Judges, the media and society in general often come down harshly on people accused of a child sex offense. Everyone deserves the right to a fair defense, however, and a person should always be considered innocent until proven guilty—two important fundamental principles of the American criminal justice system.
When a case turns into a child’s word against the defendant’s, the truth can be difficult to determine. If the evidence shows that the defendant is guilty, the court must decide on an appropriate punishment.
To do so, various factors are considered, including the specific offense with which the accused is charged and under which category of sex offender they fall.
Characteristics of Child Sex Abusers
Child sex offenders are characterized by the Office of Justice Programs in the following way:
Child sexual abusers often develop a relationship with a child to manipulate him or her into compliance with the sexual act, which is perhaps the most damaging component of child sexual abuse (John Jay College, 2004). Indeed, a defining feature of child sexual abuse is the offender’s perception that the sexual relationship is mutual and acceptable.
Child sex abusers are then placed into one of two categories:
- Fixated offenders – individuals who prefer to interact and identify with children socially and sexually to satisfy their sexual needs; and
- Regressed offenders – individuals who prefer social and sexual interaction with adults, but whose involvement with children is situational and occurs as a result of life stressors.
While prosecutors often try to paint this distinction as unimportant, it can have a dramatic impact on sentencing.
Punishments for Child Sex Offense
Once the evidence has proven that an individual is a fixated or regressed child sex abuser, the court must determine an appropriate punishment for the accused. Sentencing in each case depends on which category of child sex offense the defendant’s actions fall under.
According to a top-rated sex crimes attorney in Houston, Texas, common types of child sex offenses include:
- Indecency with a child – engaging in sexual contact with any person under the age of 17, exposing yourself to a child or forcing a child to expose himself or herself
- Sexual assault of a child – engaging in sexual penetration with a minor age 14 to 16
- Aggravated sexual assault of a child – engaging in sexual penetration with a child under the age of 14 (Texas also defines cases of “super” aggravated sexual assault as involving a child age 6 or younger)
- Continuous sexual abuse of a child – committing two or more acts of sexual abuse over a 30-day period or more against a child who is younger than 14 years old
- Improper student-teacher relationship – a teacher of a public or private elementary, middle or high school engaging in sexual contact with a student who is enrolled at the school or school district where the employee works
Everyone deserves the right to a fair and just defense. The tricky part about criminal defense cases, especially child sex abuse charges, is that the law applies to each case differently.
If you’ve been charged, contact an experienced criminal defense attorney to represent you and explore your legal rights.