What are Sex Crimes in Fort Worth, Texas?

A sex crime is defined as an offense that comprises a criminal sexual act or behavior which can be prosecuted in state or federal courts, depending on its nature and severity. It can broadly be said to be any criminal offense that is of a sexual nature and it can range from child pornography to sexual assault to unlawful dissemination of intimate visual content. It is specifically the sexual element of the crime which differentiates the offense from other types of crime, violent or otherwise.

Another aspect of a sex crime that makes it more unique than other instances of crimes lies in the punishment, i.e. a convicted person may, in addition to incarceration or fines, also be entered into the registry of sex offenders, depending on the nature of the offense. Furthermore, it should be noted that under the provisions of the laws governing child sex crimes, there is no statute of limitations for offenses involving sexual assault or abuse of a child.

Fort Worth, Texas, with a population of approximately 918,915 as of April 2020 according to national census figures, is determined to attain the status of the major city with the lowest crime rate nationwide and as such, admittedly like most other Texas cities, takes the prosecution of sexual offenses very seriously. Sex crimes are generally charged in conjunction with similar or other offenses. It is not unusual to have a suspect charged with criminal solicitation of a minor and molestation, for instance. 

The Fortworth Police Department report for 2021 revealed that Fort Worth has unfortunately seen an increase in the occurrence of forcible sex offenses such as sexual assault and aggravated sexual assault (685 reported occurrences by the 3rd quarter compared to 585 in 2020 (a 17.1% increase)) of which forcible rape saw a slightly higher increase (398 instances reported as at 3rd quarter compared to 326 in 2020 (a 22.1% increase)). Approximately 63% of the victims of the 154 cases of reported cases of forcible rape in the 3rd Quarter of 2021 were 17 or younger. The count of non-forcible sex offenses in the 3rd Quarter of 2021 declined drastically, however, as there were 8 cases reported compared to 14 in the corresponding period in 2020 (a 42.9% decrease).

What are the Types of Sex Crimes in Fort Worth, Texas?

Sex Crimes can be categorized as follows based on the nature and severity:

1. Sex crimes relating to Children. This is the broadest sub-category of sex offenses under the applicable laws and includes offenses such as:

Criminal solicitation of a minor (Texas Penal Code §15.031) which relates to when a suspect who is 17 years or older uses electronic means to request that a minor meet them with an intention to engage in sexual behavior. It is a felony offense (second-degree) that carries a penalty of imprisonment of 2 to 20 years, in addition to a fine that may range up to $10,000. It is also punishable by a mandatory imposition to register as a sex offender for a period of 10 years;

Sexual trafficking of a child (Texas Penal Code §20A.02 (a) (7) or (8)) which is a more serious form of human trafficking, involves the illicit advertisement, solicitation, or exploitation by means of a commercial sex act. The commercial transaction may be for money, drugs, or any other benefit. This offense is a first degree felony charge in the Texas statutes and imprisonment for this ranges from a 5-year prison term to life imprisonment and a $10,000 fine. News reports indicate that Texas has experienced an increase in child sex trafficking since the onset of the Coronavirus pandemic.

Child pornography (Texas Penal Code §21.15) Under Texas and federal laws, it is illegal to videotape, photograph, broadcast, transmit, receive, possess or record any visual image of a child without the consent of the child and with the intent to sexually gratify or arouse another person. 

Continuous sexual abuse of a child (Texas Penal Code § 21.02) occurs when two or more acts of sexual abuse of a child or different children are perpetrated by the suspect within a period which is equal to or less than 30 days. Based on Texas law, this is one of the most serious crimes an accused can be charged with outside of capital murder; it is a first-degree felony and carries a penalty of 25 to 99 years in prison as well as a maximum fine of $10,000. The victim must be less than 14 years old at the time of committing the offense, and it is immaterial whether the accused knew the age of the victim or not. Repeat offenders or prior sex offenders are automatically sentenced to life behind bars.

Indecency with a child by contact (Texas Penal Code §21.11.1) is more commonly referred to as ‘fondling’ and occurs when the perpetrator has sexual contact with the child or alternatively causes the child to engage in sexual contact. Contact can be proven regardless of whether or not the contact was through clothing;  Indecency with a child by exposure is the charge proffered if a person exposes the anus or genitalia knowing a child is present or causes a child to expose the anus or genitals (Texas Penal Code §21.11.2). This is a more serious charge categorized as a second-degree felony with a maximum jail term of 20 years in prison and up to $10,000 in fines or both.

Improper relationship between educator and student (Texas Penal Code §21.12), involves a primary or secondary school employee engaging in a sexual act with a person who is registered as a student at the school or at the school district where the teacher or instructor works. It is immaterial whether the school is private or public, elementary or middle, etc. The victim may even be over 17 years of age under Texas laws. It applies where the employee engages in sexual contact, sexual intercourse or deviate sexual intercourse with the student and may also result, in addition to the penalties of prison sentences and fines, in further sanctions by the State Board for Educator Certification (SBEC). This may result in the restriction, revocation, or suspension of the convicted person’s teaching license. In addition, in 2017 a senate bill (SB7) was passed into law which allowed the SBEC to withhold pension benefits for educators convicted for this offense under §824.009.

