Houston Lawyer Charles Johnson
Tag Archive for contact
If you have been falsely accused of Child Abuse, it is essential that you hire a Houston Child Abuse Lawyer who specializes in these types of cases to protect your legal rights. A conviction for Child Abuse can lead to serious legal consequences, including the loss of your right to be around children, the loss of the right to be with your own children, and time in jail. A conviction for Child Abuse charges can also lead to more personal consequences like embarrassment and a life-long label as a child abuser. Courts, as well as the public, are generally eager to convict and punish an individual who is responsible for exposing a child to abuse. A child’s testimony may have the ability to sway the outcome of a trial, even if their testimony is not accurate. Houston Criminal Lawyer Charles Johnson specializes in effectively and successfully defending his clients against Child Abuse charges. You can contact him directly anytime night or day at (713) 222-7577 to discuss your case.
What is Child Abuse?
According to Chapter 261 of the Family Code (recodified in 1995), child abuse is an act or omission that endangers or impairs a child ‘s physical, emotional or mental health and development. Child abuse may take the form of physical or emotional injury, sexual abuse, sexual exploitation, physical neglect, medical neglect, or inadequate supervision.
The law specifically excludes “reasonable” discipline by the child’s conservator, parent, or guardian; corporal punishment is not in itself abusive under the law. An act or omission is abusive only if “material and observable impairment” occurs as a result, or if it causes “substantial harm,” or exposes the child to risk of substantial harm.
Neglect, like physical and emotional abuse, hinges on substantial harm or observable and material impairment. The law excludes from its definition of neglect any failure to provide for the child that is due to lack of financial resources. A child living in poverty is not a victim of neglect under the Texas Family Code except in cases where relief has been offered and refused by the child’s parent, conservator, or guardian .
A person commits abuse if they place a child, or allows a child to be placed, in a situation where the child is exposed to “substantial risk” of injury or harm. The law also clearly states that a person commits abuse if they fail to make a reasonable effort to prevent another person from abusing a child.
If you have been charged with Child Abuse, one of the most important steps you can take is to not speak with anyone other than your lawyer about the details of the case. Often times, defendants incriminate themselves by speaking to the police or engaging in phone conversations where certain statements can be taken out of context.
You need a Child Abuse Lawyer who will treat your Child Abuse defense seriously. Being charged with Child Abuse could have a devastating impact on your life and the lives of your family. Houston Criminal Lawyer Charles Johnson will diligently fight for your rights, reputation and future. Contact him now at (713) 222-7577 for expert legal guidance.
Physical abuse typically occurs when a frustrated parent or caregiver strikes, shakes, or throws a child because of anger. Other forms of deliberate assault that may be physically abusive include burning, scalding, biting, kicking, cutting, poking, twisting a child’s limbs, deliberately withholding food, binding, gagging, choking, or hitting the child with a closed fist or other instrument. If it results in injury, any form of corporal punishment may be abusive.
Physical injuries resulting from child abuse can run the gamut from lacerations, burns, and bruises, to head injuries, broken bones, broken teeth, and damage to internal organs. Context, circumstances, and the exact nature of the wounds usually set apart the injuries resulting from abuse. Specially trained professionals must make the determination whether a child has actually been abused or not.
Due to the delicate and sensitive nature of a child abuse case, it is important to have the advice and the counsel of a professional who is experienced in this type of case. Houston Attorney Charles Johnson specializes in cases that deal with Child Abuse. Don’t take chances with your future. Contact him today.
Unexplained Death of a Child
Sudden Infant Death Syndrome (SIDS) is the sudden, unexplained death of an infant—a child between one month and one year old. It is frightening because it is strikes without warning, and medical science has been unable to determine exactly why it happens.
SUDC (Sudden Unexplained Death in Childhood) is the sudden and unexpected death of a child over the age of twelve months, which remains unexplained after a thorough case investigation is conducted. Similar to SIDS, SUDC is a diagnosis of exclusion – given when all known and possible causes of death have been ruled out. By definition, SIDS applies only to the death of babies younger than 12 months, while SUDC victims are past their first birthday whose deaths go unexplained even after an autopsy, a death scene investigation and medical history review.
The death of an infant due to SIDS or SUDC is a devastating event that can leave parents feeling sad, guilty, angry, and confused. Although we all do our best to keep children safe, sometimes the worst happens and kids suffer major injuries. If your child has been seriously hurt and you need legal advice, contact Houston Lawyer Charles Johnson anytime at (713) 222-7577 for a free case review.
