Continuous Sexual Abuse of a Child

Continuous Sexual Abuse of a Child

Continuous sexual abuse of a child under section 21.02 of the Penal Code is a first-degree felony with a minimum sentence of twenty-five years. There is no parole: a 25-year sentence is twenty-five years, day for day. This is one of the most severely punished offenses in Texas.

Elements

The State must prove that the defendant committed two or more acts of sexual abuse against a child under fourteen, and that the acts occurred over a period of thirty or more days—that is, there were at least 30 days between the first act and the last. The qualifying acts include sexual assault, aggravated sexual assault, indecency by contact, and several other offenses listed in the statute.

The jury does not have to agree unanimously on which specific acts occurred or when they occurred. It must agree only that at least two qualifying acts happened during the relevant period. This is an unusual unanimity rule that makes things much easier for the State.

Defense

The lack of a unanimity requirement means the defense must challenge the complainant’s entire account, because the jury can convict based on any combination of alleged acts. The defense focuses on the reliability of the child’s disclosures: the forensic interview, the outcry, the history of the allegations, and whether the child’s account has been influenced by adults involved in a custody dispute, divorce, or other family conflict.

The timing element matters. If the State cannot prove the alleged acts spanned thirty or more days, the offense cannot be continuous sexual abuse. The defendant may still face individual charges for each alleged act, but those charges carry different punishment ranges and require the jury to agree on the specific conduct.

Talk to us

713-224-1747.

If you have been convicted and need an appeal, email us at [email protected].