The statute of limitations for sexual assault in Texas depends on factors most people never consider: the victim's age, the specific charges filed, and when the crime was committed. These deadlines create a ticking clock that affects both survivors seeking justice and defendants facing decades-old accusations.
Whether you're facing charges from years ago or defending against recent allegations, time limits shape every aspect of your case.
An experienced Texas sex crime attorney knows how these deadlines work and which exceptions apply to your situation. The law's complexity means that cases you thought were closed can resurface, while others you assumed were valid might have already expired.
Having someone who fights for your rights becomes essential when these time limits determine whether charges can even be filed.
Key Takeaways About Sexual Assault Limitations in Texas
- Adult sexual assault cases have no statute of limitations in Texas, meaning charges can be filed decades after the alleged incident occurred.
- Child sexual assault cases also have no time limit, but DNA evidence requirements and reporting rules create practical deadlines that affect prosecution.
- Lesser sexual offenses like indecent exposure or public lewdness have shorter limitation periods ranging from two to ten years.
- The clock stops running during certain periods, including when defendants leave Texas or when victims are unable to report due to threats or incapacity.
- An experienced attorney can challenge old cases based on evidence preservation issues, witness availability, and constitutional speedy trial rights, even when no formal deadline applies.
Texas Sexual Assault Laws: When Time Limits Do and Don't Apply
The Texas legislature eliminated time limits for sexual assault prosecutions in 2007 with the passage of House Bill 8, often referred to as the "Jessica's Law" bill. However, the law's application varies significantly depending on the type of case, the evidence available, and when the alleged offense occurred.
DNA Evidence Cases: No Time Limits
The 2007 law removed the statute of limitations for sexual assault cases where DNA evidence identifies the offender, allowing prosecutions at any time as long as there is biological evidence that links the accused to the crime. These cases can be prosecuted decades later if DNA evidence emerges, similar to how murder cases have no deadline.
This elimination of time limits doesn't apply to all sexual assault cases—only those with qualifying DNA evidence. The law treats these cases specially because DNA provides scientific identification that doesn't rely on fading memories or lost witnesses.
Cases That Still Have Time Limits
Other cases, especially where DNA is not involved or in civil suits, may still have time limits. Older cases might still fall under previous limitation periods depending on when the alleged offense occurred. The specific charge determines which rules apply, and prosecutors often have choices about how to charge cases.
Civil lawsuits for sexual assault follow entirely different limitation rules. These cases typically must be filed within five years, though exceptions exist for childhood abuse cases.
Sexual Assault Charges With No Deadline
Sexual assault under Texas Penal Code Section 22.011 carries no statute of limitations for cases involving adult victims. Aggravated sexual assault charges likewise have no deadline. This means someone can face prosecution 10, 20, or even 50 years after an alleged incident. The law treats these cases like murder, allowing prosecution whenever evidence emerges.
Why Timing Still Matters for Your Defense
But timing still matters tremendously for building a defense. Witnesses disappear, memories fade, and physical evidence degrades over time. Electronic records get deleted. Businesses close and their security footage vanishes. These practical realities create defensive opportunities even when no legal deadline exists.
Breaking Down Time Limits by Specific Offense Type
Felony Sexual Offenses Without Time Limits
Texas law provides no statute of limitations for the most serious sexual crimes. These offenses can be prosecuted regardless of how much time has passed since the alleged incident.
Sexual assault and aggravated sexual assault top this list. Continuous sexual abuse of a child also falls into this category. Indecency with a child by contact joins these offenses with unlimited prosecution windows. Sexual performance by a child and compelling prostitution of a minor similarly have no deadlines.
Sexual Crimes With Specific Deadlines
Not every sex-related offense carries unlimited prosecution time. Texas maintains various limitation periods for different charges, creating a complex web of deadlines.
Many lesser felony sex crimes have 10-year limitation periods. These include:
- Prohibited sexual conduct between family members
- Improper relationships between educators and students
- Sexual coercion through threats or abuse of power
- Online solicitation of a minor in certain circumstances
Misdemeanor sexual offenses typically expire much faster. Indecent exposure carries a two-year deadline. Public lewdness must be prosecuted within two years. Class C misdemeanor offenses like certain voyeurism charges expire after just two years.
