Sexual Abuse of a Minor Defense 

It’s tough to sympathize with anyone accused of sexual abuse of a minor.  Regardless of the facts, it’s natural to feel a mix of anger, disgust, and a demand for justice.  However, if the accused is a trusted friend or family member, these feelings may be tempered with disbelief, a defense of the accused, or a call for patience before judgment.  Now, imagine you are the one being accused… do the same judgements seem fair?  

When accusations of sexual abuse of a minor arise, it’s tough to remain impartial.  It’s a topic that’s emotionally charged and rarely explored outside of news headlines or gripping Hollywood productions.  For years, we’ve seen countless episodes of Law and Order: Special Victims Unit dramatize the ghastly actions of predators and the suffering of innocent victims.  Similarly, the Oscar-winning film Spotlight exposed the systemic cover-ups of child sexual abuse within powerful institutions, sparking global conversations and condemnation. 

Against this backdrop of sensational news stories and Hollywood scriptwriters, Texas courts must deal with the reality of the law.  The reality of that law is that, regardless of the crime, the accused have a Constitutional right to a defense and they are innocent until proven guilty.  That fact is foundational to our legal system. 

Sexual abuse of a minor is a deeply sensitive and often misunderstood topic. Discussing it can be uncomfortable, yet understanding the legal landscape is crucial for protecting rights and seeking justice. As a defense attorney with over 25 years experience practicing law, Andrea Kolski has seen victims on both sides and the destruction it can cause.  For victims, sexual abuse can cause devastating, life-long trauma.  For the falsely accused, it means a life turned upside down. 

For these and other reasons, Andrea Kolski and the team at Nonstopjustice PLLC approach this emotionally charged topic with empathy, recognizing the harm endured by victims while understanding how false accusations can ruin an innocent person’s life. 

Sexual Abuse of a Minor Under Texas Law 

Texas law addresses sexual abuse of a minor through several key statutes designed to protect children while defining clear boundaries for criminal behavior.  

-Texas Penal Code Section 22.011, Sexual Assault, it is illegal to intentionally or knowingly engage in sexual contact with a child under 17 years of age, regardless of consent. This includes penetration or contact between specified body parts. The law defines a child as anyone younger than 17, this applies even if the accused believed the minor was of legal age.  

-Texas Penal Code Section 21.11, Indecency with a Child, prohibits sexual contact with a child under 17 or exposing genitals to arouse or gratify sexual desire in the presence of a minor. This can be charged as indecency by contact or by exposure.  

-Texas Penal Code Section 21.02, For repeated offenses, continuous Sexual Abuse of a Young Child or Disabled Individual, applies when two or more acts of sexual abuse occur over a period of 30 days or more against a victim under 14.  

-Texas Penal Code Section 22.021, Aggravated Sexual Assault under Section 22.021 elevates the charge if the abuse involves additional factors like serious bodily injury, threats, or a victim under 14.  

These statutes underscore Texas’s commitment to safeguarding minors, but they also highlight the need for precise legal interpretation to avoid miscarriages of justice. 

Punishments Under Texas Law 

Facing charges for sexual abuse of a minor in Texas carries severe potential punishments, reflecting the state’s strict stance on these offenses. A conviction for Sexual Assault of a Child is typically a second-degree felony, punishable by two to 20 years in prison and fines up to $10,000.  

Indecency with a Child by contact is also a second-degree felony with similar penalties, while indecency by exposure is a third-degree felony, leading to two to 10 years imprisonment and fines up to $10,000. Continuous Sexual Abuse is a first-degree felony with a minimum of 25 years in prison, up to life without parole.  

Aggravated Sexual Assault, also a first-degree felony, can result in five to 99 years or life in prison, especially if the victim is under six or the act involves violence. Beyond these, mandatory sex offender registration for life often follows, restricting where one can live, work, or travel. 

Life Consequences Outside The Law 

The negative consequences of a conviction extend far beyond the courtroom, profoundly impacting every aspect of life. Jail time disrupts personal freedom, separating individuals from loved ones and daily routines for years or decades. In family life, a conviction can lead to loss of custody or visitation rights, straining relationships with children and spouses irreparably. Careers suffer immensely; many professions bar those with sex offense convictions, leading to job loss, difficulty finding employment, and professional licensing revocations.  

Financially, the burden is crushing, with legal fees, fines, and lost income piling up, often resulting in bankruptcy or long-term debt. The future dims as well, with lifelong stigma limiting housing options, community involvement, and even basic social interactions. Travel restrictions from sex offender status can prevent vacations or relocations, while the emotional toll of public scrutiny erodes mental health. These ripple effects underscore why mounting a strong defense with the help of an experienced criminal defense attorney is essential to mitigate or avoid such life-altering outcomes. 