Shaken Baby Syndrome
There is a growing trend of misdiagnosed Shaken Baby Syndrome cases occurring in America today. Typically, a parent or caretaker is falsely accused of murdering or injuring a baby by shaking him or her, when the actual cause of the death or injury occurs from another source.
If a child is held by the shoulders or chest and shaken violently, often no external injury is visible. The impact of the brain on the inside of the skull may prove damaging or even fatal, especially if the child is less than two years old or is shaken repeatedly. Symptoms of injury include vomiting and seizures. An infant who is violently shaken may suffer convulsions, permanent brain damage, and death. A young child who survives a severe shaking episode may be blind, deaf, or otherwise disabled as a result. Even less violent shaking of older children may cause neurological deficits, as well as learning and behavioral disorders.
If you have been charged with child abuse involving Shaken Baby Syndrome, it is important to contact an immediately to begin gathering all necessary medical information and begin preparation of your case. If your child or a child you have been caring for has been injured or has passed away, you already have too much to deal with. Do not let overzealous prosecutors portray you as a violent child abuser.
Child sexual abuse remains, in the overwhelming majority of cases, a crime perpetrated by members of the child’s family and circle of trust. Sexual abuse is defined in the Family Code as any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as failure to make a reasonable effort to prevent sexual conduct with a child. A person who compels or encourages a child to engage in sexual conduct commits abuse, and it is against the law to make or possess child pornography, or to display such material to a child.
If you are facing potential Child Sexual Abuse charges, it is critical that you use a legal defense team with specific experience and expertise dealing with crimes against children. Call Houston Sex Crimes Lawyer Charles Johnson at (713) 222-7577 for a free, confidential initial consultation. Early intervention is critical to obtaining the best results.
Sexual abuse may consist of a single incident or many acts over a long period of time. Boys and girls of any age can be victims of sexual abuse. The molester can be just about anyone, but most often, it is someone known to the child. The abuse may escalate over time, particularly if the abuser is a member of the child’s own family. The child’s non-abusing caregiver(s) may be unaware of the abuse or may be in a state of denial.
Child sexual abuse includes fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution, and any other “sexual conduct harmful to a child’s mental, emotional, or physical welfare.” These acts may be forced upon the child or the child may be coaxed, seduced, and persuaded to cooperate. The absence of force or coercion does not diminish the abusive nature of the conduct, but, sadly, it may cause the child to feel responsible for what has occurred.
It is extremely difficult for a child to report sexual abuse. A very young child may not understand that what has happened is not normal or accepted. More importantly, the abuser almost always discourages the child from telling anyone about the abuse. The strategies for silencing a sexual abuse victim are as ruthless as they are varied. The abuser may be someone whom the child depends upon and trusts; s/he may use the child’s dependency and affection to extort a promise of secrecy. A more brutal perpetrator may threaten to harm and even kill the child or other family members or pets. Or the abuser may tell the child that the family will be broken up, the child blamed, or the child taken away from home if the secret becomes known. These are not altogether unrealistic fears for the child, unfortunately.
For many people, an allegation or disclosure of sexual abuse is indeed hard to accept. This is particularly true when the perpetrator is a family member or an otherwise law-abiding, respectable, and seemingly “nice,” “normal” person. Many adults have a tendency to overlook, discount, minimize, explain away, or simply disbelieve allegations of sexual abuse. Yet children rarely lie or invent stories on their own about being sexually abused. The fact that children can sometimes be manipulated or coached should not dissuade anyone from reporting a child’s revelation of sexual abuse. All responsible adults, but particularly those who work with children, should be aware that sexual abuse occurs and should be alert for the opportunity to aid a child who attempts to disclose abuse. The child’s need for support and protection must come first.
Sexual assault by a stranger versus a family member
Sexual assault of a child is a violation of the Penal Code, regardless of whether the perpetrator is a stranger or family member. Assault by a stranger and assault by a family member may involve similar criminal charges. In addition, an assault by a family member, especially one who lives in the household with the child, may be the basis for a civil action such as removal of the child from the home. In fact, assaults by strangers are much less common than assaults by persons known to the child. Perhaps the most common scenario for child sexual assault involves the male partner of a young girl’s mother (the girl is assaulted by her father, stepfather, or her mother’s boyfriend).
The child molester is sexually attracted to children (usually children of a certain age) and assaults them to obtain sexual gratification. While anyone of any age, race, or gender can be a child molester, this person is typically an adult heterosexual male. Most often, molestation is not a “stranger” assault, and may not involve force. Many child molesters relate quite well to children and seek out professions, jobs, or volunteer positions that give them access to children. They often make or collect child pornography.
