An Austin sexual assault defense attorney defends people accused of sexual contact or penetration involving a person under 17. Under Texas Penal Code § 22.011, this is a second-degree felony carrying 2 to 20 years in prison and mandatory sex offender registration. Consent is not a defense when the alleged victim is a child.
At the Law Office of Jorge Vela, a former federal and state prosecutor who prosecuted child sex crimes from the other side leads the defense across Travis, Williamson, and Hays Counties. Call (512) 537-1237 for a confidential consultation. Available 24/7. Se habla español.
What Is Sexual Assault of a Child Under Texas Law?
Texas Penal Code § 22.011(a)(2) makes it a felony for any person to engage in sexual contact or penetration with someone younger than 17. The charge covers conduct commonly called child molestation or statutory rape, though Texas law uses neither term. The charge appears on court paperwork as “SEXUAL ASSAULT CHILD,” and many defendants don’t realize until after arrest that the allegation automatically carries felony treatment and lifetime registration obligations.
What Counts as a “Child” Under Texas Sexual Assault Law?
A “child” under § 22.011 is any person younger than 17 at the time of the alleged conduct. There is no minimum age threshold. The defendant’s belief about the child’s age is not a defense; the law imposes strict liability on the age element, meaning the prosecution does not have to prove the accused knew the child was underage.
Is Sexual Assault of a Child the Same as Statutory Rape?
The offense other states call statutory rape is prosecuted in Texas as sexual assault of a child under § 22.011. Texas sets the age of consent at 17, which is higher than many other states. If someone has told you that you’re facing a “statutory rape” charge in Texas, the formal charge is sexual assault of a child.
Why Trust the Law Office of Jorge Vela for Your Sexual Assault of a Child Defense
Child sex crime charges carry a stigma that follows the accusation as much as the conviction. The person you hire needs to understand how these cases are built and where the evidence breaks down.
Attorney Jorge Vela spent seven years as a prosecutor before opening his defense practice in 2018. As an Assistant United States Attorney in the Southern District of Texas, he personally prosecuted online solicitation of a minor and child pornography cases. He tried sexual assault cases to juries as an ADA in Travis County and Webb County. Both sides of the courtroom. That experience shapes every defense he builds.
The firm is intentionally small. Clients work directly with Jorge or partner attorney Miguel Aguilera. Every consultation is confidential. The firm is a member of TCDLA and NACDL. Available 24/7 at (512) 537-1237. Se habla español.
Why Hire a Former Prosecutor for a Child Sex Crime Charge?
The prosecution’s case in a child sexual assault charge typically rests on a small number of evidence categories: the outcry-witness statement, the forensic interview conducted at a Children’s Advocacy Center, the SANE exam, and whatever physical or digital evidence was collected. A former prosecutor has built cases around those categories and knows what makes each one persuasive to a jury and what makes each one vulnerable.
Related Child Sex Crime Charges in Texas
Texas law defines several distinct child sex offenses. The charge on your paperwork determines the felony grade and prison range, and it shapes the entire defense strategy.
Charge | Statute | Grade | Prison Range |
Sexual Assault of a Child | § 22.011 | 2nd-degree felony | 2–20 years |
Indecency with a Child (contact) | § 21.11(a) | 2nd-degree felony | 2–20 years |
Indecency with a Child (exposure) | § 21.11(c) | 3rd-degree felony | 2–10 years |
Aggravated Sexual Assault of a Child | § 22.021 | 1st-degree felony | 5–99 years / life |
Continuous Sexual Abuse of a Young Child | § 21.02 | 1st-degree felony | 25 years–life |
Your criminal defense attorney’s first job is to confirm which statute you’re charged under and whether the facts support that charge or a lesser one.
What Is the Difference Between Indecency with a Child and Sexual Assault of a Child?
Indecency under § 21.11 covers sexual contact or exposure that does not involve penetration. Sexual assault under § 22.011 requires penetration or specific sexual contact as defined by the statute. Both are felonies requiring registration, but the elements the prosecution must prove are different. In some cases, the facts support a reduction from sexual assault to indecency, which changes the sentencing exposure.
