Strategic Intervention & Litigation
Texas Sex Crime Defense
We Stop the Investigation. Immediately.
You are reading this because you are in panic mode. You—or your husband, son, or father—have been accused of the unthinkable. The police may have called "just to clear things up." CPS may have left a card on your door. Do not call them back. Call us.
What is a Sex Crime in Texas?
Direct Answer: A sex crime in Texas encompasses offenses under Title 5 of the Penal Code, ranging from Indecent Exposure to Aggravated Sexual Assault. These are the most aggressively prosecuted crimes in the state. Unlike standard felonies, a conviction here typically mandates lifetime Sex Offender Registration and can lead to indefinite civil commitment (the "Shadow Prison") even after your sentence is served.
The Government's Playbook
To defeat the State, you must understand their tactics. They rely on psychological pressure, "outcry" hearsay, and the blind trust of jurors.
1. The "Counselor Trap"
Prosecutors know children often hesitate to accuse family members. To bypass this, they use the school system. A child makes a vague comment to a counselor; the counselor calls CPS. CPS visits the school to interview your child without your permission and without you present.
2. The "Outcry" Hearsay Loophole
Normally, "hearsay" is inadmissible. However, under Art. 38.072, the State can call the first person the child spoke to (the "outcry witness") to repeat the child's story to the jury. This allows the jury to hear the accusation twice.
3. The Medical Illusion
The State will present a Sexual Assault Nurse Examiner (SANE) report as "scientific proof," even when findings are inconclusive.
The Setra Counter
Immediate Intervention
We immediately serve a Letter of Representation to the school and CPS. We assert your rights regarding CPS Defense and lock down communication channels instantly.
Reliability Hearings
We demand an Article 38.072 Reliability Hearing outside the jury's presence. We attack the "time, content, and circumstances" of the statement. If the outcry was coached or delayed, we move to suppress it entirely.
Forensic Deconstruction
We expose SANE Exam Inconsistencies. We use independent medical experts to show that a lack of physical evidence supports innocence, not guilt.
Statutory Analysis: The Laws You Face
We do not rely on summaries. We rely on the text of the law.
Continuous Sexual Abuse
Texas Penal Code § 21.02 & § 21.03
The "Super Felony." Allows the State to aggregate multiple allegations into a single charge without proving specific dates. Penalty: Minimum 25 years in prison. No probation.
Aggravated Sexual Assault
Texas Penal Code § 22.021
Sexual assault becomes "Aggravated" if a weapon is used, serious injury occurs, or the victim is a child. We scrutinize these factors to drop the charge to a 2nd Degree Felony.
Romeo & Juliet Defense
Texas Penal Code § 22.011(e)
An affirmative defense if the actor is not more than 3 years older than the victim, the victim is at least 14, and the act was consensual. We use this to secure Grand Jury No-Bills.
Scenario Analysis: Real World Defense
The "School Interview" Ambush
The Situation:CPS interviews your daughter at school regarding "inappropriate touching" and demands to come to your home.
The Panic Response:You let them in to "clear things up." The stepfather admits to "tickling," which CPS twists into a confession.
Regret vs. Rape
The Situation:A college student is accused of sexual assault after a party. A week later, the accuser files a report claiming intoxication.
Divorce Weaponization
The Situation:During a custody battle, your ex-spouse claims your child made an outcry of abuse. CPS issues a "Safety Plan" demanding you leave.
Why Trust Setra Law?
We are not "plea lawyers." We are trial lawyers who believe the Presumption of Innocence is a weapon, not a shield.
- The Defense Team: Includes former felony prosecutors who understand how the State builds these cases. We know where they hide exculpatory evidence.
- Independent Forensics: We do not rely on the police lab. We use independent digital forensics to analyze phone data and metadata that the police often "overlook."
- Total Defense: We handle everything—CPS investigations, Title IX university hearings, Grand Jury packets, and felony trials.
Collateral Consequences: The "Shadow Prison"
Civil Commitment (The SVP Law): Under Chapter 841 of the Health & Safety Code, the State can petition to keep you locked up after your prison sentence ends.
The Reality: If deemed a "Sexually Violent Predator" (SVP), you are transferred to a civil facility for "treatment." Release is rare.
Our Goal: We fight the initial criminal charge so fiercely because we know a conviction can mean a lifetime of confinement.