Juvenile Sex Crimes Unit:
The Role of Law Enforcement In The Investigation of Sexual Abuse of Children

Under Texas law, certain civil and criminal statutes exist with the intended purpose of protecting children from sexual abuse. The duty of law-enforcement in child sexual abuse cases, in addition to protecting children, is to enforce relevant criminal (penal) laws. Penalty categories for violating criminal child sexual abuse laws range as high as first degree felony, subject to punishments as severe as 99 years or life in prison. Furthermore, offenders convicted of sex offenses against children must register with local police and their presence in the community must be made known to the public (see section on Sex Offender Registration).

Since many sexual abuse cases occur within the family, investigations are often conducted jointly by police and protective services caseworkers. While police investigators focus on the criminal aspect of a child sexual abuse investigation, protective services caseworkers operate under the authority of civil law (Texas Family Code) and focus on steps necessary to protect the victim and his or her siblings from further abuse.

The Sexual Abuse Unit of the Houston Police Department’s Juvenile Division investigates sex offenses committed by or against juveniles and children. This unit consists of three squads, two of which operate from the Stringfellow Police Station at 8300 Mykawa Road. The third squad is assigned to the Children’s Assessment Center at 2500 Bolsover. This squad primarily investigates cases that occur within the family.

Because sexual abuse investigations are quite complex in nature, they often involve professionals from many disciplines, including law-enforcement, protective services, medicine, psychology, forensics and prosecution. The Children’s Assessment Center of Houston is a joint operation involving professionals from these disciplines, plus specialized interviewers and others who provide services to abuse victims in a protective, child-friendly environment.

In most cases of this nature, children are enticed or deceived into participating in sexual activities with adults. Such relationships are usually cultivated carefully by offenders; force and threats of violence or harm are rarely used to gain the child’s submission. Regardless, Texas law recognizes the child as the victim, even if the relationship is seemingly consensual. This is because the child victim usually does not possess maturity sufficient to give informed consent when entering into a sex act.

CRIMINAL LAWS AGAINST SEXUAL ABUSE OF CHILDREN

The following Penal Code sections are most frequently used by police to prosecute sexual abuse of children. Summaries of relevant aspects of these laws are provided here for general information. For further information, click on the highlighted Penal Code (PC) references to view the law in its entirety. Remember that application of a specific statute is affected by the intent of that statute and by historical judicial review (case law).

INDECENCY WITH A CHILD   PC 21.11

It is an offense for a person, with a child 17years of age or younger and not his spouse, whether the child is of the same or opposite sex, to:

• engage in sexual contact with the child; or

• expose his anus or genitals or any part of his genitals with intent to arouse or gratify the sexual desire of any person.

"Sexual contact" as used here is defined by PC 21.01 as "touching the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person."

INDECENCY WITH A CHILD is the criminal charge most frequently filed in child sexual abuse cases. Penalty categories range from third degree felony to second degree felony.

SEXUAL ASSAULT   PC 22.011

It is an offense for a person to intentionally or knowingly:

• cause the penetration of the anus or female sexual organ of a child by any means;

• cause the penetration of the mouth of a child by the sexual organ of the actor;

• cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

• cause the anus of a child to contact the mouth, anus or sexual organ of another person, including the actor; or

• cause the mouth of a child to contact the anus or sexual organ of another person, including the actor.

For purposes of this statute, "child" means a person younger than 17 years of age who is not the spouse of the actor. By virtue of the victim’s age, Texas law recognizes the child as a victim regardless of consent. Certain defenses are provided by law in cases involving victims 14 – 16 years of age, as well as actors no more than three years older than the victim. Certain defenses are also provided for legitimate medical procedures. Refer to the complete text of PC 22.011 for further information.

SEXUAL ASSAULT involving a child victim constitutes a second degree felony.

AGGRAVATED SEXUAL ASSAULT   PC 22.021

Under PC 22.021, any offense described above under PC 22.011 (Sexual Assault) becomes a first degree felony if the victim is younger than 14 years of age, regardless of consent, or if the offense involves any elements, such as serious bodily injury, fear of death or serious bodily injury, kidnapping, use of a weapon, etc., that would constitute aggravated sexual assault against an adult victim. Refer to the complete text of PC 22.021 for further information.

AGGRAVATED SEXUAL ASSAULT is a first degree felony.

PROHIBITED SEXUAL CONDUCT   PC 25.02

This statute applies to incestuous relationships, whether by blood or by law. As applied to incest, a person commits and offense if he engages in sexual intercourse or deviate sexual intercourse with a person he knows to be, without regard to legitimacy:

• his ancestor or descendant by blood or adoption;

• his stepchild or stepparent, while the marriage creating that relationship exists

• his parent’s brother or sister of the whole or half blood;

• his brother or sister by the whole or half blood or by adoption; or

• the children of his brother or sister of the whole or half blood or by adoption

Generally, law-enforcement officers investigating child sexual abuse cases involving family members elect to prosecute such cases as Sexual Assault or Aggravated Sexual Assault, rather than Prohibited Sexual Conduct, since sexual assault statutes recognize the child as the victim, regardless of consent. PROHIBITED SEXUAL CONDUCT can be filed on both parties in an incestuous relationship if the parties are consenting adults.

PROHIBITED SEXUAL CONDUCT is a third degree felony.

SEXUAL PERFORMANCE BY A CHILD  PC 43.25

• Employing, authorizing, or inducing a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child commits an offense if he consents to the participation by the child in a sexual performance.

• Producing, directing, or promoting a performance that includes sexual conduct by a child younger than 18 years of age.

A number of definitions and defenses are included in the above statute. Refer to the complete text of PC 43.25.

Penalty categories for SEXUAL PERFORMANCE BY A CHILD range from third degree felony to second degree felony.

POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY PC 43.26

Possession or promotion of visual material that visually depicts a child younger than 18 years of age engaging in sexual conduct. This applies to photographs, negatives, film, videotape, computer disk/diskette, printed material, etc. Various legal definitions and defenses are included in this statute. Refer to the complete text of PC 43.26.

Penalty categories for POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY range from third degree felony to second degree felony.

In addition to the above Texas penal Code laws relevant to sexual abuse of children, the Texas Family Code mandates criminal sanctions for failure to report child abuse. Refer to our section on The Role Of Law Enforcement in the Investigation of Physical Abuse and Neglect of Children for further information,