What Is Continuous Sexual Abuse of a Young Child in Texas?
Continuous sexual abuse under § 21.02 applies when two or more acts of sexual abuse occur over 30 or more days against a child younger than 14. It carries a mandatory minimum of 25 years with no parole eligibility until the full term is served.
Penalties for Sexual Assault of a Child in Texas
Every conviction for sexual assault of a child under § 22.011 or its related statutes is a felony. The penalty depends on the specific offense and the age of the alleged victim.
Offense | Grade | Prison Range | Fine |
Sexual Assault of a Child (§ 22.011) | 2nd-degree felony | 2–20 years | Up to $10,000 |
Aggravated SA of a Child (§ 22.021) | 1st-degree felony | 5–99 years / life | Up to $10,000 |
Super-aggravated (victim under 6 or under 14 + factors) | 1st-degree felony | 25 years–life | Up to $10,000 |
The collateral consequences extend beyond the prison sentence. Registration, housing restrictions, employment limitations, and loss of contact with your own children can follow you for life.
What Is the Sentence for Sexual Assault of a Child in Texas?
The base offense carries 2 to 20 years. Probation is technically available for a second-degree felony but is rarely imposed in child sex cases. If granted, it typically includes intensive sex offender treatment, GPS monitoring, strict internet restrictions, and full compliance with registration requirements.
Do You Have to Register as a Sex Offender for Sexual Assault of a Child?
Yes. A conviction requires lifetime registration under Texas Code of Criminal Procedure Chapter 62. Your name, photograph, address, and offense appear on the Texas Department of Public Safety’s public registry. Registration restricts where you can live, work, and travel, limits professional licensing, and can restrict contact with your own children.
What Is the Statute of Limitations for Sexual Assault of a Child in Texas?
There is none. Under Texas Code of Criminal Procedure Article 12.01, charges can be filed at any point regardless of how many years have passed. Cases involving allegations from decades ago are regularly prosecuted in Travis County. Anyone accused of this offense should take the allegation seriously from the moment it surfaces.
How We Defend Against Sexual Assault of a Child Charges in Austin
The prosecution must prove every element beyond a reasonable doubt. Many child sex cases rest primarily on testimony rather than physical evidence, and that creates real defense opportunities. Inconsistent testimony, weak forensic evidence, and allegations driven by custody disputes or retaliation all give the defense room to work.
Common defense strategies include:
- False allegations from custody disputes, divorce proceedings, or retaliation. Parents falsely accused during contested family proceedings represent a significant share of these cases
- Mistaken identity supported by alibi evidence, DNA exclusion, or witness misidentification
- The age-gap affirmative defense under § 22.011(e), applying when the accused is within three years of the child’s age and the child is 14 or older
- Forensic challenges targeting SANE exam reliability, DNA handling, suggestibility in child forensic interviews, and outcry-witness inconsistencies
- Constitutional violations including unlawful searches, Miranda violations, and coerced statements
Early attorney involvement before indictment can result in grand jury no-bills or charge reductions before the case gains public visibility.
Can Sexual Assault of a Child Charges Be Dropped or Dismissed?
Yes. The complainant cannot unilaterally “drop charges.” Only the prosecutor can dismiss. Charges can be dismissed when the evidence fails to meet the prosecution’s burden, when constitutional violations taint the investigation, or when the grand jury declines to indict. Cases that proceed to trial can result in acquittal. An attorney involved during the investigation phase can present evidence that prevents an indictment from being returned.
Is the Consent Defense Available in a Child Sexual Assault Case?
No. A person under 17 cannot legally consent under Texas law. The only age-related affirmative defense is § 22.011(e), sometimes called the “Romeo and Juliet” defense: the accused was not more than three years older, the child was 14 or older, the conduct was consensual, and the accused had no prior sex offense.
What to Do If You’ve Been Accused or Are Under Investigation
The first 48 hours after an accusation are critical. Do not speak to police or investigators without an attorney. Do not contact the alleged victim or their family. Do not post on social media or discuss the situation with anyone. Do not delete text messages, emails, or any digital content.
