Statute of Limitations for Sexual Assault in Texas

Texas law places deadlines on both criminal prosecutions and civil lawsuits involving sexual assault, but those deadlines are not the same in every case. The applicable statute of limitations can depend on factors including the victim’s age, the type of alleged conduct, and whether specific statutory exceptions apply.

For survivors, the passage of time does not necessarily mean that legal options are gone. Texas law provides longer limitations periods for certain claims involving child sexual abuse, and some criminal sexual-assault offenses may be prosecuted without a limitations period. Because the applicable deadline can depend on the specific circumstances, survivors should not assume that a case is too old to pursue without having the facts and applicable law reviewed.

At Kherkher Garcia, we help sexual assault victims understand how Texas law may apply to their case. Our Houston sexual assault attorneys are fierce advocates for our clients and will pursue justice and maximum recovery. If you have questions or would like a free consultation, please do not hesitate to reach out to us.

Understanding Sexual Assault Statutes of Limitations in Texas

A statute of limitations establishes the period during which a legal action may generally be brought. Criminal and civil cases have separate limitations rules, and the deadline applicable to one does not necessarily determine the deadline for the other.

For criminal prosecutions, Texas law provides different limitations periods depending on the offense. Certain sexual offenses involving children have no statute of limitations, as do certain sexual assault cases involving biological evidence that has not been tested or does not identify a readily ascertainable person.

Other sexual assault offenses can have defined limitations periods. Under Texas Code of Criminal Procedure Article 12.01, certain sexual assault offenses are subject to a 10-year limitations period, unless a statutory exception applies. Civil claims are governed by different statutes.

Under Texas Civil Practice and Remedies Code §16.0045, certain personal injury claims arising from sexual offenses have extended limitations periods. Claims arising from specified offenses against children, including sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse, and indecency with a child, generally have a 30-year limitations period. Certain claims arising from adult sexual assault and aggravated sexual assault are subject to a five-year limitations period.

The precise deadline can depend on the nature of the claim and the circumstances in which it arose.

Statute of Limitations for Adult Sexual Assault vs. Child Sexual Abuse

Texas law treats claims involving child sexual abuse differently from claims involving adult victims. For criminal cases, certain sexual offenses against children are not subject to a statute of limitations. Texas law also provides special rules for sexual assault cases involving biological evidence and certain repeat-offender circumstances.

For civil claims, §16.0045 provides a 30-year limitations period for personal injury claims arising from specified offenses involving children, including:

• Sexual assault of a child
• Aggravated sexual assault of a child
• Continuous sexual abuse of a young child or disabled individual
• Certain sexual trafficking offenses involving children
• Compelling prostitution involving a child or disabled individual
• Indecency with a child

For certain civil claims arising from adult sexual assault or aggravated sexual assault, the statute provides a five-year limitations period. These deadlines are different from the criminal statute of limitations and should not be treated interchangeably.

Can a Sexual Assault Case Still Be Pursued Years Later?

Possibly. The fact that an alleged assault occurred years or even decades ago does not necessarily mean that all legal options have expired. Texas law recognizes extended or, in certain criminal cases, eliminated limitations periods for particular sexual offenses. The applicable deadline can depend on the victim’s age, the alleged offense, the type of claim, and other facts surrounding the case.

Delayed reporting is also common in sexual assault cases. Survivors may wait years before disclosing what happened because of trauma, fear, shame, threats, or other circumstances. That is one reason it can be important to have an older case evaluated based on the law that applies to the specific circumstances rather than assuming the deadline has passed.

Does DNA Evidence Affect the Statute of Limitations?

It can. Texas law provides that certain sexual assault prosecutions have no limitations period when biological evidence was collected during the investigation but has not yet undergone forensic DNA testing, or when testing does not match the victim or another readily identifiable person. A no-limitations rule can also apply when probable cause exists to believe the defendant committed the same or a similar sex offense against five or more victims.

DNA evidence is only one factor, however. Whether a particular case remains legally viable requires an examination of the applicable statute and the facts.

What If the Criminal Statute of Limitations Has Expired?

The expiration of a criminal limitations period does not automatically mean that a civil claim has expired, because criminal prosecutions and civil lawsuits are governed by different statutes. Conversely, the fact that criminal prosecution may still be possible does not automatically mean that a civil lawsuit can be filed. The two legal systems operate under separate rules and deadlines. For that reason, survivors should have the civil and criminal limitations questions evaluated separately.

Talk to a Texas Sexual Assault Lawyer About Your Options

Statutes of limitations can be complicated, particularly when an allegation involves conduct that occurred years or decades ago. The applicable deadline may depend on the victim’s age, the alleged offense, when the claim accrued, and whether a statutory exception applies.

At Kherkher Garcia, our attorneys represent survivors and families in serious sexual abuse and personal injury matters. We understand that discussing what happened can be difficult, particularly when significant time has passed.

If you believe you may have a civil claim arising from sexual assault or abuse, you do not have to determine on your own whether the deadline has passed. Kherkher Garcia can review the circumstances of your situation and explain the legal options that may be available. Contact us for a free and confidential consultation. Call 713-333-1030, or complete our online website form.

Steve Kherkher

FOUNDING PARTNER AND 35+ YEAR TRIAL LAWYER

Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.

Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.

With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.

Free case consultation Call Us 713-333-1030