Their methods of seduction may include bribes and the use of pornography depicting sex between adults and children the age of the intended victim. The relationship with the child may develop over a period of weeks or months, becoming increasingly coercive and invasive. Child molesters repeatedly offend and may molest or attempt to molest literally hundreds of children before being caught. The victims, while frequently befriended by the child molester, are generally not related by blood or marriage.
Molestation is an umbrella term that includes a number of sex offenses against children including, but not limited to:
A person convicted of any of the above acts will suffer extensive damage to their personal, professional, and social life in addition to other serious penalties and punishments including imprisonment, loss of rights, financial reimbursement to the victim, and more.
Houston Sex Crimes Lawyer Charles Johnson has a wealth of experience handling sex crime cases and will work diligently to ensure your legal rights and interests are protected every step of the way. His firm is dedicated to thoroughly investigating your case, building a strong defense, negotiating with other parties to dismiss or reduce your charges, and more. If you want someone who is on your side, please contact Houston Lawyer Charles Johnson today for a complimentary consultation.
Sexual Assault of a Child as Defined by Law
Like all states, Texas protects children from sexual contact short of statutory rape. Like statutory rape, consent is not an issue, the age of consent is 17, and there is an affirmative defense if the two parties are close in age:
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact [defined below]with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) 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 had a reportable conviction or adjudication for an offense under this section.
(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
Sexual Assault (Statutory Rape)
Forcible rape was a common law offense. Consensual sex with a child was criminalized by a statute by Parliament, and is thus termed “statutory” rape. The Texas version is found in TPC sec. 21.011 (2). It provides that an actor commits an offense if he or she
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.
Note that like the forcible rape version, the statute is gender neutral and includes sex acts other than vaginal intercourse. There is no element of lack of consent .
A child is defined as someone younger than 17 years of age who is not the spouse of the actor. Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married. Age 17 is referred to as the “age of consent,”–the age at which the law assumes a valid consent can be given.
There is a defense of medical care: “(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.”
There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses. In these situations it is less likely that there is some form of improper exploitation of a young victim by an older predator.
(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.
The statute does not say that the defendant must know that the victim is under 17, and Texas courts have not created such a requirement. Thus, (as in a majority of states) mistake of fact about the victim’s age is not a defense.
New Super Aggravated Offenses: Continuous Sexual Abuse Of Young Child Or Children
In response to legal issues regarding notice, election, jeopardy and unanimity, the 80th Legislature added Section 21.02 to the Penal Code, which defines a new offense entitled Continuous Sexual Abuse Of Young Child Or Children. The new statute provides that a person commits an offense if, during a period of time of 30 days or more, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims, and at the time of the commission of each of the acts of sexual abuse, the actor is seventeen years of age or older and the victim is a child younger than fourteen years of age. § 21.02(b). For purposes of this section an “act of sexual abuse”, includes aggravated kidnaping with the intent to violate or abuse the victims sexually; indecency with a child, other than by touching the breast of a child, or exposure; sexual assault of a child pursuant to section 22.011; aggravated sexual assault under section 22.021; burglary with the intent to commit one of the foregoing offenses; and sexual performance by a child under section 43.25. §21.02(c), P.C.
It is imperative that you contact Houston Lawyer Charles Johnson immediately when you learn that you are under investigation for this serious offense. You can reach him directly at (713) 222-7577 to discuss your options.
Penalties for Child Abuse and Sentencing
A person charged with child abuse faces a wide range of penalties and sentencing possibilities, depending on several factors. These include the state where the abuse took place, the age of the child, whether the offense involved sexual abuse, whether the child was physically or mentally injured, and the criminal history of the offender.
Sentencing for child abuse and neglect cases is often difficult for everyone involved — especially since child abuse cases are often highly publicized and the potential for a social stigma on the family is great.
In most states, child abuse may be charged as either a felony or a less serious offense depending on the circumstances. The most severe cases of child abuse may carry felony lifetime sentences, while the least serious cases are considered gross misdemeanors with potentially no jail time. Punishment will typically be more severe if the offender has a prior record of criminal child abuse activity and greatly reduced if there is no prior record.
For sentencing purposes, a person charged with child abuse may enter a guilty, not guilty, or no contest plea. In a large number of cases, sentencing will typically include probation or a prison term of up to five years. Sentencing in other, more serious, cases may include a longer prison term.
