Posts Tagged ‘Statutory rape’


Houston Sexual Assault Lawyer | Harris County Sex Crimes Attorney James Sullivan Fights for his Clients

Tuesday, August 27th, 2013

Houston Sexual Assault of a Child Lawyers

Harris County Sex Crimes Defense Attorneys

In Texas, Statutory Rape is charged as Sexual Assault of a Child, a serious felony offense. If convicted as an adult, the defendant is required to register as a sex offender for life. If the alleged child victim is between 14 to 16 years of age, the crime is a second degree felony and punishable by 2 to 20 years in prison for each count in the indictment. If the alleged child victim is under 14 years of age, the crime is a first degree felony and punishable by 5 to 99 years in prison for each count in the indictment.

Under Investigation?  Contact Houston Sexual Assault Defense Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

These cases seem to be more and more common. A 23 year old male name “John” goes to a friend’s house party and meets an attractive, willing woman who says she is 18 years of age. They have consensual sex in one of the bedrooms. Several days later, he learns that she is really 14 years of age and that her mother found out about it and called the police.

John now faces serious sex offense charges. There are several important legal issues to consider:

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.
  • The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

Experienced Houston Sex Crimes Defense Attorneys

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

James Sullivan and Associates are Harris County Criminal Defense Attorneys with over 45 combined years of defense experience.  James Sullivan is also board certified in Juvenile Law by the Texas Board of Legal Specialization.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.  You can call James Sullivan and Associates right now at (281) 546-6428 for a free confidential consultation.

Houston Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level

Why Fight a Felony Case at the Grand Jury Level?

Houston Sex Crimes Defense Attorney James Sullivan has been very successful in getting Sexual Assault of a Child cases No Billed (dismissed) by the Grand Jury.  In just the past few years, Sullivan has fought these cases and prevailed in five such cases in Harris County as detailed below.  When a case is No Billed by the Grand Jury, the accused has the right to immediately seek an expunction of his criminal record.  Because prosecutors generally seek to present the case to the Grand Jury between the first and setting court setting, it is extremely important to hire a defense attorney right away.  Unless a defense attorney requests that the prosecutor hold the felony case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury.

Once an accused is indicted, this option is no longer available.  If found guilty by a jury or if placed on deferred adjudication probation for this type of offense, the accused would be required to register as a sex offender for life.  Time is of the essence in retaining a knowledgeable Houston sexual assault defense attorney.

IMG_2934BJames Sullivan and Associates | Houston Texas Sex Crimes Defense Attorney

James Sullivan graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.
CRIMINAL OFFENSERESULTCASE #
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18)1332791
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1283460
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1264919
SEXUAL ASSAULT OF A CHILD (2° Felony)DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative)1220515
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1231727

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your sexual assault charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

Tennessee Code Annotated

Monday, August 29th, 2011

Houston criminal attorneyImage via WikipediaSex crimes within the state of Tn are codified within Title 39, Chapter 13 from the Tennessee Code Annotated. These crimes range from rape, aggravated rape, lovemaking battery, statutory rape, solicitation of the minor, and patronizing prostitution. Perhaps the the majority of serious consequence to be convicted of the Tennessee Sex Criminal offense is having to take the sex culprit registry list. Below Tennessee law, anyone classified as whether “sex offender” or even “violent sex offender” should register. The difference between your two is in the kind of crime. A sex culprit can be those who have committed crimes for example sexual battery, certain kinds of statutory rape, irritated prostitution, sexual exploitation of the minor, and other people. Violent sex offenders, since the name implies, are for much more violent crimes for example aggravated rape, rape, as well as aggravated sexual electric battery.

Both violent as well as non-violent sex offenders should register upon being convicted of the Tennessee sex criminal offense. Registration is usually done in a local law enforcement workplace. Violent offenders must report personally during the several weeks of March, 06, September and Dec. Non-violent sexual offenders must report personally annually between 7 days before and 7 days after their birthday celebration. All offenders must report personally within 48 several hours of changing their own residence, job, or even school.

