Houston Sex Crimes Attorney


A Few Words on Sex Crimes

Criminal Defense | Sex Crimes | Sexual Assault | Video Q & A

It’s important to fight sex crime allegations hand, tooth, and nail, or be labelled a sex offender for the rest of your life if you’re convicted of such a crime in the Texas criminal justice system.

In Houston, keep in mind that Harris County has a high concentration of sex offenders, there’s an utter disregard for the presumption of innocence when a person is accused of such a crime which is why its more important than ever to have suitable legal counsel in your corner.

Even accepting probation for a sex crime can have adverse affects on the defendant for a lifetime.

If you’re looking for a Houston criminal defense attorney to help you fight a sex crime charge, contact me. We may be able to beat the charge, get the judge to throw out the case, or get the prosecutor to dismiss the case depending on the evidence. Was the arrest lawful?

What Am I Facing If Charged With A Sex Crime?

Sex Crimes | Sexual Assault

Texas is known for its tough stance regarding sex crimes. Unlike in other states a person accused of a sex crime such as sexual assault or criminal solicitation of a minor in Texas often is highly likely to face several years in prison as well as long term registration as a sexual offender. Penalties of sex crimes are usually severe and consequences often cause irreparable damage to the offender”s reputation.

Sexual crimes in the Texas Penal Code include:

a) Sexual assault.  In Texas this refers to any sex crime that is committed to an individual who is considered a minor (under 17 years) as well as sex crimes committed against an adult without their consent. Sexual assault includes crimes such as rape and statutory rape.

b) Aggravated sexual assault. This category refers to a more serious crime than sexual assault; aggravated sexual assault usually involves minors under the age of 14.

c) Indecency with a child. Charges under this category are quite severe especially when they involve victims under the age of 17.Indecency with a child is divided into two specific crimes: Indecency with a child by exposure which is exposing without touching and indecency with a child by contact which involves touching. Both charges apply as long as a child younger than 17 years is involved and they include same or opposite sex. Both of these charges are felonies; however indecency with a child by contact is often regarded as more serious. In Texas touching under the clothes or over the clothes is irrelevant.

d) Child pornography. Child pornography charges often result in federal criminal trial although they may also result in state charges. Charges under this category include: Display, sale or distribution of harmful material to minor; Improper photography or visual recording and Sexual performance by a child.

In Texas sex offenders do not just simply serve their time, pay their debt to the society and move on with life like nothing happened. If you are convicted of a serious sex crime your name has to appear in the sex offender registration list together with your address and photo for the rest of your life. This means that you will face restrictions where you live and work .It may also mean that you can be held beyond the end of your sentence in civil commitment in certain circumstances. Sex offender registration requirements depend on the crime and can range from 10 years to life.

Convicts who are accused of sex offenses involving children are often perceived as a threat to society. This stigma follows them throughout their lives and often results in loss of reputation and friendships. At the same time sex offenders also face other consequences that apply to convicts of other crimes in Texas. These sanctions affect: The right to vote; Serving on a jury and Holding public office.

Sex offenders on parole are not allowed to be within 500 feet of any place where children are known to congregate; this is commonly referred to as a Child Safety Zone. Sex crime convicts who are placed on probation may be ordered by a judge to keep away from children.

If you or someone you know is in need of the services of a Texas Board Certified Sexual Assault Attorney call Madrid Law at 713-877-9400.

Consequences of a Conviction for a Sex Crime in Texas

Sex Crimes | Sexual Assault

An individual is deemed a sex offender if they have been convicted of a “sex crime”. There are a host of offenses which fall into this category. Some of these are inclusive of sexual assault, aggravated sexual assault, and indecency with a child.

All sex crimes are considered to be very severe and are awarded with harsh punishment in the State of Texas. Beyond the definite long prison term which will accompany a conviction, all sex offenders must face the rest of their lives registered in the public database as a sex offender.

Sexual assault involves any coerced or forced sexual activity upon another person. The general convictions for this particular area is for rape, or to a slightly lesser degree, touching or fondling of either a minor (an individual younger than 17 years) or an adult. Texas state law books have a whole chapter devoted to sexual assault. The offenses arise from causing the sexual organs of one person to have direct contact with the mouth, anus or sexual organs of another, whether through fondling or penetration.

Sexual assault is denoted as “aggravated” if force or violence is used in any of the following ways:

  • to inflict injury or attempt to take a life.
  • to induce fear in an individual by threatening to harm someone else
  • to threaten death, injury or a kidnapping.
  • to use or display a deadly weapon.
  • administers a drug to impair the judgement of the victim.
  • if the victim is either below 14 years old or is older than 65.

Punishment Range for Sex Cases

The punishments for sexual assault and aggravated sexual assault differ in the severity of sentencing. The former receives a considerably shorter sentence than the latter. For sexual assault one may face between 2 and 20 years. On the other hand, aggravated sexual assault can incur a sentence of 5 to 99 years or life in prison. If the crime involved a minor then the punishment will be much harsher.