Other possible penalties and/or consequences may include:
- Lifetime requirement to register as a child sexual offender
- Termination of parental rights
- Ruined reputation
- Criminal record
- Supervised access to the child
- Physical or actual loss and enjoyment of a child
- Continual involvement with a child protective services agency
People who fail to report child abuse or neglect also face penalties and consequences in some states with mandatory reporting laws. In those states, if a person has reason to suspect that someone is abusing a child, they must report it through a hotline or law enforcement agency. Failure to report such cases in a timely manner is considered a misdemeanor in most states and may result in fines, jail time, or both.
Statute of Limitations for Sexual Assault of a Child Crimes
Felony indictments must be presented within these time limits:
- Continuous sexual abuse of a young child/children
- Aggravated sexual assault of a child
- Sexual assault of a child
- Indecency with a child
- Sexual assault of an adult if DNA evidence is present
20 years from the victim’s 18th birthday:
- Sexual performance by a child
- Aggravated kidnapping with intent to commit sexual offense
- Burglary of habitation with intent to commit sexual offense
10 years from the date of the commission of the offense:
- Sexual assault of an adult
- Aggravated sexual assault of an adult
Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault and other sex crimes. In these cases, “child” means a person younger than 17 years of age who is not the spouse of the actor.
Possible Defenses for Child Abuse Charges
Defending yourself against a child abuse charge can be difficult especially if it involves the testimony of a child. Combine that with the media’s negative depiction of child abuse offenders and it may seem impossible to overcome the harsh realities of a child abuse allegation.
If you are charged with child abuse – whether physical, emotional, or sexual – a criminal defense lawyer can devise a sound defense strategy and help cast doubt on the prosecutor’s case. Like other crimes, a person charged with child abuse has the same rights as defendants of other crimes, including the right to defend themselves against a criminal charge.
While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused. Below are some of the most common (and some not so common) defenses that a person may assert on a child abuse charge:
False Allegations of Child Abuse
A common defense to child abuse charges is to say you didn’t do it. False accusations of child abuse are more common than most people think, especially in dysfunctional families or between parents who are involved in a difficult child custody battle. Although sometimes difficult to prove, the best strategy to defend false child abuse charges is to aggressively counter-attack allegations and show proof of the lie or similar wrongful conduct by the accuser.
The Injury Is a Result of an Accident
Most state child abuse laws do not punish accidents, unless the accident was a result of recklessness or gross carelessness. Examples of true accidents may include pushing your child on a bike and causing him to fall and scrape his knees or unknowingly slamming your toddler’s hand in the door. When a child’s injuries are a result of an accident, a person may raise this as a defense against child abuse charges but courts are split as to whether to prosecute parents who accidently cause harm to a child when acting with negligence (such as leaving a sleeping baby in a car alone on a hot day).
The Injury Is a Result of Something Other Than Child Abuse
Sometimes parents are falsely accused of child abuse based on non-accidental situations, such as when a child fights with another child and injures himself or when a child has a pre-existing medical condition that contributes to her own injuries. For example, one type of disease called “brittle bone disease” has been raised as a defense to show that one’s injuries were the result of a disorder that causes a child’s bones to break easily, and not a result of child abuse.
Parent’s Right to Discipline
Parents are generally free to discipline their children in any manner they choose, so long as the discipline is reasonable and causes no bodily injury. The question of how a parent disciplines a child (such as through spanking or threat of spanking), however, is often the subject of many child abuse cases. In certain circumstances, a parent, or one standing in “loco parentis “(such as a teacher), can raise the defense of “parental privilege” and claim that they had the right to reasonably discipline a child under their authority. However, if a child’s injuries are more serious than minor bruising as a result of the discipline, the parental privilege may not apply.
Religious Beliefs or Exemption
Even though it’s hard to grasp the thought of a child dying from an easily treatable illness, parents may claim an exemption to child abuse for religious reasons when a child dies because of a parent’s failure to seek medical care for their sick child. Although controversial, this religious exemption is a defense in all but a handful of states, and allows parents to escape charges of child abuse if they choose to pray for their sick children rather than take them to a doctor.
Munchausen Syndrome by Proxy
In rare cases, an individual accused of child abuse may raise the little-known defense called Munchausen Syndrome by Proxy (MSBP). MSBP is used to describe incidents in which a child caregiver, usually the mother, either lies about or promotes illnesses in their children in an attempt to draw attention or sympathy to themselves. This defense usually requires proof of psychological or medical data.
There may be other defenses available depending on the circumstances in your particular case. If you need assistance with defending charges of Child Abuse in Houston, Attorney Charles Johnson can help you understand your rights with respect to child abuse laws in your state. You can contact him directly day or night at (713) 222-7577 to discuss your case.
