Texas Continuous Sexual Abuse of a Child Defense Lawyers

Elements of the Offense

To convict a person of continuous sexual abuse of a young child, the prosecution must prove:

• The victim was younger than 14 years of age (or 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)

Critical legal point: The jury is not required to agree unanimously on which specific acts occurred, when they occurred, or even which acts constitute the “two or more” required by the statute. The jury need only agree unanimously that two or more qualifying acts were committed during a 30-day-or-longer period. This is an extraordinary departure from normal jury unanimity requirements and gives the prosecution a significant structural advantage.

Why Prosecutors Prefer This Charge

From the prosecution’s perspective, §21.02 solves the most common problems in child sexual abuse cases. Young children often cannot identify specific dates, times, or details of individual acts. The continuous abuse statute eliminates the need for that specificity. The relaxed unanimity instruction makes it easier for juries to convict. And the mandatory 25-year minimum gives prosecutors extraordinary leverage in plea negotiations. Defendants facing a potential 25-to-life sentence at trial may accept plea offers they would otherwise reject.

Related Offenses

Continuous sexual abuse of a child is often charged alongside or as an alternative to:

• Aggravated sexual assault of a child (§22.021) — also a first-degree felony
• Indecency with a child (§21.11) — second or third-degree felony depending on conduct
• Sexual assault (§22.011) — second-degree felony

Understanding how these offenses interact and which lesser-included offenses may apply is essential to developing an effective defense strategy.