Sexual assault is one of the most serious crimes a person can be charged with. Even the mere accusation of sexual assault can have a significant impact on a person’s life. Allegations can affect employment, family relationships, housing opportunities, and a person’s reputation long before a case reaches trial.
When the alleged victim is a child, the legal process often involves law enforcement agencies, prosecutors, medical professionals, forensic interviewers, and the courts. These cases are often complex, and they can take months or even years to resolve.
Understanding the general process can help individuals and families know what to expect. While every case is different, most sexual assault of a child cases in Texas follow a similar path from the initial report through the resolution of the case.
The Initial Report and Outcry
The first event in many sexual assault of a child cases is the outcry. Under Texas law, an outcry is a statement made by a child describing alleged abuse. The person who first receives that disclosure can play an important role in the case. The outcry witness is generally the first person over the age of 18 to whom a child makes a statement about abuse. That person may be a parent, grandparent, teacher, school counselor, family friend, coach, healthcare provider, or another trusted adult.
Outcry testimony can become important because Texas law includes a special rule that allows certain statements by a child to be admitted into evidence. In many situations, statements made outside the courtroom are excluded as hearsay. Hearsay generally means an out-of-court statement offered to prove the truth of what was said. In some child abuse cases, however, the court may allow qualifying outcry statements under a statutory exception.
The Investigation Phase
After the outcry, the police are typically called. The investigation may involve local law enforcement agencies, child protective authorities, prosecutors, and Child Advocacy Centers. A Child Advocacy Center is a facility that helps coordinate investigations involving allegations of child abuse while reducing the number of times a child must be interviewed.
The police will interview available witnesses and begin gathering evidence. Depending on the allegations, investigators may gather witness statements, review text messages and social media communications, examine photographs or electronic devices, obtain medical records, and collect any physical evidence that might be relevant to the case.
Investigators will also review timelines, locations, and other information that could either support or contradict the allegations. The length of an investigation varies. Some cases move quickly, while others remain under investigation for months before authorities decide whether criminal charges should be filed.
Medical Examinations and Evidence Collection
In some cases, a child may undergo a medical examination performed by healthcare professionals who have training in evaluating possible abuse. If biological evidence is collected, it may be sent to a laboratory for forensic testing. Depending on the circumstances, this testing may include DNA analysis. The purpose of the examination is not only to collect evidence. Medical providers also evaluate the child’s physical and emotional well-being and determine whether any treatment or follow-up care is needed.
Not every case involves physical evidence. The absence of physical findings does not automatically determine whether or not charges will be filed. Investigators and prosecutors often consider many different types of evidence when evaluating a case.
The Forensic Interview
The child may then be referred for a forensic interview with a professional specially trained to speak with children who have made allegations of abuse. A forensic interview is a structured conversation designed to gather information from a child in a neutral and age-appropriate way. The interviewer follows established protocols intended to reduce suggestive questioning and improve the reliability of the information collected.
The interview is often video recorded and may become an important part of the evidence in the case. The recording may later be reviewed by investigators, prosecutors, defense attorneys, and expert witnesses. The information obtained during the interview can affect decisions about charges, plea negotiations, and trial preparation.
Contact With the Accused
During the investigation, law enforcement may seek to speak with the person accused of the offense. In some cases, officers request a voluntary interview. In others, investigators may continue gathering evidence before making contact.
Statements made by the accused can become evidence in the case. Because these investigations can carry serious consequences, many people choose to speak with a criminal defense attorney before answering questions or agreeing to an interview. Whether contact happens before or after an arrest depends on the facts of the case and the decisions made by investigators.
Arrest and Formal Charges
If investigators believe sufficient evidence exists, an arrest may occur. At some point, the accused may be arrested and a bond may be set. Bond is a financial guarantee intended to help ensure that a defendant returns to court while a criminal case is pending. Depending on the circumstances, a judge may allow release on bond and impose conditions that must be followed. Common bond conditions may include:
- Restrictions on contact with certain people, including the complaining witness or other witnesses
- Travel limits
- Requirements to report to a supervision officer
- Restrictions on firearm possession
- Orders to stay away from certain locations identified by the court
Violating bond conditions can result in additional legal consequences or the revocation of bond.
After an arrest, prosecutors review the evidence and determine what criminal charges, if any, should be formally filed. Criminal charges are formal accusations that a person violated a specific law. The charges filed can affect the potential penalties, the evidence that must be presented, and how the case proceeds through the court system.
Grand Jury Review
The case may then be presented to a grand jury. A grand jury is a group of citizens who review evidence presented by prosecutors in felony cases. The purpose of the grand jury is not to determine guilt or innocence. Instead, the grand jury decides whether probable cause exists to believe a crime was committed. Probable cause is a lower legal standard than proof beyond a reasonable doubt. It means there is enough evidence to justify moving the case forward.