Hire the Best Houston Child Abuse Lawyer: The Charles Johnson Law Firm
The abuse or neglect of a child can have devastating effects on children and their families, as can false allegations, underreporting, and lack of knowledge. Child abuse is often zealously prosecuted and certain people are required by law to report instances of child abuse believed to have taken place.
When very small children are involved, the statements of the children themselves can be manipulated by the investigator. When older children are involved, the child’s behavioral or emotional problems can result in false accusations or manipulation of the investigator’s sympathy. In many cases, a child may simply tell the investigator what he or she thinks the investigator wants to hear.
The goal in a child abuse prosecution is to protect you from the criminal penalties that would follow a conviction and to protect your professional and family interests. Houston Sex Crimes Lawyer Charles Johnson knows how to challenge the findings of a CPS investigation and broaden the inquiry to cover circumstances that show you in a better light as a parent or child care professional.
Child abuse is, of course, a very sensitive issue and Houston Domestic Violence Lawyer Charles Johnson will address your case with this firmly in mind. Any children who are involved in the case will be engaged in the proceedings as little as possible in order to shield them from this litigation. When their involvement is necessary to improve the chances of a positive outcome, they will be treated with the utmost care and respect. Attorney Johnson is well versed in all areas of domestic violence and abuse cases and is ready to assist you in your legal matter. Contact him directly around the clock at (713) 222-7577 to discuss your case.
Download “Facing False Charges of Child Abuse? Select the Leading Houston Child Abuse Lawyer Charles Johnson” in PDF Format
Related News Stories – Child Abuse Charges in Houston, Texas
Charles Johnson |
| Tags: actor
, Aggravated sexual assault
, Charles Johnson
, child abuse charges
, child abuser
, child pornography
, child sexual abuse
, corporal punishment
, definition of neglect
, Domestic Violence
, emotional abuse
, Houston Child Abuse Lawyer
, houston criminal lawyer
, Houston Criminal Lawyer Charles Johnson
, Houston Lawyer Charles Johnson
, Houston Sex Crimes Lawyer Charles Johnson
, inadequate supervision
, Leading Houston Child Abuse Lawyer Charles Johnson
, legal consequences
, material impairment
, medical neglect
, personal consequences
, physical neglect
, sexual abuse
, sexual exploitation
, sexual offense
Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.
Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.
It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.
Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.
Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.
Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.
Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.
The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.
Indecency with a Child
The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.
Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact if:
With a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.
Sexual contact means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.
Why do these details matter?
Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.
The fundamental principle of the Constitution is that it shouldn’t matter what you‘re charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.
Aggravated Sexual Assault of a Child
Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.
In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;
(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;
(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;
A person can still be prosecuted for aggravated sexual assault of a child if the actor:
1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
4. uses or exhibits a deadly weapon in the course of the same criminal episode;
5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.
The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).
The law as it appears in the statute
Tex. Penal Code ß 22.021. Aggravated Sexual Assault
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(iii) 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
(B) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is an elderly individual or a disabled individual.
(b) In this section:
(1) “Child” has the meaning assigned by Section 22.011(c).
(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:
(1) the victim of the offense is younger than six years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).
What makes a Sexual Assault of a Child Charge “Aggravated?”
The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.
What is Indecency with a Child?
Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)
Does the Age of the Accused Matter?
It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.
What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?
The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.
How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?
Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.
Does Possession of Child Pornography Violate Both State and Federal Law?
Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.
How Can I Defend Myself Against an Accusation of Possession of Child Pornography?
In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.
Laws in Texas Regarding Sexual Assault of a Child
Child sexual assault is a serious criminal offense in Texas.
Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.
Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This includes “fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution and any other sexual conduct harmful to a child’s mental, emotional or physical welfare,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.
Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)
Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.
Longer Prison Terms
A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.
Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.
Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.
Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson
- In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
- In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
- In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
- In Texas, neither genital trauma nor DNA evidence is required for a conviction.
- In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
- In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.
With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.
If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.
News Stories Related to Sexual Assault of a Minor in Houston, TX:
Download “False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson” in PDF Format
Charles Johnson |
| Tags: accusation
, Aggravated sexual assault
, assault charge
, Charles Johnson
, false evidence
, indecency with a child
, sex crime
, sex crimes
, Sexual allegations
, sexual assault
, sexual assault lawyer
, sexual assault of a child
, sexual organ
, sexual penetration
Each year thousands of domestic violence cases are filed. While most of the cases have merit, there are many instances where defendants are falsely accused. Domestic Violence is an issue that affects every town, city, country and nation. Domestic Violence covers a broad spectrum of abuse between couples, spouses, family members or other people who live together. Family Violence allegations are quite severe. In the event you are found guilty, you could face prison time and various other criminal penalties. A conviction will not only destroy your reputation, but your future as well. You could be refused future employment, housing, academic loans and worse, access to your home and children. At the Charles Johnson Law Firm, we see our clients falsely charged with Domestic Violence all the time. Whether you are innocent or guilty, Houston Domestic Violence Lawyer Charles Johnson will battle aggressively on your behalf in order to help protect your rights and your future. Get in touch with us Around The Clock, 7 Days /week for a no cost consultation.
