Failure to Stop or Report Aggravated Sexual Assault of Child
  • Avvo
  • TCOD
  • Super Lawyers
  • TCT
  • D-MTBL

Failure to Stop or Report Aggravated Sexual Assault of Child

Posted On - October 10th, 2012 | By Tim Clancy | Category - Assault

Not Reporting or Trying to Stop the Sexual Assault of a Child is a Serious Crime in Texas

As more and more information comes to light regarding the Penn State Sandusky sex scandal, an outraged public is demanding answers as to why something wasn’t done sooner to investigate and arrest those involved. In Texas, it’s a Class A misdemeanor if you fail to report a sexual assault against a child:

Texas Penal Code § 38.17. “FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD. (a) A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if:

  1. the actor observes the commission or attempted commission of an offense prohibited by Section 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child;
  2. the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and
  3. the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.
    (b) An offense under this section is a Class A misdemeanor.

Charged with a Failure to Report Child Sexual Assault

The sexual molestation of a child is beyond reprehensible. As a result, those accused of failing to take action to prevent a sexual assault against a minor are often convicted in the court of public opinion before they’ve ever had a fair trial. However, there can be extenuating circumstances involved that prevent an adult from reporting child molestation. For example, in a family situation there may be the threat of violence or it may not be clear initially that a sexual assault has occurred.

For these reasons, it’s important to consult an experienced criminal defense attorney link to if you’ve been arrested on charges of failing to report or stop a sexual assault against a child.

Dallas Criminal Sex Charges Attorneys – Clancy & Clancy

Investigators won’t tell you everything they know when they ask to talk to you. If investigators or representatives from Child Protective Services have contacted you, you may be a person of interest in an ongoing criminal investigation involving child sexual molestation. As a result, don’t assume that what you say won’t be used to build a case against you later. To protect your rights, contact Dallas criminal sexual offense attorneys at Clancy & Clancy today.

Leave a Reply