The Most Serious Allegation: Sexual Assault of a Minor Defense in Austin, Texas

A sexual assault of a minor accusation is perhaps the most devastating criminal charge a person can face. The mere allegation—even before any charges are filed—can destroy your reputation, cost you your job, and isolate you from family and friends. If convicted, the consequences are unimaginable: decades or life in prison, mandatory sex offender registration for life, loss of parental rights, and a lifetime of stigma. The stakes could not be higher. The need for experienced, aggressive legal representation could not be more urgent.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against allegations of sexual assault of a minor. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to sex crime defense. We understand that these cases are often built on accusations alone, with little physical evidence, often made years after the alleged incident—and that a skilled defense can expose weaknesses in the State’s case, challenge unreliable witnesses, and protect your rights.

Whether you are facing allegations of sexual assault of a child, indecency with a child, continuous sexual abuse of a young child, or aggravated sexual assault of a child, we provide the strategic guidance and aggressive representation you need to protect your freedom, your reputation, and your future.

Understanding Sexual Assault of a Minor Charges in Texas

Sexual assault of a minor encompasses a range of offenses under Texas law, each carrying severe penalties. Understanding the specific charge you face is essential to building your defense.

Sexual Assault of a Child:

Under Texas Penal Code Section 22.011, sexual assault of a child occurs when a person intentionally or knowingly causes the penetration of a child under 17 years of age. This is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.

Aggravated Sexual Assault of a Child:

Aggravated sexual assault occurs when:

• The child is under 14 years of age

• The person causes serious bodily injury

• The person uses or exhibits a deadly weapon

Aggravated sexual assault of a child is a first-degree felony punishable by 5 to 99 years or life in prison.

Indecency with a Child:

Under Texas Penal Code Section 21.11, indecency with a child occurs when a person engages in sexual contact with a child under 17, or exposes themselves to a child under 17 with the intent to arouse or gratify sexual desire. This is a second-degree felony punishable by 2 to 20 years in prison.

Continuous Sexual Abuse of a Young Child:

Under Texas Penal Code Section 21.02, continuous sexual abuse occurs when a person commits two or more acts of sexual abuse against a child under 14 over a period of 30 days or more. This is a first-degree felony punishable by 25 to 99 years or life in prison—with no possibility of parole until the defendant has served 35 years.

For families in Austin, a sexual assault of a minor charge is among the most serious criminal allegations possible.

What Is the Penalty for Sexual Assault of a Minor in Texas?

The penalties for sexual assault of a minor depend on the specific offense and any aggravating factors.

Second-Degree Felony:

• Sexual Assault of a Child: 2 to 20 years in prison

• Indecency with a Child: 2 to 20 years in prison

First-Degree Felony:

• Aggravated Sexual Assault of a Child: 5 to 99 years or life in prison

• Continuous Sexual Abuse of a Young Child: 25 to 99 years or life in prison (35-year minimum before parole eligibility)

Enhanced Penalties:

• Prior convictions can enhance punishment

• Use of a deadly weapon

• Causing serious bodily injury

Collateral Consequences:

• Sex Offender Registration: Lifetime registration required for all of these offenses

• Civil Commitment: Sexually violent predators may be civilly committed to a treatment facility after completing their criminal sentence

• Loss of Parental Rights: May lose custody of children

• Employment Restrictions: Cannot work in schools, daycare centers, or positions involving children

• Housing Restrictions: Cannot live within 1,000 feet of schools, parks, or daycare centers

• Immigration Consequences: Non-citizens face mandatory deportation

For families in Austin, the penalties for sexual assault of a minor are among the most severe in Texas law.

How to Defend a Sexual Assault of a Minor Charge

Defending against a sexual assault of a minor charge requires a strategic approach. The State often relies heavily on the word of the accuser, and the defense must expose weaknesses in that testimony.

Defense 1: False Allegations

False allegations of sexual abuse arise in many contexts:

• Custody Disputes: In contentious divorces, one parent may accuse the other to gain advantage in custody proceedings

• Retaliation: The accuser may be retaliating for a perceived wrong

• Mental Health Issues: The accuser may have mental health issues that cause them to make false allegations

• Miscommunication: A child may misinterpret innocent contact

• Delayed Reporting: When allegations are made years after the alleged incident, memories fade and motives may be questioned

Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie (custody disputes, financial gain, revenge)

• Witnesses who contradict the accuser’s story

• The absence of physical evidence

• Prior false allegations by the same accuser

Defense 2: Mistaken Identity

In some cases, the accuser may have misidentified the perpetrator. Your attorney can challenge:

• The circumstances of the identification

• Whether the accuser had a prior relationship with the alleged perpetrator

• Whether the description matches the defendant

Defense 3: Lack of Physical Evidence

Many sexual assault cases lack physical evidence. Without DNA, injuries, or other corroborating evidence, the State’s case rests entirely on the word of the accuser. Your attorney can argue that the State has failed to meet its burden of proof.

