23 Jul 2013
An item appeared in numerous newspapers in and around Austin last week, reporting on a Killeen man who has been charged with indecency with a child. None of the articles provided any information on the alleged indecency itself, although they did supply a few of the surrounding details in the case. Here is what allegedly transpired, according to one of the reports.
The alleged victim has come forward, stating that the suspect engaged in sexual contact with her. The event, according to her, took place about five years ago in Coryell County, when she was seven years old. The suspect, now 26, was 21 years old at the time.
The case involves an offense under section 21.11 of the Texas Penal Code. Specifically, section 21.11(a)(1) defines the offense of indecency with a child by contact. The elements of the charge are (a) sexual contact with a child, or causing a child to engage in sexual contact; (b) where the child is under the age of 17. In certain cases, it is a defense to the charge if the actor is not more than three years older than the victim, although that defense appears not to be applicable in this case. Sexual contact can consist of numerous actions, providing they were committed with the intent to gratify sexual desires, including any touching (even through clothing) of the breast or genitals of the child.
This case presents some issues for the prosecution and the defense, primarily related to the long time lag between the alleged offense and its disclosure years later. Evidence will be hard to come by, and may consist merely of the statement by the child as to what she believes occurred. From the defense point of view, while the time lag may be helpful in that respect, setting forth an alibi, for example, would be extremely difficult. Both sides may also suffer through the unavailability, as the result of the passage of time, of witnesses to corroborate statements by the prosecution or the defense.
Of course, there is much we don’t know about the allegations, and we will have to await further developments as the case moves forward.
Law Office of David D. White, PLLC
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Austin, TX 78701
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