Child molestation is the more common terminology for indecency with a child. There are two categories of this offense: Indecency with a Child by Contact and Indecency with a Child by Exposure. Be reminded that a child refers to a person 17 years of age or younger. Indecency with a Child by Contact is the more serious and involves touching the child’s private body parts (breast, anus, genitals) either directly or through their clothing. Indecency with a Child by Exposure involves the person exposing their body parts to a child or causing the child to expose their body parts. The intent of the two types of exposure must have been done to induce sexual gratification and can involve victims of the same or opposite sex.

Sex Offender Registration

Once a convicted sex offender has been released from state supervision (whether it be incarceration, community service or parole) in Texas they must submit to sex offender registration with the Texas Department of Public Safety.

Registration can be done for either 10 years for relatively minor offenses or for life for all other sex crimes. Information on the name and current address of the offender is posted on several public database for all residents to access

If you or someone you know is in need of the services of a Texas Board Certified Sexual Assault Attorney call Madrid Law at 713-877-9400.

Houston Area Man Sentenced to Life in Prison for Aggravated Sexual Assault of Child

Sexual Assault

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.

Aggravated Sexual Assault of a Child is a First Degree Felony which has a range of punishment of not less than 5 years and not more than 99 years or life in prison.

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.Aggravated Sexual Assault of a Child

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.

If you are in need of a Aggravated Sexual Assault Lawyer in Houston call Houston Aggravated Sexual Assault Attorney Mario Madrid at 713-877-9400.

Houston Sex Crimes Attorney Mario Madrid

Houston Area Man Charged With Sexual Assault

Sex Crimes | Sexual Assault

A Houston area man from Webster has been charged with Sexual Assault and accused of videotaping the event, according to this story. The incident allegedly occurred almost two years ago in August 2010.

The complainant, who was in a dating relationship with the defendant and was 17 years old at the time of the incident, did not tell anyone of the event until over a year later. She alleges that when she visited his apartment the defendant gave her alcohol and she drank so much that she did not recall the events in question.

However, when she woke the following day, the defendant showed her videos that showed him forcing her to perform sexual acts. In the video the complainant says that she saw herself incoherent, vomiting violently and urinating on herself. She says that she told the defendant no and told him to stop, informing him that he was hurting her. Nevertheless, he continued his alleged sexual assault.

Sexual Assault is a 2nd degree felony and carries a range of punishment of 2-20 years in prison. Additionally, lifetime registration as a sex offender is required for a sexual assault conviction.

If you or someone you know is need of a Houston Sexual Assault Lawyer, call Houston Sexual Assault Attorney Mario Madrid at 713-877-9400.

Sexual Assault Jury Recommended Probation Depends On Age of Victim

Sex Crimes | Sexual Assault

Sexual Assault is 2nd Degree Felony. The range of punishment is 2-20 years in the Texas Department of Corrections. Sexual Assault in Texas can be charged a number of different ways. The key to this offense as compared to Indecency with a Child is penetration is involved. The key difference to this and Aggravated Sexual Assault is the age of the victim and the force used to commit the act.Houston sexual assault criminal defense attorney

Aggravated Sexual as to a child accuses the actor of committing the act on a victim younger than 14 years of age, while Sexual Assault accuses the actor of committing the act against someone between the ages of 14-17.

Aggravated Sexual Assault force used or threatened is serious bodily injury or death while the force used or threatened for Sexual Assault is physical force or violence.

Sexual Assault is codified in the Texas Penal Code 22.011 and reads as follows:

(a) A person commits an offense if the person: (1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (

C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(c) In this section:

(1) “Child” means a person younger than 17 years of age who is not the spouse of the actor.

(2) “Spouse” means a person who is legally married to another.

(3) “Health care services provider” means:

(A) a physician licensed under Subtitle B, Title 3, Occupations Code;

(B) a chiropractor licensed under Chapter 201, Occupations Code;

(C) a physical therapist licensed under Chapter 453, Occupations Code;

(D) a physician assistant licensed under Chapter 204, Occupations Code; or

(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.

(4) “Mental health services provider” means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code;

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;

(C) licensed professional counselor as defined by Section 503.002, Occupations Code;

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or

(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(5) “Employee of a facility” means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(2) the victim:

(A) was a child of 14 years of age or older; and

(B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

If a Sexual Assault case ultimately goes to trial and the defendant is found guilty and the defendant chooses to go to the judge for punishment he will not be eligible for community supervision (what we commonly call probation) under the Texas Code of Criminal Procedure Section 42.12 3(g).

However, if the defendant is other wise eligible for community supervision the age of the victim will determine whether the defendant is in fact eligible for probation. A jury cannot recommend community supervision if the victim was under 14 years of age at the time the offense was committed.

If you or someone you know is need of the services of a Sexual Assault Attorney call Houston Sexual Assault Lawyer Mario Madrid at 713-877-9400.

Houston Teacher Charged With Sexual Assault of a Child

Sex Crimes

A Houston middle school teacher has been charged with Sexual Assault Of A Child according to this story. The teacher, who is a 28 year old woman allegedly had sexual intercourse with a 15 year old student at his house.

