Part of the driving force behind some charges is that consent is irrelevant in most child sex offenses, because state law says nobody under 17 can give consent. In other cases, the accuser may not truly understand the weight of these charges and the resulting life disruption of false or inaccurate accusations.

What you need to remember, regardless of your situation:

• You are innocent until proven guilty.
• Up to 10% of child sex crime claims are false.
• While the charge carries a heavy stigma, the jury cannot find you guilty solely due to stigma.
• You can successfully defend against these charges even with the extreme outrage they cause.

An experienced attorney knows how to guide your defense for the best outcome.

An Overview of Child Sex Crimes

A child sex crime or sex crime involving a minor is a criminal sexual assault charge involving children when sexual penetration occurs, and the act includes at least one of the following:

• Threats or use of force
• The victim is unable to understand the act or give consent
• The victim is under 18, and the alleged offender is a family member
• The victim is between 14 and 17, and the alleged offender is at least 17 and holds a position of trust

You may hear of statutory rape of a minor. It refers to an adult having sexual relations with a child under 17, the legal age of consent. The penal code defines it as a sexual assault between an adult and a victim under 17 who is not their spouse.

According to the Texas Penal Code, a minor is someone under the age of 18. However, the legal age of consent for sexual relations is 17. If you are charged with a child sex crime while in a consensual relationship with someone 17 or older, a claim of assault would not hold up in court.

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Types of Sex Crimes Involving Minors

Many child sex crimes fall under the classification of child molestation, indecency with a child, or aggravated sexual assault of a child. Aggravating factors include:

• Sexual actions with a minor under 14
• Using a deadly weapon in the assault
• Causing bodily harm or fatal injury to the victim
• Using drugs to incapacitate the victim
• Causing the victim to fear for their life
• Having an additional perpetrator present

Sex crimes with a minor include the following:

• Continuous sexual assault of a child
• Compelling prostitution of a child
• Online solicitation of a minor
• Possession of child pornography
• Sale, distribution, or display of harmful material to a minor
• Prohibited sexual conduct
• Promotion of child pornography

The promotion of child pornography includes the creation, distribution, and sale of content or materials.

The Penalties for Sex Crimes Involving a Minor

The penalties vary widely between states, but most child sex crimes are felonies with lengthy prison terms. If you are found guilty of one of these crimes, you cannot expect to avoid time in jail. Also, most people convicted of these crimes must register as sex offenders, sometimes for life.

Sexual Assault of a Child

• Second-degree felony
• A prison sentence of up to 20 years
• A fine of up to $10,000

There is no statute of limitations on this crime, and you can be charged and convicted years after the alleged offense.

Aggravated Sexual Assault of a Child

• First-degree felony
• Potential sentence of life in prison
• If the child was 14 or younger at the time of the assault, the defendant might be sentenced to up to 99 years without chance of parole until serving at least half the sentence

Indecency with a Child

• Third-degree felony
• A prison sentence of up to 10 years
• A fine of up to $10,000

Indecency with a Child by Contact Not Including Penetration

• Second-degree felony
• A prison sentence of up to 20 years
• A fine of up to $10,000

Continuous Sexual Abuse of a Child

• First-degree felony
• A prison sentence of up to life
• A fine of up to $10,000

There are no light sentences or low fines in child sexual assault cases. The best you can hope for is a third-degree felony.

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Potential Defenses Against Charges of Sex Crimes Involving Minors

Defending someone for child sex crimes isn’t easy, but there are options you and your attorney can consider.

For instance, minors are not considered reliable witnesses. They can exaggerate and might not understand the impact of false or misleading testimony on the defendant. Also, many crimes are prosecuted based on thin or questionable evidence.

Suppose your sex partner is between 14 and 17, and you are no more than three years older than your sex partner. In that case, you may claim the so-called Romeo and Juliet defense, which protects youths who engage in consensual sex from charges of a sex crime. 

Child sex crimes can be difficult for the prosecution to prove. The child must be deemed competent to testify before the jury can hear their testimony. Also, some children’s stories don’t make sense once a skilled attorney begins questioning them. 

Common issues with child testimony include the following:

• Children may not be able to provide accurate date ranges for the alleged conduct
• Delayed reporting can damage credibility and dim memories
• Questions about the child’s credibility can discount the testimony
• A lack of witnesses to corroborate the crime
• Potential bias on the part of the child’s parents or family members
• Mistaken identity
• The possibility that a spouse or former spouse is attempting to sway custody or visitation decisions during custody hearings

Child sex crimes are a hot-button issue that causes knee-jerk reactions in many people. You need help if you are charged with any of these crimes.

Attorney Brett Podolsky can help you defend against these charges. Contact us today for a free consultation.