Accused of Child Sexual Assault as a Stepparent? Talk to a Texas Defense Lawyer Now

A stepparent accused of child sexual assault in Texas can face a criminal case, a CPS investigation, or both. An accusation is not a charge, and the path depends on the facts. This guide explains the charges, how these cases usually unfold, and what a defense lawyer reviews.

Stepparents, live-in partners, grandparents, aunts, uncles, and cousins can all find themselves in this position. So can a parent who must decide what to do when a child names their partner.

Who This Guide Covers and What an Accusation Means

An accusation starts a process, but it doesn’t decide the outcome. A report may come from a child, a parent, a school employee, a doctor, or a CPS call. Depending on the facts, it may lead to a CPS investigation, a police investigation, a criminal charge, or no charge at all.

Texas defines a household without regard to blood or legal ties. The Family Code describes a household as “a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other” (Family Code § 71.005). Family violence also covers certain defined kinds of abuse by a member of a family or household toward a child of the family or household (Family Code § 71.004). A live-in partner or stepparent can fall inside these rules.

Charges a Stepparent or Relative May Face in Texas

The charge depends on the conduct alleged, the child’s age, and what the State can prove. The main categories include the following.

• Sexual assault of a child. A child is anyone younger than 17. The age rule applies even if the accused did not know the child’s age (Penal Code § 22.011). The offense is generally a second-degree felony. The statute also includes affirmative defenses, such as one tied to a small age gap, when specific conditions are met.
• Aggravated sexual assault of a child. This is a first-degree felony (Penal Code § 22.021). Under Penal Code § 22.021, the offense includes conduct where the person causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode, uses or exhibits a deadly weapon in the course of the same criminal episode, or commits the offense against a victim younger than 14 years of age, regardless of whether the person knows the victim’s age. Under Penal Code § 22.021, the minimum term of imprisonment 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. Under Penal Code § 12.32, a first-degree felony carries imprisonment for life or for a term of not more than 99 years or less than 5 years, and in addition to imprisonment, may be punished by a fine not to exceed $10,000. The 25-year minimum that applies to some of these cases comes from Penal Code § 22.021(f) and does not apply to every first-degree felony.
• Continuous sexual abuse of a young child. This requires two or more acts of sexual abuse over 30 or more days. Under Penal Code § 21.02, the actor must be 17 years of age or older at the time of each act of sexual abuse, and the victim must be a child younger than 14 years of age or a disabled individual. It is a first-degree felony.
• Indecency with a child. Under Texas Penal Code § 21.11, this offense involves a child younger than 17 years of age. It covers engaging in sexual contact with the child, or causing the child to engage in sexual contact, if the contact is committed with the intent to arouse or gratify the sexual desire of any person. It also covers, with intent to arouse or gratify the sexual desire of any person, exposing one’s own anus or any part of one’s genitals while knowing the child is present, or causing the child to expose the child’s anus or any part of the child’s genitals. Sexual contact is a second-degree felony. Exposure is a third-degree felony.

Each count is judged on its own elements. A lawyer reviews every charge separately.

How These Cases Usually Unfold

Most cases move in steps, from a first disclosure to a charging decision. The sequence below is general, and timing varies from case to case.

1. Disclosure. A child tells a parent, teacher, or doctor. A report to CPS or police often follows.
2. Forensic interview.
3. Investigation. Police may interview the child and other adults. They may also collect messages, photos, and records.
4. Arrest and bond. Bond conditions can limit contact with the child, the household, and other minors. Violating certain bond conditions in family violence and sexual assault cases, where the conditions relate to the safety of a victim or the community, can be a separate offense.

What the Defense Looks At in a Family Case

A defense starts with the evidence and the timeline, not the accusation alone. In household cases, small daily details often matter. Key areas include:

• The interview recording. How were questions asked? Did the child’s account change over time?
• The timeline. Work shifts, travel, custody schedules, and who was home on the dates alleged.
• Medical records. Do the exam findings match the allegation as stated?
• Other statements. What did parents, relatives, school staff, and CPS caseworkers say, and when?
• Family context. Custody disputes, divorce, or conflict may have shaped the report. Those facts are documented and tested, not assumed.

Before a first meeting, gather any paperwork you already have. That includes CPS letters, bond papers, and texts. Write down what you said to anyone, and when.

Family Issues That Come Up Alongside the Criminal Case

The criminal case often changes where the accused sleeps, who they see, and how the family talks. These issues run alongside the charge.

• Bond and no-contact conditions. They can keep someone out of their home and away from their own children. Violating them may create a second charge (Penal Code § 25.07).
• Contact through a lawyer. The statute carves out communication made through the person’s attorney or a court-appointed person, but only for the offense of communicating in any manner with a protected individual or a member of the family or household where the order prohibits any communication. Plan any contact with counsel first.
• The CPS case. CPS runs on its own track, with separate records and timelines.
• Communications. Texts, social media posts, and talks with family or school staff can become evidence. Plan them early.
• Household decisions. Housing, childcare, and contact with children during the case need a plan.

What to Expect From the First Consultation Through the Case

The process starts with a free, confidential initial consultation, with no obligation to continue. From there, the work moves in clear stages.

1. Consultation. We review the accusation, your paperwork, and your bond status.
2. Evidence review. We request discovery, including interview recordings, reports, and records. We note what is missing.
3. Strategy. We explain the options the facts support, the risks of each, and which decisions belong to you.
4. Court. We handle pretrial hearings and motions, and we explain each one as it happens.
5. Resolution. Trial, plea, dismissal, or another result depends on the facts, the evidence, and the law. No lawyer can promise a particular result.

Timelines vary by county, court schedule, and case complexity. We give estimates after reviewing the case.

Why Barbieri Law Firm Handles These Cases

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas. Its lawyers include Heather Barbieri and Carrie Thomas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads the firm.

Our work centers on the evidence. We review recordings and records closely, and we explain each decision in plain language.

Frequently Asked Questions

Who decides whether a stepparent is charged