Violent offenders must stick to the registry for a lifetime. Non-violent offenders might petition for removal after 10 years from the end of the sentence, whether the actual sentence was probation or even prison time. If the Tn Bureau of Investigation determines how the applicant is not convicted of any extra sex offenses and it has substantially complied using the requirements of enrollment, it will take away the offender from the actual registry.

One exception towards the ten-year rule is in which the offender is positioned on judicial diversion. Diversion may be the process of using a criminal charged dismissed and taken off the defendant’s report upon completing probation. Diversion is really a special procedure and it is not available to any or all defendants or for those charges. However, particular sex offenses within Tennessee are diversion qualified, and for individuals offenses the offender might be immediately removed in the registry upon expungement from the charge. For example, both sexual electric battery and statutory rape tend to be diversion eligible intercourse crimes in Tn. Both are Course E felonies punishable in one to six many years. If the accused is sentenced to 1 year and is actually granted diversion, at the conclusion of the year they might have the charge taken off their criminal record as well as may request to become taken off the actual sex offender registry.

This isn’t the case along with most sex offences in Tennessee, nevertheless. Most sex crimes can’t be removed from the actual individual’s record via diversion, and will need either lifetime or a minimum of ten-year registration.

Offenders may think it is hard to obtain a job or a place to reside. Under the regulation in Tennessee, registrants whose victim was a small cannot live, work or go through sex offender remedy within 1000 feet of the school, day treatment center, public recreation area, recreation center or even athletic field. Just about all offenders, whether violent or even non-violent and whatever the victim’s age, should stay off college property, day treatment centers, public parks as well as recreation facilities once the offender has reason to think children under 18 can be found. In other phrases sex offenders can’t even navigate to the park.

IN HARRIS AND FT BEND COUNTY, 15 WILL GET YOU 20!

Sunday, August 14th, 2011

Sexuality and gender identity-based cultures                              Image via Wikipedia

Whenever we discuss rape generally, exactly what will be the very first thing which adopts your own thoughts? Personally, rape is really a powerful behave carried out with regard to sexual satisfaction for that criminal. Even though rape laws and regulations vary from 1 condition towards the additional, rape instances continue to be extremely protected instances due to the results it might provide towards the target. You will find situations where the actual target is actually higher along with unlawful medicines, or even alcoholic beverages to enable them to no more battle for that intercourse once they carry out the actual behave. Rape is really a serious concern that requires correct lawyer.

There are many types of rape, plus they consist of bunch rape, day rape, spousal rape, rape associated with kids, jail rape, battle rape, rape through deceptiveness, as well as statutory rape. In the following paragraphs, all of us may concentrate much more upon statutory rape. With this respect, exactly what will it imply? Could it be regarded as a significant criminal offense in the usa? What’s statutory rape to begin with?
Statutory rape or even lovemaking attack upon small is definitely an behave where the actual target isn’t underneath the lawful grow older as well as permission for that lovemaking behave. In certain says, no matter the permission in the target however they tend to be below or even beneath age permission, statutory rape may be submitted towards your partner. Within USA, the actual therefore known as “age associated with consent” differs through condition to convey however more often than not it’s in between age sixteen in order to eighteen. You will find situations where the actual behave is actually consensual, and also the target didn’t point out age towards the accused producing all of them unacquainted with the actual grow older, nevertheless, this isn’t a reason. The actual accused it’s still created responsible for the situation.
It is very irritating simply because increasingly more instances associated with statutory rape have become widespread in the current culture. For just about any clarification concerning the situation as well as feasible protection, the felony protection lawyer might help all of us. Such as all of us stated, what the law states which governs this particular situation varies in one condition to a different.
The only real reasons where the actual accused might have the lawful protection once they tend to be in Texas is actually once they may convince the actual courtroom that they’re a minimum of three years more youthful compared to companion, or even when the accused may be the spouse from the target. In certain says, how the protection would be to convince everybody within the courtroom how the accused isn’t responsible from the criminal offense. With this respect, a powerful protection or perhaps a reputable is really a should.