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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.
Mr. Magee is a member of the State Bar of Texas and is admitted in the federal courts, including the United States District Court for the Western District of Texas, the United States District Court for the Northern District of Texas and the United States Supreme Court. He is also Board Certified through the Texas Board of Legal Specialization in Criminal Law.
Mr. Magee has also served in city government, as Assistant to the City Manager and City Manager, and as an adjunct lecturer in Politics and Government at several Texas universities and colleges. See what clients have to say about working with Georgetown and Williamson County defense lawyer, R. Scott Magee, by reading our testimonials.
Contact R. Scott Magee by clicking here.
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.