The Weaver Law Firm represents a client that has filed a complaint with the Houston Police Department based on an experience at one of the Houston Swim Club locations. Law enforcement wrote up the complaint as “Indecency with a Child.” The firm’s client provides an opinion that the incident started when a male instructor kissed her little boy’s face on more than one occasion (during a single swim lesson) when the child and the instructor were in the swimming pool together. The mother states that she was shocked and thought the behavior was extremely strange. It is our opinion that such an act is extremely inappropriate under the circumstances. The mother did not invite or welcome the man to kiss her young boy. The mother did not give him permission to kiss the boy. It is our opinion that there was no prior personal relationship between the man and the child (like a father / son relationship) that would have even triggered the kissing. It is our opinion that the male instructor is in his mid 20s.
After the mother and her son left his swimming lesson at Houston Swim Club, the boy complained that his “bottom hurt.” The boy clarified that his frontal private area hurt. In his own words, he explained that his instructor touched his private area.
The Weaver Law Firm asked Houston Swim Club on more than one occasion for the name of the man so we could inform the police. Houston Swim Club refused to give us the man’s name. The Weaver law firm has requested Houston Swim Club for the video recording of the pool area. As of the time of the original posting of this article, Houston Swim Club has not turned over the video recording that they say is in their possession. During a telephone call with a male Houston Swim Club representative about the incident, the male representative laughed.
What is “Indecency with a Child” according to the Texas Penal Code, Section 21.11?
Section 21.11 of the Texas Penal Code states:
(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
The Section 21.11 of the Texas Penal Code also states:
(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
Do you have any information that would indicate sexual assault incidents at the Houston Swim Club?
Do you have any information that would indicate child molestation occurring at Houston Swim Club? Has your child complained about inappropriate touching after a swim lesson at Houston Swim Club? If you answer “yes” to any of the above, go to the police immediately and make a report. Has your child been injured as the result of a swimming pool accident at the Houston Swim Club?