For Americans living in many cities across the country, June is a time for gloomy and rainy weather. It’s also a time when the court systems are in full swing, with few holidays and weather issues to halt operations. Many a client can find themselves arrested for past allegations during this time of year while the detectives and prosecutors catch up on unfiled cases. One of the gloomiest cases a person can face, is an accusation of sexual assault. It’s a scary prosecution to face, and a position that no one wants to ever find themselves – or a loved one – in. How do you face these cases and come away intact? Let us dive in.
Sex crimes in Texas constitute a large and encompassing species of crime. Sexually based offenses can range from the Class A misdemeanor charge of “Indecent Assault” (which usually involves inappropriate and unwanted groping by one adult to another adult) all the way to the first degree offense of Continuous Sexual Abuse of a Child (which carries a penalty range of 25 years to life in the Texas Department of Corrections) – and many charges in between. One of the most common types of charges is “Indecency with a Child,” either by “contact” or “exposure.”
Section 21.11 of the Texas Penal Code defines Indecency with a Child as “an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or (B) causes the child to expose the child’s anus or any part of the child’s genitals.” Indecency by exposure is less serious than Indecency by contact, and accordingly, carries a different penalty range. Exposure is a third-degree felony, while contact is a second-degree felony. The parole laws for these two different charges also differ drastically.
Let me tell you about an Indecency by contact case I represented a client on once. I had a client who was divorced. When he had custody days with his son he spent most of the weekend working on what he saw as major behavioral issues with his son. His ex-wife had remarried and didn’t spend much time disciplining their son or correcting his behavior. One day, his son was walking around his house with his pants pulled down imitating the style of one of his favorite rappers. Fed up with this new fashion sense, my client came from behind his son and pulled his pants up to his waist line. He then told his son he was grounded for the remainder of the weekend and could forget about going to that concert with his similarly-dressed friends. On arriving back at his mother’s house, my client’s son was so enraged at his father, he concocted a story that he told his mother about his father coming from behind him and putting his finger in the boy’s anus. Even though she doubted the story, the mother thought it was her duty to drive the boy to the police station to file a report. A couple of weeks later, my client was arrested and charged with indecency with a child by contact – he faced a second-degree felony and the possibility of lifetime sex offender registration.
When my client’s son realized the potential danger he had put his father in, he quickly recanted his story – but the wheels of the justice system were already in motion. It was June and the detective and prosecutor quickly filed and indicted the case. My office moved quick. I immediately secured an affidavit from the son, explaining that he had made the story up out of anger towards his father’s punishment of him. I presented the affidavit and the version of the events to the prosecutor. While it took some time, we eventually secured a dismissal on the case. My client was relieved, and fully understood how much liability he was facing – or no longer facing. I think my client’s son learned a valuable lesson about lies and storytelling as well. At Hindieh Law, we dig in to our clients’ cases deep to bring out the best outcome for the client. This case happened to bring an excellent outcome. Call us today for a consult should you need it.
