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Pros and Cons of continual sex abuse statute Login/Join 
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Now that it has been in use for a while, what are you seeing as the pros and cons of using this statue?

Do you ever combine counts -- such as continual alleging sexual assault in one count and a separate count of aggrevated?
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
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I have not charged a continuous with separate counts. What I have done is ask for a lesser included of aggravated sexual assualt/Indecency when we submit to the jury. The con to that is that it lowers the punishment range.

Another con I have come across is with younger defendants. Usually, they have a difficult time nailing down dates and time frames. So, if I can, I charge counts of super-agg sx assault.

The pro is that the charge itself seems to be more intimidating to defense attorneys, and judges seem to be more willing to let in all of the pertinent sex acts that occurred (as opposed to making the erroneous ruling that they would be deemed extraneous offenses even when notice is given).

Hope this helps.
 
Posts: 16 | Location: Corpus Christi, Texas 78413 | Registered: December 18, 2008Reply With QuoteReport This Post
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