All too frequently the news bombards us with news about a high-profile Domestic Violence case, where a man or woman is suspected of murdering their husband or wife, with or without a prior history of domestic abuse.
Violence. How can a individual turn from loving and living with a person to beating them up or murdering them? What kind of an individual resorts to Domestic Violence against their spouse or domestic intimate partner? What kind of individual thinks it is okay to continually humiliate or talk down to their life intimate partner? What kind of an individual has sex with their partner without the need of the person’s consent and desire to participate?
A common pattern of domestic abuse is that the perpetrator alternates between violent, abusive behavior and apologetic behavior with apparently heartfelt promises to change. The abuser could possibly be very pleasant the majority of of the time. Therein lies the perpetual appeal of the abusing partner and why many individuals can’t seem to leave the abusive relationship.
Domestic abuse is most often among the following:
- child abuse
- abuse of a spouse or domestic intimate partner
- elder abuse
In this article, we explore domestic abuse between spouses and intimate partners: the types of domestic abuse, signs and symptoms, causes, and consequences. Domestic Violence and abuse are popular. The initial step in ending the misery is recognition that the situation is abusive.
How is domestic abuse between intimate partners defined?
Domestic abuse between spouses or intimate partners is when one individual in a marital or intimate relationship tries to control the other person. The perpetrator uses fear and intimidation and may very well threaten to use or could possibly actually use physical violence. Domestic abuse that includes physical violence is called Domestic Violence.
The victim of domestic abuse or Domestic Violence may be a male or a female. Domestic abuse occurs in traditional heterosexual marriages, as well as in same-sex partnerships. The abuse may occur during a relationship, while the couple is breaking up, or after the relationship has ended.
Domestic abuse often escalates from threats and verbal abuse to physical violence. Family Violence may even end up in murder.
The key elements of domestic abuse are:
- humiliating the other individual
- physical injury
Domestic abuse is not really a result of losing control; domestic abuse is intentionally trying to control another individual. The abuser is purposefully using verbal, nonverbal, or physical means to gain control over the other individual.
In many cultures, control of women by men is accepted as the norm. This article speaks from the orientation that control of intimate partners is domestic abuse within a culture where such control isn’t the norm. Today we see many cultures moving from the subordination of women to increased equality of women within relationships.
What are the kinds of domestic abuse?
The types of domestic abuse are:
- physical abuse (domestic violence)
- verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
- sexual abuse
- stalking or cyberstalking
- economic abuse or financial abuse
- spiritual abuse
The divisions between these types of domestic abuse are somewhat fluid, yet there is a strong differentiation between the various forms of physical abuse and the various types of verbal or nonverbal abuse.
What is physical abuse of a spouse or intimate partner?
Physical abuse is the use of physical force against another person in a way that ends up injuring the individual, or puts the person at risk of being injured. Physical abuse ranges from physical restraint to murder. When a person talks of Domestic Violence, they are quite often referring to physical abuse of a spouse or intimate partner.
Physical assault or physical battering is a crime, whether it occurs inside a family or outside of the family. The authorities are empowered to protect you from physical attack.
Physical abuse involves:
- pushing, throwing, kicking
- slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
- pinching, biting
- holding, restraining, confinement
- breaking bones
- assault with a firearm including a knife or gun
What is emotional abuse or verbal abuse of a spouse or intimate partner?
Mental, psychological, or emotional abuse may be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. While physical abuse might seem worse, the scars of verbal and emotional abuse are deep. Studies show that verbal or nonverbal abuse might be much more emotionally detrimental than physical abuse.
Verbal or nonverbal abuse of a spouse or intimate partner may include:
- threatening or intimidating to obtain compliance
- destruction of the victim’s personal property and assets and possessions, or threats to accomplish this
- violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as a way of instilling fear of additional violence
- yelling or screaming
- constant harassment
- embarrassing, making fun of, or mocking the victim, either on your own within the household, in public, or in front of family or friends
- criticizing or diminishing the victim’s accomplishments or goals
- not trusting the victim’s decision-making
- telling the victim that they are worthless on their own, without the abuser
- excessive possessiveness, isolation from friends and family
- excessive checking-up on the victim to make certain they are at home or where they said they would be
- saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
- blaming the victim for how the abuser acts or feels
- making the victim remain on the premises subsequent to a fight, or leaving them somewhere else subsequent to a fight, just to “teach them a lesson”
- making the victim feel that there isn’t any way out of the relationship
What is sexual abuse or sexual exploitation of a spouse or intimate partner?
