The elements of the offense of Sexual Assault of a Child (Tex. PC Sec. 22.011) are:
- That the defendant intentionally or knowingly
- Caused the penetration of the sexual organ
- By any means
- Of a child younger than 17
- Who is not the legal spouse of the defendant
This means that the State must show that sexual activity took place with a minor, as evidenced by the birth of a baby to the minor, that the defendant was the one having the sexual activity, as shown by DNA results, and that they were not legally married, all beyond a reasonable doubt. The State must then show that the sexual activity, more likely than not, occurred within Schleicher County, and can show that with the fact that the marriage took place at the ranch and the birth was at the ranch, etc.
It won’t be easy to get a conviction.
I remember someone saying, several months back, that the FLDS strategy involved ‘knowing’ exactly what it took to get a conviction, and how best to beat it.
It is certainly going to remain an uphill battle for the state of Texas (CPS and LE).