CONTINUOUS SEXUAL ASSAULT OF A CHILD
According to a recent article in the Palestine Herald-Press, a former Texas Department of Criminal Justice correctional officer has been indicted on multiple counts of sexual misconduct. David Wayne Green, 39, of Palestine, Texas, was indicted by the grand jury on January 19th on three counts of sexual assault of a child and a single count of continuous aggravated sexual assault of a child, according to Anderson County District Attorney Doug Lowe.
Continuous aggravated sexual assault of a child is a fairly new criminal charge in the state of Texas, only going into effect in 2007. District Attorney Lowe described it this way: “If you (sexually) assault a child for a period of time over 30 days and the child is under 14, it constitutes continuous aggravated sexual assault.” He said that the significance of the charge is that it puts a floor of 25 years as the minimum possible sentence. Such a difference represents a major push by law enforcement to get aggressive with suspect child abusers.
Prior to his arrest, Green worked as a correctional officer at the TDCJ’s Coffield Unit in Tennessee Colony. Green’s victim, a female, was under the age of 14 during the period when the abuse began.
In Texas, sexual assault of a child is typically classified as a second-degree felony. However, here the counts against Green have been enhanced by one degree and were indicted as first-degree felonies.
The abuse by Green began at an Anderson County residence in April of 2009 and continued over a span of more than two years, finally ending in April of 2011. Lowe said that as a result of good work on the part of investigators from the TDCJ, Green’s trial will likely be held this year, hopefully during the summer, thus quickly putting this terribly painful issue to rest for the victim.
Green remains in the Anderson County Jail after bond was set at $500,000.
Broden and Mickelsen have successfully defended clients charged with sexual assault of a child. Unfortunately, this is the type of offense for which a person stands the greatest chance of being falsely accused given that the accuser is ordinarily a small child and allegations are often made during custody or divorce disputes. Nevertheless, because of the nature of the charges, juries want to believe the child. For our approach in winning these cases please see our earlier post at Winning a Sexual Assault of a Child Case