Continuous Sexual Assault Lawyer in Spring

Have you been accused of engaging in continuous sexual assault against someone else? Few criminal allegations carry the same consequences as the ones associated with this type of sex offense, but there’s hope when you call a continuous sexual assault lawyer in Spring. 

Try to remember that being charged with a crime isn’t the same as being convicted of it, and The Law Offices of Tad Nelson can fight for your freedom. Founded in 1994, our law firm can help you understand exactly what the State is alleging against you. 

With experience advocating for 20,000 people and handling more than 500 jury trials, Tad and his team have recovered hundreds of millions for their clients. As your sex crime lawyer in Spring, we’ll protect your constitutional rights and develop a defense based on the evidence. 

Texas Has More Than One Continuous Sexual Abuse Offense

Texas law contains a specific offense called continuous sexual abuse of a young child or disabled individual under Penal Code Section 21.02. The statute applies in a situation involving these details:

• A person who is at least 17 years old
• Commits two or more qualifying acts of sexual abuse 
• During a period lasting 30 or more days
• When the victim in each act is either a child younger than 14 or a disabled individual

The statute defines qualifying acts through specified offenses, including sexual assault and aggravated sexual assault. Texas also has Section 21.03, titled continuous sexual abuse. That provision addresses the following: 

• Two or more acts of sexual abuse committed
• During a period of at least 30 days against two or more victims
• When the actor is at least 17 at the time of the acts

These statutes have different requirements. That distinction matters when defending a charge. A person accused of continuous sexual abuse should not assume that prosecutors can simply group together unrelated allegations and automatically establish the statutory offense. 

The prosecution still has to prove the elements required by the particular statute charged. A criminal defense lawyer in Spring can examine the charging instrument, the alleged time period, the alleged acts, the identities and ages of the people involved, and the evidence behind it all. 

The Time Period is Often an Important Element 

During criminal investigations, the continuous-abuse statutes require conduct occurring over a period of at least 30 days. That requirement can create important questions for the defense: 

• What period does the prosecution identify? 
• What acts allegedly occurred during that period? 
• What evidence establishes when the alleged conduct happened? 
• Do the alleged incidents actually satisfy the statutory time requirement? 

None of those circumstances automatically resolves a criminal case, but they can affect how evidence is evaluated. Continuous sexual assault lawyers in Spring can investigate the timeline and compare the allegations with available records and testimony. 

The prosecution still has to prove the elements of the charged offense. The existence of multiple accusations does not eliminate that requirement.

Sexual Assault Allegations Have Their Own Elements

Texas Penal Code Section 22.011 identifies sexual assault through particular forms of sexual penetration or contact without consent. The statute also lists circumstances that establish lack of consent, including these matters: 

• Certain forms of force
• Threats
• Unconsciousness
• An inability to resist
• Lack of awareness
• Intoxication or impairment
• Other situations identified by statute

The law also contains separate provisions concerning sexual conduct involving children. That means a defense lawyer needs to examine the specific subsection, alleged conduct, alleged circumstances, and applicable definitions. 

Your continuous sexual assault attorneys in Spring can then determine whether the State’s evidence actually supports each required element. This can be especially important when an accusation involves a disputed interaction between people who knew one another. 

Relationships, communications, timing, surrounding events, and the precise nature of the alleged conduct can all become relevant to the defense.

Defense Strategies Depend on the Evidence

There is no single defense that applies to every continuous sexual abuse case. Depending on the facts, a defense could involve these actions: 

• Challenging the identification of the accused person
• Disputing the alleged timeline
• Challenging whether the conduct satisfies the statutory definition
• Questioning the reliability or context of evidence
• Disputing intent
• Challenging the admissibility of evidence
• Presenting an alternative explanation for events

A continuous sexual assault attorney in Spring can investigate these issues and determine which arguments have a legitimate factual and legal foundation. That process requires more than reading the accusation. 

It involves reviewing evidence, understanding the applicable statutes, investigating witnesses and records, and assessing how the prosecution is likely to present the case. The defense should be built around what the evidence actually shows.

Your Lawyer Can Help You Understand Each Stage

A serious criminal case can involve an investigation, arrest, bond proceedings, arraignment, discovery, pretrial motions, negotiations, hearings, and trial. You do not need to know how every stage works before hiring a lawyer. 

Your attorney can explain what is happening, what decisions need to be made, and what legal issues are developing. That communication is particularly important in a case where the consequences of a conviction could affect your future for years. 

You should also feel comfortable asking questions. If you do not understand why your attorney is requesting a particular record, filing a particular motion, or discussing a particular legal issue, ask. A good attorney-client relationship depends on communication. 

Contact The Law Offices of Tad Nelson for Advice From Continuous Sexual Assault Attorneys in Spring

At The Law Offices of Tad Nelson, founding attorney Tad Nelson is a former prosecutor and forensic scientist who has tried 400 jury trials. His courtroom background gives our law firm an understanding of how prosecutors build cases and how defense attorneys challenge them.

Tad stays involved in all of the cases we handle. Throughout our history, Tad and his team have learned that people often come to us when they are in a bind. At that point, you need someone who will take your situation seriously and explain what is happening every step of the way. 

If you have been accused of continuous sexual abuse, contact The Law Offices of Tad Nelson to discuss your case and learn how our attorneys can protect your rights. We are willing to go to the mattress for our clients, and we’re not afraid to do what it takes to advocate for you.