Texas Continuous Sexual Abuse of a Child Defense Lawyers

Continuous sexual abuse of a young child or disabled individual (Texas Penal Code §21.02) carries a mandatory minimum sentence of 25 years in prison with no eligibility for parole until the defendant has served the full 25 years. It requires lifetime sex offender registration. It is a first-degree felony with a maximum sentence of 99 years or life. There is no more serious charge in the Texas Penal Code for allegations involving children.

At Deandra Grant Law, Attorney Douglas Huff has defended clients against continuous sexual abuse charges. Doug understands that these cases demand the most aggressive and meticulous defense preparation because the consequences of conviction are catastrophic and essentially irreversible.

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.

Defense Strategies

Challenging Whether Two Distinct Acts Occurred

The statute requires proof of two or more qualifying acts over a 30-day period. If the evidence supports only a single act, the continuous abuse charge fails as a matter of law, although lesser-included offenses may still apply. Doug meticulously examines the evidence to determine whether the prosecution can actually prove two distinct qualifying acts.

Challenging the Child’s Testimony

In many continuous abuse cases, the child’s testimony is the only evidence. Doug retains experts in child psychology, forensic interviewing, and memory science to evaluate the reliability of the child’s statements. Were the forensic interviews conducted using proper protocols? Were leading or suggestive questions used? Has the child’s account changed over time? Were there influences from adults involved in custody disputes?

Challenging the Timeline

The prosecution must prove a period of 30 or more days. If the evidence shows a shorter timeframe, the continuous abuse charge is not legally supported. Doug builds a detailed timeline from all available evidence to test whether the prosecution’s alleged timeframe holds up.

Outcry Witness and Forensic Interview Challenges

Doug challenges the reliability of outcry testimony and forensic interviews by examining the circumstances of the disclosure, the qualifications and techniques of the forensic interviewer, and the consistency of the child’s statements across multiple interviews and accounts.

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.

Why Choose Deandra Grant Law for Sexual Assault Defense

• Forensic credentials allow us to challenge SANE exams, DNA evidence, and forensic findings at a scientific level
• Nearly 30 years of criminal defense experience and a track record of aggressive advocacy for our clients
• Attorney Douglas Huff is a published author and national lecturer on criminal defense strategy who has tried serious criminal cases throughout his career
• Multiple office locations across Texas, including Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing sex crime charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff is our Partner and Criminal Division Chief — a senior trial attorney who has defended clients against sexual assault allegations, violent felonies, and other serious criminal charges throughout his career. Our team, forensic science credentials, and nearly 30 years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.