Sexual abuse involves:
- sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
- sexual harassment: ridiculing another individual to try to limit their sexuality or reproductive choices
- sexual exploitation (most notably forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)
Sexual abuse quite often is linked to physical abuse; they may occur together, or the sexual abuse could very well occur following a bout of physical abuse.
What is stalking?
Stalking is harassment of or threatening another person, especially in a way that haunts the person physically or emotionally in a repetitive and devious manner. Stalking of an intimate partner can take place during the relationship, with intense monitoring of the partner’s activities. Or stalking can take place after a partner or spouse has left the relationship. The stalker may possibly be trying to get their partner back, or some may wish to harm their partner as punishment for their departure. Irrespective of the fine details, the victim fears for their safety.
Stalking can take place at or near the victim’s home, near or in their workplace, on the way to the store or another destination, or on the Internet (cyberstalking). Stalking can be on the phone, in person, or on the web. Stalkers may possibly never show their face, or they can be everywhere, in person.
Stalkers employ a number of threatening techniques:
- repeated phone calls, sometimes with hang-ups
- following, tracking (possibly even with a global positioning device)
- finding the person through public records, online searching, or paid investigators
- watching with hidden cameras
- suddenly showing up where the victim is, at home, school, or work
- sending emails; communicating in chat rooms or with instant messaging (cyberstalking: see below)
- sending unwanted packages, cards, gifts, or letters
- monitoring the victim’s phone calls or computer-use
- contacting the victim’s pals, family, co-workers, or neighbors to find out about the victim
- going through the victim’s garbage
- threatening to injure the victim or their family, buddies, or pets
- damaging the victim’s home, car, or various other property
Stalking is unpredictable and should always be regarded as dangerous. If someone is
- tracking you,
- contacting you when you do not wish to have speak to,
- attempting to control you, or
- frightening you,
then seek assistance as soon as possible.
What is cyberstalking?
Cyberstalking is the use of telecommunication technologies most notably the Internet or email to stalk another individual. Cyberstalking may be an additional form of stalking, or it may very well be the only method the abuser employs. Cyberstalking is deliberate, persistent, and personal.
Spamming with unsolicited email is different from cyberstalking. Spam doesn’t necessarily focus on the individual, along with cyberstalking. The cyberstalker methodically finds and contacts the victim. Much like spam of a sexual nature, a cyberstalker’s message may be disturbing and inappropriate. Also like spam, you can never stop the contact with a request. In fact, the more you protest or respond, the more rewarded the cyberstalker feels. The very best response to cyberstalking is not to respond to the contact.
Cyberstalking falls in a grey area of the law. Enforcement of most federal and state stalking laws requires that the victim be directly threatened with an act of violence. Very few law enforcement agencies can act if the threat is only implied.
Regardless of whether or not you can get stalking laws enforced against cyberstalking, you must treat cyberstalking seriously and protect yourself. Cyberstalking sometimes advances to actual stalking and to physical violence.
How likely is it that stalking will turn into violence?
Stalking can end in violence whether or not the stalker threatens violence. And stalking can turn into violence even if the stalker does not have any history of violence.
Women stalkers are just as likely to become violent as are male stalkers.
Those around the stalking victim are also in danger of being injured. For example, a parent, spouse, or bodyguard who makes the stalking victim unattainable could possibly be hurt or killed as the stalker pursues the stalking victim.
What is economic or financial abuse of a spouse or domestic partner?
Economic or financial abuse involves:
- withholding economic resources most notably cash or credit cards
- stealing from or defrauding a partner of cash or assets
- exploiting the intimate partner’s resources for personal gain
- withholding physical resources most notably food, clothes, necessary medications, or shelter from a partner
- preventing the spouse or intimate partner from working or choosing an occupation
What is spiritual abuse of a spouse or intimate partner?
Spiritual abuse involves:
- using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them
- preventing the partner from practicing their religious or spiritual beliefs
- ridiculing the other person’s religious or spiritual beliefs
- forcing the children to be reared in a faith that the partner has not agreed to
How do I realize if I am in an abusive relationship? What are the signs and symptoms of an abusive relationship?
The more of the following questions that you answer Yes to, the more likely you are in an abusive relationship. Examine your answers and seek assistance should you find that you respond positively to a large number of the questions.
