Robert M. Phillips Persuades Court To Sentence Continuous Sexual Assault Defendant To Less Than Half The Statutory Minimum

Another recent success for Robert M. Phillips! After a two-day hearing, Phillips secured a sentence of 10 years in prison for his client, on two concurrent counts of Indecency with a Child. He persuaded a judge to give less than half the 25-year statutory minimum on the indicted offense of Continuous Sexual Assault. Continuous Sexual Assault is a “special grade” felony in the Texas Penal Code, which carries a minimum statutory sentence of 25 years, and up to life in prison, all sentences without eligibility for parole. “Our client, himself, was a victim of horrific abuse as a child,” said Phillips, “and I think the judge sympathized with our testimony, which showed that such offenders often act out from their own child victimization.”

A number of experts were called to testify that child sex assault defendants are among the least likely to re-offend, according to Department of Justice statistics. The client’s sister, who was also a victim of multiple acts of physical and sexual abuse by the same offender as was the client, also gave heart-rending testimony. Phillips had the following to say about the outcome: “There are no winners here,” said Phillips. “Our client victimized an innocent child, and our hearts go out to her; and now, our client will have to pay by serving at least the next five years in the Texas prison system. Still, we are pleased that he will be eligible for parole after five years, and can become a productive citizen again. He had no prior criminal history, and we are confident that with the therapy he’s already received and will continue to receive, he will be able to cope with his own victimization, and assure the public that he will commit no future offenses against children.”

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