Officials Fear More Sexual Assault Victims After Texas Foster Parent Arrest

Originally published by Sawicki Law Firm Blog.

Is There a Time-Limit On Bringing a Sexual Assault Charge When Assaulted as a Minor?

San Antonio officials are in talks with dozens of girls placed in foster care after sexual assault charges were filed against the man in whose care they were placed. The man, Miguel Briseno of Devine, was arrested on Wednesday, October 8, 2017, and charged with five counts of sexual assault. The victims were former foster children. He is currently being held in Medina County jail on a $500,000 bond.

Officials say the man took in more than 180 girls between 2005 and 2010. They believe some of them could have been the victims of his predatory acts.

Sexual assault of a minor is a serious crime in Texas. If you or someone you know suffered sexual assault as a child, it’s not too late to get justice. Consult a Texas sexual assault lawyer immediately.

Sexual Assault as a Minor in Texas – What the Law Says

Sexual assault is deemed to have occurred where the perpetrator, knowingly and willingly, performs a sexual act with a child. According to the law, a child is anyone below the age of 17. Consent is not an element of the charge since the law envisions a child as incapable of giving consent to sexual acts. A charge of sexual assault therefore, has two elements:

• Intention – the perpetrator knowingly and willingly performed the sexual act.

• Commission – the sexual act actually happened.

For persons who are not children as defined by statute (age 17 and above), a charge of sexual assault will require a third component – the lack of consent.

A charge for sexual assault is a Class 2 felony punishable by up to 20 years in jail or a fine of up to $10,000. The charge can be elevated to aggravated sexual assault if:

• The victim was below age 14

• The perpetrator placed the victim in fear of death or serious bodily harm

• The perpetrator actually caused serious bodily harm

• The perpetrator used a deadly weapon to perform the act

• The defendant used a date rape drug to perform the act.

Aggravated sexual assault is a Class 1 felony punishable by up to 25 years in jail.

Statute of Limitations – Is There a Time Limit for Reporting Sexual Assault of a Minor?

A statute of limitation is a law that outlines the deadline for charging someone with a certain crime. In criminal law, it is the time limit within which prosecutors are allowed to charge someone with an offense.
Sexual assault against a minor does not have a statute of limitations. Thanks to a 2007 legislative amendment of Texas’ statute of limitations laws, a child victim of sexual assault does not have a deadline within which to report sexual assault perpetrated by someone else. The defendant cannot escape criminal liability by claiming the charge is time-barred.

If you or someone you know suffered sexual abuse as a child, know that your legal options are still open. You can still get justice for yourself and perhaps even prevent numerous other girls from suffering the same fate. Talk to an experienced Texas sexual assault lawyer today to arrange a free confidential case consultation.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/2yY5AIH
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