Your inner feelings and dialogue: Fear, self-loathing, numbness, desperation
- Are you fearful of your partner a large percentage of the time?
- Do you avoid certain topics or spend a lot of time figuring out how to talk about certain topics so that you do not arouse your partner’s negative reaction or anger?
- Do you ever feel that you can’t do anything right for your partner?
- Do you ever feel so badly about yourself that you think you deserve to be physically hurt?
- Have you lost the love and respect that you once had for your partner?
- Do you in some instances wonder if you are the one who is crazy, that maybe you are overreacting to your partner’s behaviors?
- Do you in some instances fantasize about ways to kill your partner to get them out of your life?
- Are you afraid that your partner will likely try to kill you?
- Are you afraid that your partner will try to take your children away from you?
- Do you feel that there is nowhere to turn for assistance?
- Are you feeling emotionally numb?
- Were you abused as a child, or did you grow up with Domestic Violence in the household? Does domestic violence seem normal to you?
Your partner’s lack of control over their own behavior
- Does your partner have low self-esteem? Do they appear to feel powerless, ineffective, or inadequate within the world, although they are outwardly successful?
- Does your partner externalize the causes of their own behavior? Do they blame their violence on stress, alcohol, or a “bad day”?
- Is your partner unpredictable?
- Is your partner a pleasant individual between bouts of violence?
Your partner’s violent or threatening behavior
- Does your partner have a bad temper?
- Has your partner ever threatened to injure you or kill you?
- Has your partner ever physically injure you?
- Has your partner threatened to take your children away from you, especially if you try to leave the relationship?
- Has your partner ever threatened to commit suicide, especially as a way of keeping you from leaving?
- Has your partner ever forced you to have sex when you didn’t want to?
- Has your partner threatened you at work, either in individual or on the phone?
- Is your partner cruel to animals?
- Does your partner destroy your belongings or household objects?
Your partner’s controlling behavior
- Does your partner try to keep you from seeing your buddies or family?
- Are you embarrassed to invite close friends or family over to your house mainly because of your partner’s behavior?
- Has your partner limited your access to money, the telephone, or the car?
- Does your partner try to stop you from going where you need to go outside of the house, or from doing what you want to do?
- Is your partner jealous and possessive, asking where you are going and where you have been, as if checking up on you? Do they accuse you of having an affair?
Your partner’s diminishment of you
- Does your partner verbally abuse you?
- Does your partner humiliate or criticize you in front of others?
- Does your partner quite often ignore you or put down your opinions or contributions?
- Does your partner always insist that they are right, even if they are obviously wrong?
- Does your partner blame you for their own violent behavior, saying that your behavior or attitudes cause them to be violent?
- Is your partner often outwardly angry with you?
- Does your partner objectify and disrespect those of your gender? Does your partner see you as property or a sex object, rather than as a person?
In my workplace, what are the warning signs that an individual is a victim of Family Violence?
Domestic Violence often plays out in the workplace. For example, a husband, wife, girlfriend, or boyfriend might make threatening phone calls to their intimate partner or ex-partner. Or the worker could very well show injuries from physical abuse at home.
In the event you witness a cluster of the following warning signs within the workplace, you can reasonably suspect domestic abuse:
- Bruises together with other signs of impact on the skin, with the excuse of “accidents”
- Depression, crying
- Frequent and sudden absences
- Frequent lateness
- Frequent, harassing phone calls to the person while they are at work
- Fear of the partner, references to the partner’s anger
- Decreased productivity and attentiveness
- Isolation from pals and family
- Insufficient resources to live (cash, credit cards, car)
If you do recognize signs of domestic abuse in a co-worker, talk to your Human Resources department. The Human Resources staff will be able to assist the victim without having your additional involvement.
Who abuses their spouse or intimate partner?
Domestic abuse knows no age or ethnic boundaries.
Domestic abuse can occur during a relationship or after a relationship has ended.
The majority of psychological, medical, and legal specialists agree that the vast majority of physical abusers are men. Nonetheless , women can also be the perpetrators of Domestic Violence.
Virtually all stalkers are also men stalking women. Nevertheless stalkers can also be women stalking men, men stalking men, or women stalking women.
Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm
As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult an expert lawyer who is familiar with your local court system. Seek the counsel of a highly qualified Houston Domestic Violence Lawyer from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert and protect your rights.
Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.
Charles Johnson |
| Tags: charles-schwab-houston
, domestic abuse
, Domestic Violence
, emotional abuse
, Family Violence
, intimate partner
, physical abuse
, verbal abuse