Texas Sexual Assault Statute of Limitations

It’s important for anyone accused of engaging in sexual assault to understand the Texas sexual assault statute of limitations. This statute determines how long after someone has been allegedly assaulted that they have to file a criminal charge. While there are some egregious cases where the statute does not apply, most of the time, there is a limit. Aside from the statute, the longer you wait to press charges, the harder it could be to collect evidence that isn’t fresh.

How Long Is the Statute of Limitations for Sexual Assault in Texas?

The actual statute that applies to your case in Texas will vary based on what happened. For instance, there is no time limit if:

• The assault involves someone under the age of 18
• The case includes DNA evidence that has either not been tested yet or doesn’t match the victim or any known person
• There is reason to believe that the accused committed similar offenses against five or more individuals
• The charge is for aggravated assault

In most other adult sexual assault cases, individuals have 10 years from the date of the offense to file a criminal complaint.

Why the Statute of Limitations Matters

The statute of limitations is more than just a technical rule. It also reflects a broader attempt to combat any concerns about fairness, due process, and the integrity of evidence during a case. For prosecutors, the statute creates a sense of urgency for them to act on reports while evidence is still fresh and witnesses can recall what they observed. For those accused, it provides a safety net against being prosecuted for events that happened so long ago.

As it relates to sexual assault, the statute of limitations matters for several reasons:

• Delayed reports are very common. While it’s true that trauma can affect how a survivor comes forward with their story, any delay can impact the availability of physical evidence.
• DNA evidence has been a game changer in many Texas jurisdictions. This allows prosecutors to pursue charges long after an assault happens, as long as it’s within the statute and the suspect’s identity has been confirmed.
• Exceptions exist under certain circumstances, such as when a minor is involved or when the accused is absent from the state.
• Judges may be asked to decide if a case is time-barred, which means the defense attorney has frequently filed motions to dismiss the case if the statute of limitations has run out.

It’s important for criminal defense attorneys to understand each of these nuances as they relate to the statute of limitations in Texas for sexual assault cases, as there may be an opportunity to have a case be dismissed before it ever reaches trial.

Reported Incidents vs. Legal Outcomes

In 2022, Texas received 18,645 reports of sexual assault. Interestingly, only 13% of those cases were cleared. This statistic brings up a significant gap between reported crimes and those that move forward through the criminal justice system, which can be encouraging for those who have been accused of engaging in a criminal act, yet don’t agree that the charge is fair.

Here is what this gap means from a defense perspective:

• Not every report is going to lead to an This is especially true if your case has limited evidence or a key witness’s credibility is being questioned.
• Any delays stemming from the courtroom could complicate the
• All defendants have the right to challenge any evidence being used against Your attorney can investigate how and when it was collected to see if they can bring up any procedural errors that could dismiss it from being used.
• If the charges are filed years after the incident, your attorney could simply raise the point that the statute of limitations has expired.

FAQs

Q: What Happens If a Case Is Reported but No Arrest Is Made Within the Statute of Limitations?

A: If a sexual assault has been reported but there was never an arrest before the statute expired, there is a chance the prosecution is legally barred from filing a charge. This happens for several reasons, such as when evidence has been determined to be inconclusive or a key witness is being uncooperative. When this happens, your defense attorney can use this delay as a strategic point to argue that the state forfeited its chance to move forward and prosecute.

Q: Why Is There Such a Gap Between Reported Incidents and Convictions in Some Texas Counties?

A: Some gaps between reported incidents and convictions stem from differences in investigative resources, prosecutorial discretion, and how the jury acts at the local level. For instance, in Anderson County, there were 223 reports of sexual assault that led to 86 arrests and 17 convictions. From a criminal defense perspective, this trend gives insight into different systemic issues that could be leveraged to question the strength or fairness of a case.

Q: What Role Does New Evidence Play in Reopening an Expired Case?

A: When new DNA evidence has been made available for consideration, it could potentially trigger an exception to the statute of limitations in Texas. For instance, if later testing reveals a match to a previously unknown suspect, the state will allow charges to still be filed even years after the incident happened. When this happens, it’s up to your defense attorney to scrutinize exactly how this evidence was handled and stored to try to dismiss it from being used.

Q: How Can Law Enforcement Delay Affect the Statute of Limitations?

A: Any delays that have been caused by law enforcement generally do not trump the statute of limitations. This can happen due to the slow processing of evidence or if they have misplaced an important report. The statute of limitations clock will keep ticking while this is happening. If this has happened in your case, your lawyer can argue that the state lost its chance to prosecute the case due to its own internal errors.

Contact Harris & Harris Law Group, PLLC Today

If you have been accused of sexual assault in Texas and are looking for a quality defense lawyer who understands the ins and outs of this space, contact our firm today. Harris & Harris Law Group, PLLC proudly offer a judgment-free environment for you to share what happened and explore what defense strategies could be the most productive in your case.