Falsely Accused: Everyday Nightmares 

False accusations of sexual abuse are a growing problem in Texas courts.  As we’ve seen, the punishments, if convicted, are severe and can crush one’s entire life.  Because of this, any accusation of sexual abuse of a minor is taken seriously by law enforcement and prosecutors. This is where innocent people can get wrongly targeted and without a robust defense, wind up convicted of a crime they didn’t commit. 

The Texas justice system is far from perfect.  There are mistakes and oversights made every day.  Unfortunately, the consequences for someone wrongly accused of sexual abuse of a minor are life changing.  

Let’s look at some ways innocent people can get wrongly accused and forced to battle for their life:  

–Disgruntled student accuses teacher.  Inspired by recent headlines, a struggling student targets a teacher for revenge.  The teacher, who has only interacted professionally, suddenly faces charges based on a fabricated story, leading to immediate suspension and public humiliation before any trial.  As a minor, the student is protected by the law and remains anonymous.  Even if found innocent, the teachers reputation is forever tarnished while the student faces little or no repercussions for their false accusations. 

–Contentious divorce or child custody battle.  During a heated divorce, one spouse levels false allegations of sexual abuse against the other to gain an advantage in child custody proceedings. The accused parent, innocent but now under investigation, may lose access to their children during the investigation which can take several months.  During this time, the dishonest spouse will likely have full control over the children and can easily influence them.  With impressionable young children, this is a recipe for disaster and set the stage for parental alienation.  The innocent parent must not only fight to prove their innocence, but fight to regain the relationship lost during those trying months.  

–Meeting someone who lied about their age.  Dating apps are another potential minefield for false accusations of sexual abuse of a minor. It’s no surprise that social media and dating app use are widespread among people under 30.  Age verification is difficult and it’s common for people to lie about their age.  Meanwhile, a 23yo man connects with a female online and after several days of texts, calls, and flirtatious notes, they decide to meet in person for a date.  The 23yo man is unaware his new female love interest presented forged identification to appear over 18.  After several dates, the two are intimate.  A week later, the police show up at his door and he’s under arrest for unknowingly crossing into illegal territory through consensual acts. Despite no intent to harm and examining the female’s very convincing fake ID, the young man’s freedom and entire life hang in the balance. 

Skilled Lawyer = Less Stress On You 

Hiring an experienced sexual abuse of a minor defense attorney is a smart move to safeguard your rights, freedoms, and future. These cases are not the place for an inexperienced or new lawyer to cut their teeth.  Sexual assault of a minor cases demand a deep understanding of evidence rules, witness credibility, and negotiation tactics to challenge the prosecution’s narrative. An experienced defense attorney understands how to scrutinize police reports for inconsistencies, knows the best experts to analyze digital evidence or psychological factors, and can tactfully negotiate potential plea deals by reducing charges or avoiding conviction altogether.  

By acting swiftly, a skilled lawyer will work to preserve crucial evidence like surveillance footage or communications that could help prove innocence.  When it comes to sexual abuse cases involving minors, time is not on your side and the sooner a lawyer can get involved, the better the odds of a positive outcome. 

Facing charges of sexual abuse can cause immense stress and anxiety. Beyond legal guidance, a seasoned defense attorney can provide much needed reassurance in times of crisis.  Knowing a capable attorney has your back is priceless. 

Montgomery’s Trusted Defense Attorney  

There is no shortage of decent defense attorneys available to hire in Texas.  However, with so much on the line, why trust your life to a “decent” lawyer when the best counsel is within reach?  

For over two decades, clients facing sexual abuse charges have trusted attorney Andrea M. Kolski for her outstanding skill, tenacity, and determination towards the best possible outcome.  Andrea is a proven fighter and known as “a pitbull in the courtroom” for her relentless pursuit of the best outcome for her clients.   

Andrea’s respect among peers is evident as former president of the Montgomery County Criminal Defense Lawyers Association and her unique experience as a former Harris County prosecutor.  No one knows Texas criminal defense better than Andrea Kolski.  Fellow lawyers understand this and seek Andrea’s insights on many of their own challenging sexual abuse cases. 

Andrea’s track record of success speaks for itself and includes countless dismissals, reduced charges, and acquittals in sensitive sex offense cases over her 25 years of practice.  In Montgomery County, Andrea’s close ties to the legal community have earned her the respect of  judges, prosecutors, and law enforcement who acknowledge her abilities.  

It’s Your Future- Choose Wisely  

When it comes to choosing a defense attorney, the choice is yours.  Clients choose Andrea Kolski because she is considered one of the best in her field.  She offers the rare combination of  experience, skill, and compassion that few lawyers can claim.  

Andrea and the team at Nonstopjustice PLLC understand the gravity of sexual abuse of a minor accusations and will fight relentlessly to protect your rights.  They focus on you and your well being both during and long after this crisis has passed. 

If you or a loved one are facing sexual abuse of a minor charges, don’t despair.  We’ve helped people just like you reclaim their life, their reputation, and their future.  Relief is just a phone call away.  

Contact us today to schedule a consultation.