Molestation is defined under the Texas laws as any crime in which “…indecency, sexual contact, or sexual abuse…” occurs with any victim who is less than 17 years old. If the victim is less than 14 years old, the punishment is more severe. A person may be convicted of molestation even for a failure to act to stop or prevent the sexual exploitation of a child.

Statutory rape (Texas Penal Code § 21.011) is one of the few instances when the element of intent in the commission of a crime is somewhat obviated. The crime occurs when sexual assault is committed by an adult on a child who is less than 17 years old and is not married to the accused. For all intents and purposes, the act may be “consensual” but, as the minor has not yet attained the age of consent, in the eyes of the law no such consent could have been obtained by the accused. It is a second degree felonious offense with punishment ranging from 2 to 20 years incarceration and a fine of up to $10,000 depending on the circumstances of the case.

Aggravated sexual assault of a child. Aggravated sexual assault of a minor occurs when the accused brings the mouth, anus, or sexual organs in contact with those of a minor or causes the minor to do so to the accused or another person and the victim is less than 14 years old, was fed a date rape drug, the accused wielded a weapon or there are other aggravating factors. It is a serious first-degree felony that can attract a penalty of up to 99 years in prison and up to $10,000 in fines. If the child is below the age of 6, the minimum sentence is 25 years in prison.

2. Adult Sex Crimes. Basically, these are sex crimes involving adults which may or may not have an added element of physical assault. Generally, the statute of limitations on sex crimes in which the victims are adults is 10 years in criminal cases. Crimes under this sub-category are:

Misdemeanor sex crimes which include such charges as:

• Public lewdness (sexual or deviate sexual intercourse or sexual contact in public in reckless disregard of presence of others who may be offended – Class A misdemeanor), 
• Prostitution (first offense) (defendant offers service for sexual conduct to another person in return for consideration – Class B misdemeanor; if it is a repeat offense, it is charged as a Class A misdemeanor or felony), 
• Solicitation of prostitution (attempting to induce another to participate in sexual conduct in return for consideration – Class B misdemeanor; if a repeat offender, Class A misdemeanor or felony), 
• Voyeurism (viewing a victim for sexual gratification without consent when the victim is in a location or dwelling in which he/she would have a reasonable expectation of privacy – Class C  misdemeanor unless accused has had 2 or more previous convictions of the same nature or the victim is less than 14 years of age), 
• Harassment (unwarranted and unwanted contact by the accused which may be sexual – Class B misdemeanor unless accused has prior indictments of the same nature),
• Indecent exposure (exposure of the accused with the intention to arouse sexual desire in another with a disregard for the alarm or offense the accused’s actions may cause in another – Class B misdemeanor) and 
• Homosexuality or Sodomy (deviate sexual behavior resulting in a sexual liaison with another person of the same sex, even if consensual. This is a Class C misdemeanor under Texas law even though it has been ruled unconstitutional by the Supreme Court in the classic case of Lawrence v. Texas. The law has however never been officially repealed by the state.

Aggravated Kidnapping (under Texas Penal Code §20.04) is committed by any individual who kidnaps another with the intention of sexually abusing or violating the victim. It is a first degree felony offense punishable by between 5 and 99 years in prison unless the accused can establish to the court that the victim was voluntarily released in a safe place. Where this is established in favor of the accused, the offense is reduced to a second-degree felony charge which attracts a sentence of between 2 and 20 years in prison as well as a fine.

Prohibited Sexual Conduct is defined under the law as the commission of an act of sexual intercourse or deviate sexual intercourse with either the accused’s ancestor or descendant by blood or adoption, stepchild or step-parent while a validly subsisting marriage which creates the relationship in question still survives, or parent’s brother or sister, which may be by whole or half blood or in the alternative either blood or adopted brother or sister to the accused or children of said blood or adopted sibling. This offense is a 3rd-degree felony under the law and is punishable by 2 to 10 years imprisonment.

Sexual assault, which is more commonly referred to in other jurisdictions as “rape” (Texas Penal Code §22.011) is the performance of a sexual act with a person without the person’s consent, or the continuation of such an act after consent has been withdrawn. Fort Worth crime records submitted to the Uniform Crime Reporting Program (UCR) for the year 2019 show that there were 470 incidents of rape reported by law enforcement authorities. Under Texas laws, it is a second degree felony which can attract a fine of up to $10,000 and/or between 2 and 20 years in prison. In addition, if convicted the perpetrator may be registered as a sex offender.

Aggravated sexual assault (Texas Penal Code §22.021) is the crime of sexual assault coupled with the added element of the use of force, violence, or the threat of violence (either against the victim or someone else) or injury. This is a first degree felony which attracts a minimum prison term of 5 years as well as up to $10,000 in fines. The maximum sentence for this offense is 99 years. Persons convicted of this offense are usually (although not always) also required to register as sex offenders.

