The Short Answer
When a child makes an allegation of sexual abuse in Collin or Denton County, two investigations usually start at the same time: a criminal investigation by police and a civil investigation by Child Protective Services (CPS). The child will typically be interviewed on video at a children’s advocacy center while investigators watch. If you’re the person accused, don’t speak with police or CPS about the allegation until you’ve talked to a criminal defense lawyer, follow any safety plan you’re given, and don’t discuss the allegation with the child or the family.
How These Investigations Usually Begin
Most cases start with what Texas law calls an outcry, the first time a child describes the alleged abuse to an adult. That adult may be a parent, teacher, counselor, or doctor, and many of them are required by law to report it. The report goes to law enforcement, CPS, or both. In Texas, the outcry witness can testify at trial about what the child said, which is an exception to the usual rule against hearsay.
The Forensic Interview
After a report, the child is usually scheduled for a forensic interview at a children’s advocacy center. Collin County’s center is in Plano, and Denton County’s is in Lewisville. A trained interviewer talks with the child in a child-friendly room, and the interview is recorded. Police officers, CPS caseworkers, and sometimes prosecutors watch from another room.
Forensic interviews are designed to avoid leading questions, but they don’t always go by the book. How the questions were asked, whether the child had already been questioned repeatedly by family members, and what the child said before the interview can all matter. A careful defense includes a close review of the recording, often with help from an expert in interviewing techniques.
The child may also have a medical exam. These exams often show no physical findings either way, so cases frequently depend on the child’s statements and other evidence.
The CPS Investigation
CPS’s job is to decide whether the child is safe at home. A caseworker may ask you to agree to a safety plan, which can require you to leave the home or have no unsupervised contact with children while the investigation continues. CPS investigations are civil, but anything you tell a caseworker can be shared with police and prosecutors. Because a CPS case can also affect custody and your relationship with your children, you may need both a criminal defense lawyer and a family law attorney.
What the Charges Can Be
- Sexual assault of a child (child younger than 17): generally a second-degree felony, 2 to 20 years in prison
- Aggravated sexual assault of a child (including any alleged sexual assault of a child younger than 14): a first-degree felony, with mandatory minimum sentences in some cases
- Indecency with a child (sexual contact or exposure): a second- or third-degree felony
- Continuous sexual abuse of a young child (two or more acts over 30 days or more): a minimum of 25 years in prison, without parole
Most child sex offenses have no statute of limitations in Texas, and a conviction carries sex offender registration, often for life.
What to Do If You’re Accused
- Don’t talk to police or CPS about the allegation without a lawyer. Politely say your lawyer will be in touch.
- Follow any safety plan or court order exactly.
- Don’t discuss the allegation with the child, or ask family members to. This can look like an attempt to influence testimony and can lead to additional charges.
- Preserve records. Keep calendars, texts, emails, custody schedules, and anything showing where you were and who was present.
- If the accused is under 17, the case will usually be handled in juvenile court, which has its own procedures. See our juvenile defense page.
- Hire a defense lawyer early. Many of these cases are investigated for weeks or months before charges are filed, and early involvement can shape what happens next.
Frequently Asked Questions
Can I see the forensic interview video?
Not during the investigation. If charges are filed, your defense lawyer can usually review the recording as part of discovery, under strict rules.
The allegation came up during a custody dispute. Does that matter?
It can be relevant, and a defense lawyer will look at the full context in which the allegation was made. Every allegation is investigated seriously, though, so it’s important to respond through a lawyer and not on your own.
Should I take a polygraph to prove I’m innocent?
Not without legal advice. Polygraph results usually aren’t admissible in Texas courts, but anything you say before, during, or after the test can be used.
See also: accused of sexual assault in Texas: what to do right now.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you are being investigated for an offense involving a child, call before you talk with police or CPS. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our sex crimes defense practice.