Sexual Assault Of A Child between the age of 14-17 is a Second Degree Felony. A Second Degree Felony has a range of punishment of between 2-20 years and a fine of up to $10,000. Additionally, lifetime sex offender registration is required if  a person is convicted or receives deferred adjudication for sexual assault.

The age of consent in Texas is seventeen years old. It would be immaterial as to guilt/innocence in this case if the fifteen year old boy willingly had sex with the teacher. Under the Texas law he cannot consent to have sex with the teacher. However, if he did willingly consent, it would certainly  have a bearing on the outcome of any possible punishment if a plea bargain is reached. 

This teacher like all accused is presumed innocent. However, although she does not appear to have any prior convictions, if she chooses to go to trial, a jury would not be permitted to consider probation if she were to be found guilty. She can receive deferred adjudication from a judge in a plea bargain  with the state.

Sexual Assault accusations can lead to serious punishment. If charged with a sex crime, it is imperative to have an attorney in your corner has experience fighting sex crimes. If you or someone you know has been charged with a sex crime, call a Sexual Assault Attorney, Texas Board Certified Attorney Mario Madrid at 713-877-9400.

HPD Backlog Of Rape Kits

Sex Crimes

According to a Houston Chronicle story, a memo by HPD Charles McClelland indicates that the Houston Police Department’s backlog of untested rape kits totals between 6,000 and 7,000 – 50 percent more than what officials previously acknowledged. The backlog is likely to grow as HPD receives over 900 rape kits a year and has the capability to test only between 360-480 rape kits a year.

The screening of rape kits is used to determine whether there is enough biological evidence for a sexual assault kit to be used for DNA testing. DNA testing at HPD’s crime lab was temporarily suspended in 2002, after an independent audit revealed shoddy forensic work, including unqualified personnel, lax protocols and facilities that included a roof that leaked rainwater onto evidence. Cutting down the rape kit backlog has been a challenge because of a lack of resources and personnel. 

Whether there is a resource or personnel issue it is important in order to achieve justice, that the test the kits are completed and they are done so properly. Tainted or untested evidence can lead to wrongful convictions. It is one thing to keep our streets safe, it is another to railroad an innocent person.

If you or someone you know is in need of a Houston Sexual Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Teacher’s Aide Charged With Sex Case

Sex Crimes

A teacher’s aide at C.E. King High School has been charged with Sexual Assault of a Child according to this story in the Houston Chronicle. The teacher’s aide, who is 31 years old allegedly had sexual intercourse with a 15 year old student on three occasions in 2009.

The student told a school counselor that the teacher’s aide would pick her up from behind the school and take her to his apartment to smoke marijuana and have sex. Bail is set at $30,000.

The age of consent in Texas is 17 years old. Therefore, whether the student voluntarily had sex is not an issue, as she cannot consent under the law. Sexual Assault of a Child between the ages of 14-17 is a Second Degree Felony and punishable by 2-20 years in prison. Also, lifetime registration as a sex offender is required.

If you or someone you know is in need of the services of a Houston Sexual Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Sex Offender Registration

Sex Crimes

A major consequence of a sexual offense conviction is that the defendant has to register with local law enforcement as a sex offender. The registration can be for life or for ten years depending on the conviction. The registration begans after the defendant is released from state supervision, whether that is probation, parole or prison.

Lifetime registration is required for the following offenses:

1. Sexually Violent Offense.

  • Indecency with a Child by Contact (Section 21.11(a)(1), Penal Code);
  • Sexual Assault (Section 22.011, Penal Code);
  • Aggravated Sexual Assault (Section 22.021, Penal Code);
  • Sexual Performance by a Child (Section 43.25, Penal Code);
  • Aggravated Kidnapping, if committed with the intent to violate or abuse the victim sexually (Section 20.04(a)(4), Penal Code);
  • Burglary (Section 30.02, Penal Code) if the premises burglarized was a habitation and the offense was committed with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping with sexual intent; and
  • an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.

2. Prohibited Sexual Conduct (Incest) (Section 25.02, Penal Code);

3. Compelling Prostitution of a Minor (Section 43.05(a)(2), Penal Code);

4. Possession or Promotion of Child Pornography (Section 43.26, Penal Code);

5. Indecency with a Child by Exposure (Section 21.11(a)(2), Penal Code), if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and

6. Unlawful Restraint (Section 20.02, Penal Code), Kidnapping (Section 20.03, Penal Code), or Aggravated Kidnapping (Section 20.04, Penal Code) or an attempt, conspiracy, or solicitation to commit one of these offenses if the judgment in the case contains an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration.

Adult sex offenders will register for 10 years following discharge from state supervision for any offense that does not require lifetime registration (i.e. attempted sexual assault and second indecent exposure).

Juvenile sex offenders, those who register on the basis of an adjudication of delinquent conduct, register until the 10th anniversary of the date on which the disposition in their case was made or the juvenile completes the terms of the disposition, whichever date is later.

The penalties for any sexual offense are severe. If you or someone you love is in need of the services of a Houston Sexual Assault Attorney call Texas Board Certified Houston criminal defense attorney Mario Madrid at 713-877-9400.

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