What Crimes Require Sex Offender Registration in Fort Worth?

As mentioned earlier, certain offenders may be entered into the Registry of Sex Offenders. This is essentially a list of every suspect convicted of a sex offense in a state. Most sex offender registries contain the offender's address, physical appearance, and criminal history, and may also contain a picture of the offender to ensure certainty in identification. Most lists also disclose details of the offense the offender was convicted for. The registry of sex offenders in Fort Worth allows residents to search for registered offenders using names and addresses.  Errors may also be highlighted so that the database can be updated.

Generally, Texas statutes have much more stringent registry requirements than federal law provisions, e.g. in cases of burglary with intent to commit a sexual offense(s), federal law provides for registration for a period of 15 to 25 years, which varies according to the nature of the sexual offense and the facts of each case. However, under Texas law, the offender, if convicted, is mandated to be entered in the sex offenders’ registry for the rest of their life.

What is a Sex Crimes Defense Attorney?

A sex crimes lawyer is a person who has the requisite experience and, training in defending accusations of sex crimes. There are many technical aspects of the procedural process that a sex crimes lawyer will be familiar with, non-compliance with which may be used to secure an acquittal of the suspect. In addition, there may be unique or rarely encountered defenses or circumstances that the sex crimes attorney may be aware of that could serve the accused in the defense of their case. These include:

• Reviewing scientific evidence, where available.
• Suppressing illegally or improperly obtained evidence or testimony.
• Investigating motives and inducements of opposing witnesses.
• Establishing innocence through alibis or conflicting evidence of the prosecution.

How does a Sex Crime Defense Attorney Work?

A sex crimes defense attorney will usually take a crack at preventing the accused from being charged to court in the first instance. As a formal charge (or even the scandal associated with such an accusation) still carries an element of public humiliation, this is the most desirable outcome. However, in cases in which this outcome is not possible, the attorney will thereafter investigate the likelihood of successfully applying other options which will result in outright acquittal or at least in reduced charges or count of offenses. The most commonly used defenses against a sex crimes charge are briefly outlined below:

• Innocence: This defense is only applicable under certain conditions but is essentially a straightforward rebuttal that the defense uses to prove that the defendant did not commit the crime they’re being accused of. The usual means of proving innocence may involve establishing an alibi, which can prove that the accused was not with the victim or at the scene when the alleged offense took place. Alibis can be proved by various means, including private or public surveillance, phone or computer records, receipts from stores, etc. These will typically be coupled with witness testimony. However, using an alibi is only effective when there is no DNA evidence linking the accused to the crime. It should also be noted that besides using an alibi, the suspect may also be able to establish through credible evidence that there has been a case of mistaken identity.
• Insanity or Mental Incapacity: Intent is an important factor in determining culpability in sex crime accusations is  The defendant must form the mental goal of knowingly committing a sex act with the victim without the victim’s knowledge and/or consent. Therefore, in the admittedly rare instances where the accused can prove that they experienced involuntary intoxication or suffered a psychotic episode, the defence of insanity or mental incapacity would be applicable. However, this would be inapplicable in instances relating to voluntary intoxication, ‘heat of the moment acts of passion such as hatred, anger, revenge, etc., or moral apathy, the defense would not be applicable because these would still leave the defendant responsible for the consequences of their actions.
• Consent: Another common defence arises when the defendant alleges that the act(s) in question was consensual. In other words, the defendant does not dispute the occurrence of the sexual acts but alleges that the victim consented to them. In most instances, if the accused can establish this it will result in an acquittal. The exceptions to this are of course when the victim is a minor and is statutorily unable to freely consent, or is otherwise mentally incapable of giving consent at the time the act in question was committed, either as a result of a state of intoxication or mental disability. Consent is a challenging defense, however, as it is rarely possible to get unassailable, direct, and incontrovertible evidence of consent. Attempts to imply consent using, for example, the victim’s previous sexual conduct or demeanour at the time may also prove detrimental as it may usually be construed as blaming the victim or defaming the victim’s character.
• Age: In sex crimes cases involving minors, where the attorney can establish that the accused is less than 17 (and is therefore technically a minor under Texas law) he or she will not be charged for the offense under the Romeo and Juliet limitation of the statutes. In essence, this is a limited defense that exculpates accused persons who are minors or are adults who are less than 3 years older than the victim, as long as the alleged victim is at least 14 years of age. In the event that the accused is more than three years older than the victim in question, they may nevertheless be afforded some protection under the Romeo and Juliet laws by exempting them from being entered in the Sex Offenders Registry if they meet certain criteria, i.e. the victim is no more than 4 years younger than the accused and is at least 15 years of age. Such an accused will however still be liable for the offense of statutory rape. An accused will also be acquitted if he can prove he is married to the victim even if the victim is under 17 years of age.
• Statute of Limitations: As mentioned earlier, where the victim of the crime is an adult, the accused may be able to avoid criminal charges altogether if the statute of limitations for the particular offense has lapsed. In sex crimes cases, the limitation period in Texas is 10 years from the date of the commission of the offense for criminal cases.