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Houston Child Molestation Defense Attorney
An accusation of sexually abusing a child can irreversibly damage your life in many ways. When you have been falsely accused, it can be tough to keep or attain a job, no matter the amount of evidence in your favor. If you have been accused of child molestation, the first thing you need to do is hire an attorney to defend you on your behalf.
Child Molestation in Texas
Texas defines a child as “anyone younger than 17 years of age,” and sexual abuse and assault as knowingly or intentionally:
- Causing the penetration of the anus or sexual organ of a child by any means;
- Causing the penetration of the mouth of a child by the sexual organ of the actor;
- Causing the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
- Causing the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
- Causing the mouth of a child to contact the anus or sexual organ of another person, including the actor.
By Texas law, it is a defense to prosecution if any of these actions consisted solely of medical care, and did not involve genital-to-genital contact in any way.
Child Sexual Abuse Laws and Penalties
As previously stated, Texas has some of the strictest laws and harshest fines for child abusers. Any time a person touches in any fashion the genitals or other inappropriate regions on the child’s body, it is deemed sexual assault. Abuse is deemed continuous if there are two or more occasions of molestation in 30 or more days, perpetrated by someone 17 or older against someone aged 14 or younger.
Child sexual abuse is usually a second degree felony in Texas, which carries a maximum penalty of 20 years in prison and a $10,000 fine. After serving your jail sentence, you would have to register as a sex offender in the neighborhood to which you move. The penalty could potentially be a first degree felony in cases of bigamy, which has a minimum 25-year prison sentence along with a $10,000 fine.
What To Do If You Have Been Accused
As previously mentioned, your very first step before even talking to anyone else or giving any sort of official statement is to hire an attorney. False accusations most commonly occur in bitter divorce cases, against teachers or coaches, and other family members. If this happens to you, gather any evidence you may have which could help prove your innocence. This could include anything, such as letters, emails, phone and GPS records, which may show that you were not with the child at the alleged time of the incident, plus any witnesses that may have been present. You and your lawyer can piece together a solid defense which shows that you were not the person who did this, or that the child was not molested at all.
If you have been falsely accused of sexually abusing or assaulting a child, you do not have to fight it alone. The Law Office of David A. Breston has a lot of experience handling these types of cases, and will come to your defense to ensure that you receive a fair trial. Call (713)224-4040 today for your free consultation.