What Is Continuous Sexual Abuse of a Child in Texas — And Why Is It So Serious?

At Deandra Grant Law, Attorney Douglas Huff has defended clients against continuous sexual abuse charges and understands the extraordinary stakes involved. These cases demand the most aggressive and thorough defense preparation because there is virtually no margin for error.

How the Charge Works

The continuous sexual abuse statute was designed to address situations where a child has been subjected to repeated sexual abuse over a period of time but may not be able to identify the specific dates or details of each individual act. The elements are:

• The victim is younger than 14 years old (or is a disabled individual)
• The defendant committed two or more acts of sexual abuse during a period that is 30 or more days in duration
• The acts of sexual abuse include any combination of aggravated sexual assault (§22.021), indecency with a child (§21.11), sexual assault (§22.011), or sexual performance by a child (§43.25)

Critically, the statute does not require the jury to agree unanimously on which specific acts occurred or when they occurred. The jury need only agree that two or more qualifying acts were committed during a period of 30 or more days. This is an extraordinary departure from the normal requirement of jury unanimity on the specific conduct underlying a conviction.

Why Prosecutors Prefer This Charge

From the prosecution’s perspective, §21.02 solves several problems that make child sexual abuse cases difficult to try:

• Child witnesses struggle with specifics. Young children often cannot identify specific dates, times, or sequences of events. The continuous abuse statute eliminates the prosecution’s need to prove when each act occurred.
• The jury instruction is broader. The court instructs the jury that it need not agree on the specific acts — only that two or more qualifying acts occurred during a 30-day-or-more period.
• The penalty is mandatory. The 25-year minimum with no parole eligibility provides enormous leverage in plea negotiations. Defendants facing a continuous abuse charge know that a conviction at trial means at least 25 years in prison.

Defense Strategies

Defending against continuous sexual abuse charges requires challenging the case at every level:

• Challenging the underlying acts. Each alleged act of sexual abuse must individually meet the elements of the underlying offense. If the evidence does not support two or more qualifying acts, the continuous abuse charge fails. Doug examines whether the evidence actually supports two distinct acts during the charged timeframe.
• Challenging the child’s testimony. Doug retains experts in child psychology, memory, and forensic interviewing to evaluate the reliability of the child’s statements. Were the forensic interviews conducted properly? Were leading or suggestive questions used? Has the child’s account changed over time? Were there influences from other adults?
• Challenging the timeline. The prosecution must prove a period of 30 or more days. If the evidence only supports a single incident, the continuous abuse charge is not legally supported — though a lesser-included offense charge may still be available.
• Mitigation preparation. Given the extraordinary sentencing exposure, Doug and Deandra Grant Law’s in-house mitigation team prepare comprehensive mitigation materials from the earliest stages of the case — ensuring that if sentencing becomes necessary, the judge and jury have a complete picture of the defendant’s life and circumstances.

Contact Deandra Grant Law

If you or someone you love is facing a sex crime accusation in Texas, contact Deandra Grant Law for a free, confidential case review. If we can take your case, you will meet with Attorney Douglas Huff. Doug is a Partner at Deandra Grant Law and a senior trial attorney who has defended clients against sexual assault allegations, violent felonies, and other serious criminal charges throughout his career. He has been recognized as a published author and national lecturer on criminal defense strategy.