For many survivors of sexual abuse, choosing when to come forward is deeply personal. When you’re ready to look at your options for pursuing justice and compensation, it helps to know how the law works. In Texas, the civil and criminal statutes of limitations dictate the deadline for filing criminal charges or a civil lawsuit. For survivors and families, these timelines offer clarity about their rights and next steps. Understanding these deadlines can help you plan your path forward and explore your legal options with confidence.
At Andreozzi+ Foote, our experienced Texas sexual abuse lawyers focus exclusively on helping survivors and their families seek justice.
What Is the Statute of Limitations for Sexual Abuse in Texas?
The statute of limitations is a legal deadline for filing a case. These limits exist to encourage claims to be filed while evidence is still available and witnesses’ memories are fresh. In Texas, there are statutes of limitations for both criminal and civil sexual abuse cases.
There are three main reasons statutes of limitations exist:
- Protect potential defendants from indefinite jeopardy of criminal charges and civil claims.
- As years pass, evidence can be lost and memories fade, making it harder for any party to present or challenge the evidence.
- Introducing a case long after the event can complicate fact-finding and lead to unjust results.
Understanding the statute of limitations is critical for filing a sexual assault case. Waiting too long to file can mean losing your right to pursue justice, which is why speaking with a Texas sexual abuse lawyer as soon as possible can make a difference.
What Is the Statute of Limitations for Criminal Sexual Abuse Charges?
Criminal sexual abuse cases are brought by prosecutors to punish offenders and protect the public. Certain sexual abuse crimes have no statute of limitations, meaning they can be prosecuted at any time. Texas does not impose a filing deadline for many major child sex abuse crimes involving a victim under 17, including the following:
- Rape
- Sexual assault
- Continuous sexual abuse
- Aggravated sexual assault
For older victims, sexual assault charges generally have a ten-year limitations period. However, there is no limitation when biological evidence was collected and either hasn’t been tested or testing does not match an identifiable person. Lesser offenses have shorter filing periods.
A Texas sexual abuse lawyer can help identify these timelines, discover any extenuating circumstances that may extend your statute of limitations, and help fight for the justice and compensation you deserve.
What is the Statute of Limitations for Civil Sexual Abuse Cases?
Victims file civil sexual abuse cases to seek compensation for the harm they’ve endured. Texas amended its statute of limitations for childhood sexual abuse to give survivors more time to process what happened and come forward. H.B. 3809 of 2019 gives survivors of childhood sexual abuse the right to file a civil lawsuit up to 30 years after they turn 18—their 48th birthdays.
Meanwhile, the civil statute of limitations for sex crimes against an adult is five years from the date of the incident.
In civil cases, you can seek compensation from the abuser as well as the institutions that allowed the abuse to occur. Examples of institutions that may be held accountable include:
- Schools and universities
- Churches and religious organizations
- Hospitals, clinics, and health care systems
- Daycare centers and foster care agencies
- Camps and spots leagues
Building a strong civil case requires collecting documentation, witness statements, and other evidence of abuse. Therefore, consulting an experienced lawyer as soon as possible is crucial. Andreozzi + Foote’s trauma-informed attorneys can guide you through the process and fight to hold negligent individuals and institutions accountable.
Types of Sexual Abuse Cases Covered by the Texas Civil Statute of Limitations
The extended civil statute of limitations for child sex abuse covers the following offenses:
- Sexual assault: Non-consensual sexual contact
- Aggravated sexual assault: sexual assault with an increased risk for potential harm, for example, using a deadly weapon or causing serious injury
- Continuous sexual abuse of a child: Repeated acts of sexual abuse against a child over a period of time
- Certain child sex trafficking: Exploiting a child for commercial sexual activity
- Compelling prostitution by a child: Using any means to cause a child younger than 18 years to commit prostitution
- Indecency with a Child: Sexual contact with or intentional exposure to a child
Meanwhile, the five-year deadline for lawsuits by adult victims applies to sexual assault and other major sex offenses.
Even if a deadline appears far off, finding a lawyer early can drastically impact your case. Prompt action helps preserve evidence, secure records and witness accounts, and evaluate all avenues for accountability. Andreozzi + Foote’s trauma-informed team can review your circumstances, explain how the timelines apply, and offer guidance on sexual abuse prevention and support.
Trust Andreozzi + Foote to Help You Get the Compensation You Deserve
Texas’ statutes of limitations impact civil and criminal cases. However, regardless of the deadline, acting quickly improves your chances of success. If you’re unsure how the timeline applies to you, don’t wait. Knowledgeable legal guidance from a Texas sexual abuse lawyer can make a real difference.
At Andreozzi + Foote, our trauma-informed attorneys have extensive experience advocating for survivors of sexual abuse. Our team provides clear, personalized advice tailored to your specific situation, and we’re prepared to pursue justice with compassion and professionalism. If you have questions about filing a sexual assault claim, your team is here for you. Call 866-311-8640 or contact us online for a free consultation.