year-old, as long as the age difference falls within the legal parameters.
  • Spousal defense. This defense acknowledges that adults over the age of 17 can marry individuals under 17 in specific circumstances. However, it's essential to understand that spousal defense doesn't mean spouses are immune from accusations of rape under Texas law.

Our legacy is to protect yours

Choosing the right defense attorney can make all the difference in the outcome of your case. At Botsford & Roark, we are committed to providing you with a robust defense, protecting your rights, and ensuring a fair trial.

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