San Antonio and South Texas Area Attorneys -- Indecency with a Child
Under the law in Texas, any sexual contact with a minor under the age of 17 is considered the criminal offense of indecency with a child. However, this sexual contact must occur with the intent to arouse or gratify one's sexual desire. Many times these charges stem from a misunderstanding or even a completely false allegation. The accused may have acted in a way that was misconstrued by the child as "sexual contact," or a touch was accidental and certainly without the requisite intent.
If you are facing such allegations, do not talk to law enforcement!
Do not think that by talking to prosecutors or law enforcement they will cut you a deal or be open to your view or be inclined to not pursue the matter. If they want to talk to you, odds are high that the decision to prosecute you has already been made. You have important rights such as the right to remain silent and immediately talk to an attorney, and you should exercise them. The jury will never know you exercised your rights and thus will not hold it against you. Immediately obtain experienced legal counsel to defend you against indecency with a child allegations.
Ray Taylor: A San Antonio and South Texas Area Defense Attorney Second to None in Experience
Very few attorneys in Texas have the experience and credentials of attorney Ray Taylor. His criminal trial experience of 40 years is second to none in the San Antonio Central Texas area. Not only has he written a book on defending sex offenders (Representing Sex Offenders, Volume 34 in the "Model Trial Series"), he is one of the less than 1% of Texas Lawyers Board Certified by the Texas Board of Legal Specialization in Criminal Law. He is also one of only 36 lawyers (out of 87,000) in Texas to be Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy.
At our San Antonio law firm, the Law Offices of Ray Taylor & Associates, P.C., attorney Ray Taylor is able to handle the most difficult indecency with a child cases. He knows that thorough preparation, vigorous investigation and a willingness to go to trial are the keys to a successful defense in any sex crimes case.
Contact Ray Taylor at (210) 807-9916 to arrange a free initial in-office consultation and case analysis. Remember, the key to successful representation is the earliest possible intervention. Ask for an experienced San Antonio attorney immediately and then remain silent. Do not talk to Child Protective Services.
Defenses Against Indecency With a Child
Charges of indecency with a child can be a second-degree (2 to 20 years) or third-degree (2 to 10 years) felony. If convicted, you face years in prison and a lifetime as a registered sex offender.
Fortunately, there is an affirmative defense available under the Texas Penal Code against these charges. Some of the defenses are:
- The actor was not more than five years older than the victim and of the opposite sex;
- The actor did not use duress, force or threats at the time of the offense; and
- The actor was not a registered sex offender
The sad truth is that the unsupported word of a child as young as four years old can result in a lengthy and brutal imprisonment.
THE KEY TO SUCCESSFUL REPRESENTATION IS THE EARLIEST POSSIBLE REPRESENTATION!
Preparation for victory starts with a thorough conference (at no charge) with the soon to be accused, and before the Child Protective Services or police can interview the suspect.
All interviewers include a "cast of characters" of the principle parties and the various interrelationships and each relationship with the child.
A detailed chronology is often most helpful, as children even well into their teens do not have a good concept of time and what can be accomplished in a given period. This is often a significant and glaring weak point in the prosecution's case.
If possible very prompt interviews with the parents or other relatives of the child and the child should be done by a licensed private investigator. Child Protective Services and the police will tell all witnesses to not talk to the defense team, although it is improper to do so.
A very favorable version of the facts can often be had early on, perhaps even statements that the child is not being truthful. A good investigator can often get enormously favorable evidence that the defense lawyer does not even know exists.
This must be done promptly, because Child Protective Services, the police, and often the assistant district attorney prosecuting the case will seek to limit defense discovery, and often go so far as to threaten parents with loss of custody of their children if the child's story is not wholeheartedly supported.
A case study - Indecency with a Child and Indecency with a Student
The teacher was a well respected and well liked student athlete now teaching in a high school in south Texas.
He was accused of touching the private parts of a female student after school at the school tennis courts on an evening after classes.
The importance of a minute by minute chronology and a detailed cast of characters became apparent at the first meeting of Mr. Taylor and the accused teacher.
Fortunately, the teacher retained Mr. Taylor at that first meeting.
The first step was a print out of her profile in a social networking site of the complainant. Surprisingly, her site showed a picture of her looking up adoringly at a larger photo of the defendant, quoting her as using the teacher's firs name, and commenting "the coolest teacher ever".
Fortunately, the print out was done immediately, as a few days later, the photo and caption vanished from the site.
Later, at trial, she denied the photo and caption ever existed, only to be confronted with it while on the stand.
The defense, which took six hard weeks of investigation and preparation, centered on her romantic crush on the teacher and his spurning of her inappropriate advances, thus proving her motive for the false allegation.
Two other students at the tennis courts testified they were present the entire evening the teacher was there, except for a one minute break whey then went into the gym to use the restrooms. They came rushing out unexpectedly, having been frightened by the growling of the ice maker.
The coach reassured the two, and they went back to use the restrooms for about two minutes, then returned to the tennis court.
Neither time did they witness any impropriety.
The complainant agreed with the two young students that she was standing next to the water cooler when the alleged attack took place.
A video reproduction of the alleged episode clearly demonstrated the coach could not have run across the courts, where he was gathering tennis balls, jumped the nets, passed through the gates, assaulted the girl, and returned to his location at the other end of the tennis court to collect balls in the time allowed.
It became clear early on that the teacher was innocent, but the prosecution persisted for eight days, trying to put a case together. The verdict was "not guilty" after 40 minutes of deliberation.
Such is the attitude of most of the people who prosecute child molestation cases. To them, absolute innocence is not a defense.
Other related charges include statutory rape, indecent exposure and child sexual assault.
Contact Us: San Antonio and South Texas Area Sexual Contact With a Child Defense Lawyers
If you are facing indecency with a child or child sexual assault charges, contact an experienced Bexar County sexual contact with a child defense lawyer with the knowledge and resources to build a strong defense. Call the San Antonio, Texas, Law Offices of Ray Taylor & Associates, P.C., at (210) 807-9916 to schedule a free initial in-office consultation and case analysis.