What to Expect When Facing a Sexual Assault of a Child Case in Houston

Wrongful convictions for sexual assault have become rampant in the United States. This trend is largely attributed to false accusations and aggravated by prosecutorial errors.

According to the National Registry of Exonerations, a total of nine defendants were exonerated of sexual assault charges in 2024. Four of these were death row convicts, underscoring the implications of wrongful sexual assault convictions.

If you’ve been wrongfully accused of a sexual assault in Houston, Texas, understanding your rights is key to navigating the ensuing legal battle. Here’s what to expect when facing a sexual assault of a child in Houston.

1. Working With a Lawyer Is Your Best Bet

Sexual assault of a minor is a serious offense whose outcome depends on the experience of your legal representation.

While you may quickly weave your way out of misdemeanors like disorderly conduct, you’ll need a professional Houston sexual assault of a child lawyer to navigate the aftermath of sexual assault accusations.

Contact a lawyer as soon as you’re formally served with a copy of the complaint from the plaintiff.

Your attorney’s expertise will prove useful in breaking down the severity of your offense, cross-examining the plaintiff’s evidence, negotiating settlements, and arguing your case in court.

2. Decline Police Interviews Without Legal Representation

Time often moves swiftly while facing sexual assault charges.

Following a formal accusation, law enforcement officers may obtain an arrest warrant and bring you in for questioning. This could happen before making initial contact with your attorney.

However, do not answer police questions without your lawyer present. That’s part of your Miranda rights.

Whether it’s preliminary questioning or an elaborate interrogation, request to see your lawyer before cooperating. It prevents you from making potentially self-incriminating statements or disclosing intimate facts that your attorney may use later to argue your innocence.

3. Learn About Your Accusations

The first thing a professional sexual assault lawyer should do after making contact with you is bring you up to speed on the gravity of your accusations. Your attorney will obtain copies of police reports and relevant court documents to acquaint themselves with your charge.

In Houston, as with most other jurisdictions across the United States, sexual assault of a minor often constitutes a felony charge. Even offenses classified as misdemeanors can quickly be escalated to felonies.

For instance, the electronic transmission of visual materials depicting minors in compromising situations is mostly a Class C misdemeanor for first offenders. In the case of repeat offenses, you could be looking at a Class B or A misdemeanor, or even a 3rd degree felony.

Here are the most severe accusations of sexual assault of a minor to be aware of;

a) 3rd Degree Felonies

• Possession of child pornographic material (as a first offense)
• Online solicitation of a minor (as a first offense)

b) 2nd Degree Felonies

• Online solicitation of a minor (as a repeat offense)
• Bestiality in the presence of a minor, regardless of whether the minor is participating or not
• Incest with a distant relative
• Promotion of child pornography (as a first offense)

c) 1st Degree Felonies

• Possession of child pornographic materials (as a repeat offense)
• Promotion of child pornography (as a repeat offense)
• Incest with a direct descendant
• Compelling prostitution of a minor
• Trafficking of minors for sexual conduct
• Aggravated sexual assault - assaults that include physical harm to the victim

4. Know Your Accuser

Now that you understand your accusations, it’s time to know your accuser. The idea is to establish whether (i) it’s someone you’re familiar with and/or (ii) if they’re genuinely a minor.

If it’s a complete stranger, your attorney will exonerate you from the sexual assault charges with remarkable ease.

But if it’s someone you’ve had sexual contact with before, you’ll need to find out whether they were minors during the alleged offense.

Texas laws consider minors as persons under 18 years. However, the legal age of consent is 17 years.

5. The Statute of Limitations Applies

In Texas, the statute of limitations for sexual assaults depends primarily on the victim’s age. The state allows up to five years for adult plaintiffs to file civil lawsuits or ten years for criminal suits.

Meanwhile, minors have up to 20 years from their 18th birthday to file sexual assault claims.

Note that this generally applies to 3rd and 2nd degree offenses. First-degree assaults on minors generally have no statute of limitations.

Your attorney will help you determine when the alleged offense occurred and if the statute of limitations has since expired. 

6. Only Compelling Evidence Will Sustain the Case

Sexual assault cases are premised on hard evidence. For alleged assaults involving physical contact, you must have left your DNA on the plaintiff’s body.

Your legal team will liaise with the opposing counsel to understand the evidence they have against you. Allegations involving penetrative sex will be difficult to prove without traces of bodily fluids (semen, saliva, and blood) on the victim’s body.

Other types of evidence that may be used in sexual assault of a minor cases include;

• Impressions, such as your fingerprints on the plaintiff’s body or shoe prints on their floor
• CCTV footage showing you around the victim’s location and challenging your alibi
• Witness statements
• Police reports
• Toolmarks – for assaults that involve the use of a weapon

7. Draft a Legal Strategy

Your Houston sexual assault of a minor lawyer will draft a defense strategy based on the evidence the plaintiff has against you. Usually, there are two options to explore – alternative dispute resolution (ADR) or a full trial.

Going the ADR route is less time- and resource-intensive. The matter can be settled within a day if both parties agree.

However, the plaintiff may choose to proceed to a full trial. At trial, your lawyer will employ every strategy to exonerate you from the accusations.

One of the defenses the attorney could mount to secure your innocence includes the fact that the plaintiff willfully consented. They may also claim mistaken identity or confusion regarding the plaintiff’s legal age.

If no sexual contact occurred, your attorney will focus on challenging the credibility of the plaintiff’s evidence and witnesses.

Final Word

Sexual assault of a minor typically constitutes a felony in Houston, and sentences can be quite punitive. A conviction could attract hefty fines, lengthy jail terms, or both.

Working with a professional lawyer is the surest way to escape a wrongful sexual assault of a minor conviction and restore your dented reputation.

While there’s no shortage of law firms in Houston, it’s best to seek out an attorney with proven expertise and experience in representing sexual assault defendants. Besides, insist on an excellent communicator, an analytical observer, and someone who demonstrates a genuine commitment to advocating for your rights.