Accused of Child Sexual Abuse? Talk to a Lawyer Before You Talk to Police

Should I talk to police about child sexual abuse accusation Texas? The short answer is that it depends on your role. An accused person, a parent or caregiver, a mandatory reporter, and a witness each face different duties and risks. This guide explains how Texas law treats each role, so you can ask better questions before you speak to anyone.

The Short Answer Depends on Your Role

Whether you should speak with police depends on your role in the matter. Each role carries different rights and duties.

If you are the accused person, you have rights that other people in the matter do not have. If you are a parent or caregiver, your main concern is reporting and protecting the child. If you are a mandatory reporter, you may have a legal duty to report. If you are a witness, a statement you give may matter later.

A child’s disclosure, a police call, or a visit from a child protective caseworker can start this process. No charge has to be filed first. This guide explains general Texas law and the questions to ask. It is not advice about your own facts. For the full picture, read our child sex crime charges guide.

What Texas Law Counts as Child Sexual Abuse

Texas law covers several child sex offenses. The charge turns on the conduct, the child’s age, and the circumstances.

Indecency with a child covers sexual contact or exposure involving a child younger than 17, if committed with the intent to arouse or gratify the sexual desire of any person. Sexual contact is a second-degree felony. Exposure is a third-degree felony. See Texas Penal Code § 21.11. The statute also sets out an affirmative defense in some cases. It applies when the actor was not more than three years older than the victim, used no duress, force, or threat, and meets the registration conditions in the statute.

See Texas Penal Code § 22.011.

Aggravated sexual assault is a first-degree felony. The minimum term of imprisonment for an offense under this section is increased to 25 years if the victim of the offense is younger than 10 years of age at the time the offense is committed, or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). Texas Penal Code § 22.021 See Texas Penal Code § 22.021.

Continuous sexual abuse of a young child requires two or more acts of sexual abuse over a period of 30 or more days. It is a first-degree felony. See Texas Penal Code § 21.02.

An accusation is not a charge. Police may investigate an accusation, and a charge is a separate step. Keep that difference in mind as you read the rest of this guide.

Who Must Report Suspected Child Abuse in Texas

Knowing which role applies to you is the first step.

The Texas DFPS abuse reporting page explains how to report. The page notes that penalties can apply for failing to report.

The Children’s Advocacy Centers of Texas educators guide covers school employees’ reporting duties. It also explains what happens after a report, including DFPS and law enforcement involvement.

A report is not the same as a police interview. Reporting means telling the right agency what you know. A detailed interview with police is a separate step. If you are unsure whether to agree to one, talk with a lawyer first.

If You Are the Person Accused: Rights Before Any Interview

Whether a conversation is custodial depends on the facts. Don’t assume a warning will come before you speak.

Many people in this position choose to wait. They want a lawyer to review the accusation, the file, and any statements already given. A lawyer can contact investigators on your behalf to discuss scheduling and next steps.

Two common mistakes stand out. The first is filling silence with details about dates or places. The second is treating a friendly conversation as harmless. Speaking early without advice can shape a case in ways that are hard to undo.

If You Are a Parent, Caregiver, or Relative of the Child

A parent or caregiver can report a child’s disclosure to law enforcement or to the state’s child protective agency. The Texas DFPS parents’ guide explains the Child Protective Investigations process.

Reporting is different from questioning the child. Repeated, leading questions from family members can affect how a child’s account is later viewed. Trained interviewers are the people who should ask the child detailed questions.

If you are also a witness, or could be treated as someone involved, talk with a lawyer before you give a statement to police. Your statement can matter as much as the child’s.

Write down what the child said, when, and in the child’s own words, as soon as you can. Keep that note private and share it with your lawyer.

How Police and CPS Investigations Can Run at the Same Time

A single report can bring in both a CPS investigation and a police investigation. The Children’s Advocacy Centers of Texas educators guide describes what happens after a report, including DFPS and law enforcement involvement.

These are separate processes with different purposes. CPS focuses on child safety. Police and prosecutors look at possible crimes. Each process can reach different results.

The DFPS parents’ guide explains each step of a CPS investigation. Going to a CPS interview does not answer police questions. Ask each agency who is calling, what it is investigating, and whether the conversation is being recorded.

Keep a timeline of every contact. Note the date, time, agency, names, and what was said. Review that timeline with a lawyer before you respond further.

Conduct That Can Hurt Your Position While the Matter Is Open

Contacting the accuser or breaking a court order can create new criminal exposure. Under Texas Penal Code § 25.07, knowingly or intentionally violating a protective order or bond condition in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case is an offense when the violation is related to the safety of a victim or the safety of the community. Threatening or harassing communication is one example.

That offense becomes a third-degree felony when the violation involves committing an assault or stalking.

Courts can act fast. Under Texas Code of Criminal Procedure art. 7B.002, a court may issue a temporary ex parte order without further notice or a hearing if it finds a clear and present danger. See Texas Code of Criminal Procedure art. 7B.002.

A temporary ex parte order may be issued for the protection of the applicant or a family member when there is a clear and present danger; the scope of what a protective order may bar is in Texas Code of Criminal Procedure art. 7B.005. It may also bar going near a residence, school, or child-care facility. See Texas Code of Criminal Procedure art. 7B.005.

Assume that posts and messages about the accusation can be read by investigators and others. Don’t post about it. Don’t ask friends to pass along messages. Before you delete anything, ask a lawyer first.

Time Limits and Next Steps for a Texas Family

Some Texas child sex offenses have no limitations period, but the rules depend on the offense. Texas Penal Code § 12.01 provides that a person adjudged guilty of an offense is punished under the penalty chapter and the Code of Criminal Procedure, while limitations rules for certain child offenses are in Texas Code of Criminal Procedure art. 12.01. Indecency with a child and continuous sexual abuse are on that list.

An offense with “aggravated” in its title generally carries the same limitation period as its primary crime, unless the chapter provides otherwise. See Texas Code of Criminal Procedure art. 12.03.

Texas Penal Code § 12.03 classifies misdemeanors into Class A, Class B, and Class C according to the relative seriousness of the offense; it does not address charges for offenses without a limitations period. Dates still matter, so review them with counsel.

If a child’s disclosure or a police call has you asking what to do next, you don’t have to sort it out alone. Call Barbieri Law Firm at (972) 424-1902 or send us your case details. The first consultation is free, confidential, and carries no obligation to continue.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.