Incest

Any criminal case that contains accusations that are sexual in nature is going to have grievous consequences. For example, incest is prohibited in Texas and anyone who is convicted of the crime will face up to 20 years in prison and stiff fines.

Depending on the circumstances of the crime, many individuals charged with incest are also charged with other serious sex crimes, such as child abuse, rape, or child molestation. If you or someone you know has been charged with incest, it is vital that you have a Texas incest defense attorney to represent you when you go to court.

Texas Incest Lawyer, Austin

If you’ve been accused of incest in Texas, The Law Office of Jackson F. Gorski may be the right choice for your case. Jackson Gorski is a passionate defender and has years of experience to prove it. He can examine the allegations, collect evidence, file motions and do whatever it takes to represent you effectively.

The Law Office of Jackson F. Gorski serves clients accused of sex crimes in Travis County, Williamson County, Bell County, Bastrop County, Blanco County, Caldwell County, Hays County, Milam County, and Burnett County. Contact The Law Office of Jackson F. Gorski at 512-960-4646 to schedule a free consultation today.


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Information Center


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Incest in Texas

Incest is a crime in Texas. It is a felony offense, and it comes with severe consequences. The state may charge an individual with incest under § 25.02 if the individual engages in sexual conduct with a person who’s their relative through blood or adoption. But the individual may be charged even if formal adoption hasn’t occurred, such as in a family dynamic where the individual is the step-parent, step-child, or step-sibling. In other words, it’s against the law to have sex with the individual’s mom, dad, sibling(s), aunt, uncle, cousin, or any ancestor or descendant through blood or adoptive relation.


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Penalties for Incest in TX

If the incestual act happened between the individual and a parent or child, the individual may spend up to twenty years behind bars and pay a fine of up to $10,000 if a jury finds the individual guilty. If it happened between the individual and a relative who wasn’t a parent or child, such as the individual’s cousin, the judge may sentence the individual to up to ten years in state prison and make the individual pay a fine of up to $10,000.

If the alleged victim states that this sexual act was unwanted, the state may also add a rape charge to the individual’s incest charge. Thus, the penalties and sentencing will be harsher if the accusation of sexual assault becomes an issue. For example, the individual will have to register as a sexual offender if a jury convicts the individual of simple or aggravated sexual assault. Likewise, if someone alleges the individual committed incest with a minor or engaged in prohibited sexual contact, including incest, the individual will have to register on the sexual offender’s registration list.


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Defenses for Incest in TX

There are defenses to an incest charge at the individual’s disposal. Of course, it is always in the individual’s best interest to speak to a seasoned Texas criminal defense attorney. A criminal defense lawyer in Texas will devise a specific defense for the individual’s case.

Common defenses to this crime include, but are not limited to:

  • False testimony
  • Lack of evidence
  • Inconsistent medical testimony
  • Inconsistent witness testimony
  • The adoptive or step-relationship occurred after the sexual activities

Please note that marriage is not a defense. Marrying a parent, child, or first cousin is still an incest offense.


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Statute Of Limitations

As with most crimes, the state must file charges against an individual by a specific date. If this date passes, the state is barred from filing these charges unless an exception applies. For incest charges, the state has five years from when the crime supposedly occurred to bring charges.

However, this clock only begins to run once the victim is at least eighteen years old. The clock only starts to run once the age of majority is reached. Therefore, if the act happened while a person was six years old, the individual can’t argue that the statute of limitations has run out when that child turns eleven.


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Additional Resources

Sex Offender Rehabilitation Programs – The Texas Department of Criminal Justice’s website lists educational and treatment programs for sex offenders in Texas.

Consulting Services At RAINN – The Rape, Abuse & Incest National Network’s website informs readers of the services it offers and describes how its consulting, assessment, and training services operate to reduce sexual harm.


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Travis County Incest Lawyer, TX

Have you been accused of incest? If so, then we highly suggest you have legal representation fit for the job. One great option is to contact The Law Office of Jackson F. Gorski for quality legal counsel. Jackson Gorski at The Law Office of Jackson F. Gorski is an experienced attorney who has years of experience in criminal law that he can utilize for your case.

The Law Office of Jackson F. Gorski serves clients in Austin, Georgetown, Anderson Mill, Georgetown, Lockhart, Jollyville, Round Rock, Kyle, Lakeway, Cedar Park, Taylor, Canyon Lake, and Seguin, TX. Schedule your first consultation today with The Law Office of Jackson F. Gorski by calling 512-960-4646.


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