Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
April 26, 2024
In cases of sexual assault, the legal system plays a vital role in seeking justice for victims. However, the law must also consider the rights of those who might be accused of rape, as they are innocent until proven guilty under the law.
Statutes of limitations are in place to prevent suspects of crimes from waiting indefinitely for potential criminal charges. However, the statutes of limitations vary depending on the offense, and some offenses have no statute of limitations at all.
If you are suspected of sexual assault, discuss your situation with a Williamson County rape defense attorney immediately.
A statute of limitations refers to the time period within which legal proceedings must be initiated for a particular crime. It serves as a legal deadline, after which a victim cannot file a lawsuit or seek criminal charges against the perpetrator. The reasoning behind having a statute of limitations is to ensure the fairness of legal proceedings by preserving evidence and preventing false accusations based on faded memories or unreliable evidence.
Understanding the statute of limitations for rape in Texas is crucial for victims seeking justice. In 2007, the state of Texas made significant changes to the statute of limitations for sexual assault offenses, including rape. These changes have been further amended since then, extending the time frame for victims to come forward and suspects to be charged.
For adult victims of rape, the statute of limitations in Texas is as follows:
When it comes to minors who have been victims of rape, the statute of limitations in Texas is different:
As Williamson County criminal defense lawyers, here are the most common questions we hear regarding the statute of limitations in Texas:
Yes, the statute of limitations in Texas can be extended under certain circumstances. If, for example, DNA evidence is discovered that establishes the identity of the perpetrator, the statute of limitations may be extended. Additionally, if the victim was incapacitated or under duress at the time of the offense, the statute of limitations may also be extended.
If the statute of limitations in Texas expires, it means that the victim can no longer file criminal charges against the perpetrator. However, it’s important to note that the expiration of the statute of limitations does not prevent victims from seeking other forms of recourse. They may still be able to file a civil lawsuit against the perpetrator for damages.
No, the statute of limitations in Texas cannot be waived by the victim or any other party. It is a legal limitation that cannot be overridden.
Yes, there are a few exceptions to the statute of limitations for rape in Texas. For example, if the perpetrator leaves the state after committing the offense, the statute of limitations may be tolled or paused until they return. Additionally, if the victim was a minor at the time of the offense and the perpetrator is a registered sex offender, the statute of limitations may also be tolled until the victim turns 18.
If you are facing criminal charges in Williamson County, Texas, it is crucial to have a skilled and experienced lawyer by your side. Scott Magee, Attorney At Law, handles criminal defense cases exclusively, including sexual assault offenses, and has a deep understanding of the local legal system. To set up your free legal consultation, contact us today.
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.