In Texas, if the grand jury finds that there is probable cause to believe that the accused committed felony sexual assault of a child, it returns a “true bill,” which is the formal indictment that allows the case to proceed to trial; if it disagrees, it returns a “no bill” and the case does not move forward.
Pretrial Hearings
After formal charges are filed, the court typically schedules a series of hearings before trial. These hearings allow the judge and attorneys to address procedural and legal issues that may affect how the case moves forward.
Pretrial hearings typically involve scheduling matters, questions about bond conditions, requests filed by either side, or disputes over evidence. For example, attorneys may ask the court to decide whether certain evidence should be admitted at trial.
Although jurors are not present during these hearings, the court’s decisions can significantly affect the course of the case. Some cases require only a few hearings, while others involve multiple court appearances before trial.
Discovery and Case Preparation
After charges are filed, both sides begin preparing for trial. This stage is commonly called discovery. Discovery is the process through which attorneys review evidence and exchange information required by law.
During discovery, attorneys may review witness statements, police reports, medical records, forensic interview recordings, laboratory reports, digital evidence, and materials prepared by expert witnesses. Expert witnesses are professionals with specialized training or experience who may offer opinions regarding issues relevant to the case. Both sides use this information to evaluate the strengths and weaknesses of the case and prepare for future court proceedings.
Reviewing the Evidence and Possible Defenses
During case preparation, the defense may closely review the state’s evidence, including witness statements, forensic interview recordings, medical records, laboratory results, digital communications, and timelines. In some cases, the defense may identify inconsistencies, missing evidence, issues with witness credibility, or legal questions about whether certain evidence should be admitted.
The defense may also examine how interviews were conducted, whether electronic evidence was properly collected, and whether the available evidence supports the allegations made. The strategy in any case depends on the specific facts, the evidence available, and the charges filed.
Plea Negotiations
Not every criminal case goes to trial. In some cases, prosecutors and defense attorneys engage in plea negotiations. A plea agreement is a negotiated resolution in which a defendant agrees to plead guilty or no contest to one or more charges. In exchange, prosecutors may agree to recommend a particular sentence, reduce charges when legally appropriate, or dismiss certain allegations. Whether a plea agreement is discussed, offered, or accepted depends on the facts of the case, the available evidence, and the decisions made by the parties involved.
Trial
If the case is not resolved through dismissal or a plea agreement, it may proceed to trial. At trial, prosecutors must prove the charges beyond a reasonable doubt. This is the highest burden of proof used in the American legal system. A criminal trial generally includes the following stages:
Jury Selection
Attorneys and the court question potential jurors to identify individuals who can fairly evaluate the evidence. The goal is to select a jury that can decide the case based on the facts presented in court.
Opening Statements
Each side presents an overview of what it believes the evidence will show. Opening statements are not evidence, but they help jurors understand the issues involved in the case.
Presentation of Evidence
Prosecutors present witnesses and evidence first. The defense has an opportunity to cross-examine witnesses and challenge the evidence presented. The defense can also present witnesses, documents, expert testimony, or other evidence in support of its case.
Closing Arguments
Both sides summarize the evidence and explain why they believe the jury should rule in their favor. After closing arguments, the jury begins deliberations.
Verdict
The jury determines whether the prosecution has proven the charges beyond a reasonable doubt. If the defendant is found not guilty, the criminal case ends. If the defendant is convicted, the case proceeds to sentencing.
Potential Penalties Following a Conviction
Potential penalties depend on the charge filed, the facts alleged, the age of the child involved, prior criminal history, and other legal factors. In Texas, cases involving allegations of child sexual assault can involve different felony charges, and the possible punishment can vary significantly from case to case.
Possible consequences may include:
- A prison sentence of two years to life, the actual length of which depends on the specific offense and circumstances of the case
- Criminal fine of up to $10,000
- Possible financial restitution payable to the victim, in addition to any fine
- Community supervision, commonly known as probation
- Mandatory sex offender registration
- Restrictions that may affect employment opportunities, housing options, or professional licenses
Understanding Your Legal Options
A child sexual assault case can involve many stages, from the initial report and investigation to court hearings, plea negotiations, and possibly trial. An accusation does not determine the outcome of a case, and the state still bears the burden of proving the charges in court. Understanding how the process works can help individuals and families better prepare for what happens next.
Call Bailey & Galyen
If you or a loved one is facing serious criminal charges in Texas, call Bailey & Galyen. Our team can help you understand the process, review the allegations, and discuss your legal options. Since 1982, Bailey & Galyen has helped Texans facing difficult legal situations, offering large-firm resources with personal attention. For a free consultation, call Bailey & Galyen today. We are available 24/7.
Hablamos español en nuestra oficina.
Bailey & Galyen – Solving Your Legal Puzzle®
Español