A Texas City man was convicted of Aggravated Sexual Assault of a Child and sentenced to life in prison by a Galveston County jury according to this story. The victim was just three years old when the abuse began.
The accusation of the sexual assault of a child alleged that the sexual assault began when the complaining witness was 3 years old. The abuse began in 2007 in Texas City and ended in 2010 with defendant’s arrest. The girl testified that the defendant would attack her when her mother was grocery shopping or at work.
Sexual Assault of a Child becomes aggravated if the child is less than 14 years old. The charge of Super Aggravated Sexual Assault a Child applies if the child is younger than 6 years of age. The range of punishment for Super Aggravated Sexual Assault of a Child is 25 to 99 years or life in prison, and there is no provision for early release from confinement.
In a case with these facts the charge of Continuous Sexual Abuse may apply. Continuous Sexual Abuse involves repeated (two or more) acts of sexual abuse against a child under age 14 over a period of at least 30 days. Acts of sexual abuse include commission of any of these offenses:
- indecency with a child (by contact with genitals or anus but not breast);
- sexual assault;
- aggravated sexual assault;
- aggravated kidnapping with intent to violate or abuse the victim sexually;
- burglary of a habitation with intent to commit a sexual offense; or
- sexual performance by a child.
The punishment range for this offense, Penal Code §21.02, is 25 to 99 years or life in prison. Life Super Aggravated Sexual Assault of a Child there is no provision for early release from the sentence. Also, a subsequent conviction is punished by life in prison without parole.