Special Rules for Child Victims
Cases involving children trigger unique statutory provisions that extend or eliminate deadlines. The law recognizes that child victims often cannot or do not report abuse immediately.
For most sexual offenses against children, no statute of limitations exists. However, if a limitation period would normally apply, it doesn't begin running until the victim turns 18. This means a child abused at age 10 has until well into adulthood before any clock starts ticking on lesser charges.
How DNA Evidence Changes Everything
The presence of DNA evidence creates special rules that can extend or revive expired cases. Texas law allows prosecution based on DNA evidence even when traditional deadlines have passed.
If DNA evidence exists but investigators haven't identified a suspect, prosecutors can file charges against the DNA profile itself. This "John Doe DNA indictment" stops the statute of limitations from running. Once authorities match the DNA to a person years later, they can proceed with prosecution.
DNA databases continue growing as more people submit samples through criminal cases or voluntary genealogy services. Cold cases from decades ago suddenly become active when a DNA match emerges. These scientific advances mean that many old cases never truly die.
When the Clock Stops: Tolling Provisions That Extend Deadlines
Texas law recognizes that certain circumstances prevent timely prosecution through no fault of the state. These tolling provisions pause the statute of limitations clock, extending deadlines beyond normal limits.
Leaving Texas stops the clock on any applicable statute of limitations. If someone commits an offense and then moves to another state, the time they're gone doesn't count against the deadline. This prevents defendants from simply waiting out the clock in another jurisdiction.
The defendant's absence from Texas must be proven by prosecutors. They need evidence showing when someone left and returned. Credit card records, employment documentation, and residential leases in other states become critical evidence. Even social media posts can establish someone's location during relevant periods.
Prosecutors also get extra time when defendants actively avoid prosecution. Using false identities, hiding from authorities, or fleeing after charges are filed all toll the limitations period. The clock resumes only when defendants become available for prosecution.
Defending Against Decades-Old Allegations
Old cases present unique challenges for prosecutors, creating defensive opportunities that don't exist with recent allegations. The passage of time affects every aspect of these cases, from witness credibility to physical evidence availability.
Memory science becomes your strongest ally in old cases. Research shows that memories change, fade, and become contaminated over time. Witnesses unconsciously fill gaps with assumptions or information learned later. What someone believes they remember clearly from 20 years ago might be entirely reconstructed from photos, stories, or suggestions.
Missing evidence often defeats old prosecutions. Security footage that might have proven your innocence no longer exists. Text messages, emails, and phone records that could establish timelines have been deleted. Businesses that could verify your whereabouts have closed. Hotels, restaurants, and other locations lack records from years past.
This absence of evidence cuts both ways, but skilled attorneys know how to highlight what's missing to create reasonable doubt.
Why Prosecutors Sometimes Choose Not to File Despite No Deadline
Having legal authority to prosecute doesn't mean prosecutors will file charges. They evaluate old cases differently than recent ones, considering factors beyond just the evidence.
Witness availability shapes charging decisions. Key witnesses might have passed away, moved, or become unable to testify due to health issues. Even available witnesses often make a poor impression after a significant amount of time has passed. Their memories seem less reliable, and juries question why they waited so long to come forward.
Prosecutors have limited budgets, staff, and time to pursue cases, which affects their decisions about old cases. These cases require extensive investigation to locate witnesses, reconstruct timelines, and address evidence gaps. Prosecutors must balance pursuing old allegations against handling current cases with fresh evidence. Limited budgets and heavy caseloads mean many technically viable old cases never get filed.
These practical considerations may provide some hope when facing allegations, even when no legal deadline protects you from prosecution.
Constitutional Challenges When Old Charges Surface
Due Process Violations
The Constitution's due process clause protects defendants from fundamentally unfair prosecutions. Extreme delays can violate these rights even without a statute of limitations. Courts examine whether delays prevented you from mounting an effective defense.
Pre-accusation delay requires showing actual prejudice to your defense. Lost witnesses, destroyed evidence, or faded memories might establish this prejudice. The prosecution must then justify the delay with legitimate reasons beyond simple negligence.
Speedy trial rights
The Sixth Amendment guarantees speedy trial rights, though these typically apply after charges are filed. However, excessive pre-indictment delay can still trigger constitutional protections in extreme cases.