Preserve everything. Screenshots, call logs, location data, and messages that establish your whereabouts can become the backbone of your defense. Call an attorney before you do anything else. If you’ve already been arrested, a jail release attorney can get you out while the defense takes shape.
Should I Talk to Police if I’m Being Investigated for Sexual Assault of a Child?
No. You have the right to remain silent. Anything you say can be used against you. Tell the officers you want to speak with your attorney before answering questions.
Federal Charges and Immigration Consequences
Some child sex offenses carry federal exposure. Online solicitation of a minor, child pornography, and any sexual offense involving interstate conduct can be prosecuted in federal court. Jorge Vela prosecuted these cases as an AUSA before becoming a federal criminal defense attorney and understands how federal investigators build child exploitation cases from the inside.
A conviction for sexual assault of a child is classified as an aggravated felony under federal immigration law. That classification triggers mandatory deportation, permanent inadmissibility, and the loss of all discretionary relief. This applies to lawful permanent residents and visa holders. If you are not a U.S. citizen, disclose your immigration status at the first meeting. The firm handles both criminal defense and Austin criminal immigration defense.
Can a Sexual Assault of a Child Conviction Lead to Deportation?
Yes. The aggravated felony classification applies regardless of how long you’ve lived in the United States or whether you hold a green card. An attorney who handles both criminal defense and immigration law can structure the defense to account for these consequences from the start.
Sexual Assault of a Child Cases in Travis, Williamson and Hays Counties
Cases in the Austin area are prosecuted by the Travis County District Attorney’s Office and heard at the Travis County Courthouse, 1000 Guadalupe St, Austin, TX 78701.
Jorge has practiced in these courts on both sides and knows how local prosecutors evaluate child sex cases and approach plea negotiations in this category. The firm also handles cases in Williamson County (Georgetown), Hays County (San Marcos), Bastrop County, Caldwell County, Burnet County, and Llano County.
Where Are Sexual Assault of a Child Cases Prosecuted in the Austin Area?
Felony cases in Austin go through the Travis County District Attorney. Cases in Round Rock, Cedar Park, or Georgetown go through Williamson County. Cases in San Marcos or Kyle go through Hays County.
Frequently Asked Questions
How Hard Is It to Win a Child Sexual Assault Case?
Every case turns on its own facts, and the prosecution carries a high burden. The absence of physical evidence in many of these cases gives the defense real ground to work with. Testimony can be challenged through inconsistencies, motive to fabricate, and forensic analysis of the interview process.
How Much Does a Sexual Assault Defense Lawyer Cost?
Fees depend on the complexity of the case, the stage of the proceedings, and whether the case goes to trial. The Law Office of Jorge Vela offers a free, confidential initial consultation and discusses fees at the first meeting.
What Is the Process of a Sexual Assault of a Child Case?
A case typically begins with a report to police or CPS, followed by forensic interviews, a possible SANE exam, and evidence collection. If sufficient, the case goes to a grand jury, then indictment, arraignment, discovery, pretrial motions, and plea negotiation or trial.
Can Sexual Assault of a Child Charges Be Expunged in Texas?
A conviction cannot be expunged. If charges are dismissed or you are acquitted, you may be eligible for expunction of the arrest record. Deferred adjudication is rarely available for child sex offenses, and even when granted, the registration requirement may still apply.
Contact an Austin Sexual Assault of a Child Defense Attorney at the Law Office of Jorge Vela
A sexual assault of a child charge puts your freedom and your family at risk, and the consequences reach into every part of your life. You are presumed innocent, and the right defense can determine whether this ends in a conviction or a dismissal.
Jorge Vela has stood on both sides of child sex crime cases. He knows the weak points in the State’s case, and he builds your defense around them from day one.
Every consultation is free and confidential. We don’t judge. We defend.
Call (512) 537-1237 today. We’re available 24/7. Se habla español. You can also contact our office online or visit us at 818A W 10th St, Austin, TX 78701.