Defense 4: Challenging Forensic Interviews

Child accusers are often interviewed by forensic interviewers at Child Advocacy Centers. Your attorney can challenge:

• The methodology of the interview

• Whether the interviewer used leading questions

• Whether the interviewer was properly trained

• Whether the child was coached

Defense 5: Challenging Outcry Witnesses

In child sexual assault cases, the State often calls an “outcry witness”—the first adult the child told about the alleged abuse. Your attorney can challenge:

• Whether the outcry was spontaneous or coerced

• Whether the witness’s testimony is consistent

• Whether the witness has an agenda

Defense 6: Expert Witnesses

Your attorney may call expert witnesses to testify about:

• False allegations in custody disputes

• Suggestibility in child witnesses

• The lack of physical evidence

• Alternative explanations for the child’s behavior

For families in Austin, a strong defense can mean the difference between a lifetime in prison and acquittal.

The Role of Child Advocacy Centers

In Texas, allegations of child sexual abuse are often investigated through Child Advocacy Centers (CACs). Understanding how CACs operate is essential to your defense.

What CACs Do:

• Conduct forensic interviews of child accusers

• Coordinate investigations between law enforcement and child protective services

• Provide medical evaluations

• Offer counseling services

Problems with CAC Investigations:

• Leading Questions: Interviewers may use leading questions that suggest answers

• Multiple Interviews: Children may be interviewed multiple times, increasing the risk of contamination

• Confirmation Bias: Investigators may seek evidence that confirms their suspicions while ignoring evidence that contradicts them

• Lack of Recording: In some cases, interviews are not recorded, making it difficult to challenge the methodology

Challenging CAC Evidence:

Your attorney can:

• Obtain recordings of forensic interviews

• Hire experts to review the methodology

• Challenge the qualifications of the interviewer

• Present alternative explanations for the child’s statements

For families in Austin, understanding CAC investigations is critical to your defense.

Delayed Reporting in Child Sexual Assault Cases

Many allegations of child sexual assault are made years after the alleged incident. Delayed reporting creates unique challenges for the defense.

Why Delayed Reporting Happens:

• The child may have been afraid to report

• The child may not have understood what happened

• The child may have been threatened

• The allegations may arise in the context of a custody dispute

Challenging Delayed Reporting:

Your attorney can:

• Question why the child waited so long to report

• Investigate what prompted the report (a custody dispute? a therapy session? a suggestion from a parent?)

• Present evidence of the relationship between the parties during the intervening years

• Challenge the credibility of the accuser

The Danger of Delayed Reporting:

Memories fade. Evidence is lost. And the motive for reporting becomes more complex. Delayed reporting is both a challenge and an opportunity for the defense.

For families in Austin, delayed reporting cases require a nuanced defense strategy.

Continuous Sexual Abuse of a Young Child

Continuous Sexual Abuse of a Young Child is one of the most serious charges in Texas law. Understanding this charge is essential.

The Elements:

• Two or more acts of sexual abuse

• Against a child under 14

• Over a period of 30 days or more

The Penalty:

• First-degree felony: 25 to 99 years or life in prison

• No parole eligibility until 35 years have been served

Defending Continuous Sexual Abuse:

• Challenge the individual acts: If the State cannot prove the underlying acts, the continuous charge fails

• Challenge the timeframe: Did the acts occur within a 30-day period?

• Challenge the victim’s credibility: If the victim is not credible on one act, the entire case is weakened

For families in Austin, continuous sexual abuse charges require the most aggressive defense.

Frequently Asked Questions About Sexual Assault of a Minor in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about sexual assault of a minor charges. Here are the answers to the most common inquiries we receive.

What is the age of consent in Texas?

The age of consent in Texas is 17. Sexual contact with a person under 17 is illegal, regardless of consent, unless the parties are married.

What is the difference between sexual assault and aggravated sexual assault of a child?

Sexual assault of a child (under 17) is a second-degree felony. Aggravated sexual assault (child under 14, or causing serious bodily injury, or using a deadly weapon) is a first-degree felony.

What is continuous sexual abuse of a young child?

Continuous sexual abuse occurs when a person commits two or more acts of sexual abuse against a child under 14 over a period of 30 days or more. It is a first-degree felony with a minimum sentence of 25 years.

Will I have to register as a sex offender?

Yes. All of these offenses require lifetime sex offender registration.

Can I get probation for sexual assault of a minor?

Probation is generally not available for aggravated sexual assault of a child or continuous sexual abuse. In limited circumstances, probation may be available for sexual assault of a child or indecency with a child for first-time offenders.

How are child sexual assault cases investigated?

Child sexual assault cases are often investigated through Child Advocacy Centers, which conduct forensic interviews of child accusers. These interviews can be challenged.

Do I need an attorney for a sexual assault of a minor charge?

Yes. This is the most serious criminal charge you can face. The consequences—decades in prison, lifetime registration, loss of rights—last a lifetime. You need an experienced attorney who understands the unique challenges of child sexual assault defense.

Why Barton & Associates for Sexual Assault of a Minor Defense in Austin

Sexual assault of a minor defense requires attorneys who understand the unique dynamics of these cases, the forensic interviewing process, and the strategies for challenging accusers. The attorneys at Barton & Associates bring decades of experience to sex crime defense, helping clients protect their freedom, their reputations, and their futures.

We are deeply rooted in the Austin legal community. We have handled child sexual assault cases in Travis County courts for decades and understand the local prosecutors, the Child Advocacy Center, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your Freedom

If you are facing a sexual assault of a minor charge, your freedom, your reputation, and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced sex crime defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)