Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
December 15, 2023
Texas law allows 10 years for the statute of limitations to run out for sexual assault cases that involve victims who are 18 years of age or older. Therefore, the clock starts ticking the day the offense first took place.
The civil statute of limitations for sex crimes against an adult is five years from the date of the assault.
There is no statute of limitations for indecency with a child or for the sexual assault of a child in Texas. Therefore, you can be prosecuted for either crime at any time, regardless of how long it has been since the event.
To address your rights and build a strong defense then, you need to review your case with a reputable sex crime attorney – someone who can scrutinize the facts of your case so you can experience the best outcome possible.
The statute of limitations in Texas represents a deadline in the judicial system that states the timeline for filing legal actions. The deadline therefore plays a key role in shaping the legal landscape.
By establishing a time frame, the statute of limitations provides clarity for a plaintiff or anyone proposing to take legal action and wishing to know more about their rights. A potential defendant also benefits from knowing the deadline or when they’re no longer subject to criminal prosecution or a possible civil lawsuit.
The statute of limitations ensures that legal matters are dealt with efficiently and prevents cases from lingering in the docket longer than required.
It’s also worth noting that exceptions do exist within these limitations.
For example, in Texas, there is no time limit for prosecuting rape or aggravated rape cases when the perpetrator remains unknown. This mandate also includes serial rapists. These exceptions ensure that justice can be sought regardless of the time that has passed since the crime occurred.
This law is reflected in Article 12.01(1) of the Lone Star State’s Code of Criminal Procedure. Alleged perpetrators who have committed an offense before the law was amended are subject to the law in force when the crime occurred.
As noted, in some cases, sex crimes against adults, such as aggravated sexual assault, do not follow a timeline. These are crimes where the victim suffers wounds, disfigurement, or where they are mentally or physically incapacitated.
Perpetrators, as mentioned, who have committed sexual assault or a similar offense against five or more victims do not fall under any time frame for prosecution as well.
Recognizing the vulnerability of child victims, Texas lawmakers have tailored the statute of limitations to provide plaintiffs with sufficient time to seek justice.
In cases involving victims who were under 17 years old at the time of the offense, there is a statute of limitations that extends for 20 years from the victim’s birthday. In civil court matters concerning minors, the statute of limitations ranges from 10 to 20 years after their birthday.
Given the 20-year windows and unlimited time frames for prosecution, Texas has severe laws in place for sex crimes against minors.
Moreover, federal rules for the statute of limitations, especially in cases of child pornography charges, get rid of the filing deadline altogether. Therefore, an indictment can be brought against a defendant whenever the prosecutor is prepared to pursue the case.
When victims want to report a sex offense, it becomes the responsibility of state prosecutors to pursue the charges. Victims must inform law enforcement about the crime. This activity initiates an investigation – an inquiry that may lead to charges against the accused if or when their identity is known.
When the victim does not know the identity of the perpetrator, they can use the pseudonym “John Doe” until they discover the perpetrator of the crime. Once they become aware of the perpetrator’s name, they must update their complaint within 30 days and include it in the filing.
If you find yourself under investigation or facing pending sex crime charges, seeking legal counsel is critical to protect your rights and mount an effective defense. In Texas, consult with R. Scott Magee, Attorney at Law, PLLC about your case right away. The sooner you do so, the easier it will be to navigate the legalities and reach a more positive outcome
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
Categories: Criminal Defense
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.