Texas courts consider four factors: length of delay, reason for delay, whether you asserted your rights, and prejudice suffered. Delays measured in decades rather than years strengthen these constitutional challenges.
Evidence preservation duties
Law enforcement's failure to preserve evidence can violate due process rights. If police had evidence that might have helped your defense but lost or destroyed it, constitutional violations may bar prosecution.
This applies especially to DNA evidence, recordings, or physical evidence collected but not preserved. Your attorney can argue that the state's negligence in preserving evidence makes a fair trial impossible.
Red Flags That Trigger Late Prosecutions
Certain events commonly trigger prosecution of old allegations years after they allegedly occurred. Recognizing these patterns helps you prepare for potential charges before they're filed.
Common triggers for old cases being reopened include:
- Family conflicts: Divorces, custody battles, or inheritance disputes often unearth old allegations when relationships turn hostile.
- High-profile news: Celebrity cases or #MeToo moments prompt others to report similar experiences from their past.
- Social media posts: Trauma discussions online can lead to someone being identified and reported years later.
- Law enforcement changes: New prosecutors, cold case units, or grant funding for testing old rape kits revive dormant investigations.
- Financial pressures: Victim compensation programs or civil lawsuit potential motivate delayed reporting.
These triggers explain why allegations surface after years of silence. What seemed like a closed matter decades ago may suddenly become active again when any of these circumstances arise. Your attorney needs to identify which trigger prompted the allegations to build an effective defense strategy.
FAQs About Sexual Assault Statute of Limitations in Texas
Does Texas have a statute of limitations for statutory rape?
Statutory rape, legally called sexual assault of a child in Texas, has no statute of limitations if the victim was under 17 at the time of the offense. However, if the defendant was within three years of age and the victim was at least 14, the Romeo and Juliet defense might apply. These cases require immediate legal consultation to determine which defenses are available.
Can I be charged with sexual assault based solely on an accusation from 30 years ago?
Yes, Texas law allows prosecution based on allegations alone, regardless of age. However, prosecutors rarely proceed with decades-old cases without some corroborating evidence. Your attorney will challenge the reliability of old accusations, highlight missing evidence, and demonstrate how the delay prejudiced your ability to defend yourself.
What if the alleged victim didn't report the assault until years later?
Delayed reporting doesn't prevent prosecution in Texas for sexual assault charges with no statute of limitations. Prosecutors often explain delays through expert testimony about trauma responses. However, your attorney can challenge the credibility of delayed reports and present alternative explanations for why someone might make false allegations years later.
How does Texas handle sexual assault cases from before the law changed?
Texas applies the statute of limitations law that existed when the offense allegedly occurred. For crimes committed before September 1, 2007, different limitation periods may apply. Your attorney must research which version of the law governs your case, as this could mean the difference between facing prosecution or having charges barred.
Can civil lawsuits for sexual assault have different time limits than criminal cases?
Yes, civil lawsuits for sexual assault follow different limitation rules than criminal prosecutions. Texas generally allows civil suits within five years of the assault or five years after the victim turns 18 for childhood abuse. Some exceptions extend these deadlines. Civil and criminal cases can proceed independently with different outcomes.
What is the difference between criminal and civil sexual assault cases in Texas?
The state brings criminal sexual assault cases to punish offenders with imprisonment or fines. These cases focus on the defendant's guilt or innocence of a crime.
Victims file civil sexual assault cases to seek monetary damages from the offender for harm suffered. These cases focus on compensation rather than punishment.
Both cases have different legal standards, procedures, and statutes of limitations. A criminal case can fail while a civil case succeeds, or vice versa.
Time to Fight Back With Experienced Legal Help
Sexual assault time limits in Texas aren't what most people think. Some cases can be prosecuted 50 years later, others expire in just two years. The right legal defense based on these deadlines makes the difference between conviction and freedom.
Benavides Law Group brings the technical knowledge and courtroom experience needed to challenge sexual assault allegations regardless of when they allegedly occurred. Criminal defense attorney Eric Benavides analyzes every angle, from statutory deadlines to constitutional violations, building the strongest possible defense for your specific situation.
Don't let confusion about time limits prevent you from fighting these serious charges. Call (713) 222-2828 or contact me online immediately to protect your rights and start building your defense.