Here Is What Is Happening In Texas
Civil Statute of Limitations
Discovery Rule: Case by Case
Limitations Period: Age 18 + 5 years
Tolling:  Yes
  • 5-year Statute of Limitations : including Sexual assault, Aggravated sexual assault, or continuous Sexual abuse of a young child or children.
    Tex. Civ. Prac. & Rem. Code Ann. § 16.0045 (Vernon 2008).
     
  • Delayed Tolling for Minors : If the victim was a minor, the Statute of Limitations does not begin to run until his/her 18th birthday.
    Tex. Civ. Prac. & Rem. Code Ann. § 16.001 (Vernon 2008).
     
  • Discovery Rule : The Texas Supreme Court applies a case-by-case discovery rule. As a rule, they have held that the Statute of Limitations will begin to run when a wrongful act causes some legal injury, even if the fact of injury is not discovered until later, and even if all resulting damages have not yet occurred. However, there have been cases where the Statute of Limitations did not start to run until the plaintiff discovered, or through the exercise of reasonable care and diligence should have discovered, the nature of the injury. See S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996); Vesecky v. Fenwick, 880 S.W.2d 804 (Tex. App. 1994).
Criminal Statute of Limitations
Limitations Period: None for most sex crimes against children
10 years from commission of the offense for aggravated sexual assault and sexual assault
Age 18 + 20 years if crime is sexual performance or kidnapping of a victim under age 17
3 years for all other felonies
Tolling: Yes when accused is absent from the state
Exceptions Yes
  • No Statute of Limitations for Most Prosecutions : for Sexual assault or Aggravated sexual assault of a child (§§ 27.011(a)(2), 27.012(a)(1)(B)), Continuous sexual abuse of a young child (§ 21.02), Indecency with a child (§ 21.11)(if the offense was not barred prior to Sept. 1, 2007), or sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained. Tex. Code Crim. Proc. Ann. art. 12.01(1) (Vernon 2007).
     
  • 10-year Statute of Limitations : for Sexual assault (§ 22.011) and Aggravated sexual assault (§ 22.021). Tex. Code Crim. Proc. Ann. art. 12.01(2)(E) (Vernon 2007).
     
News Coverage
Date Title Author Source PDF
06/06/2008 Why The Costs of Sexual Abuse and the Costs of Non-Enforcement of Anti-Sexual-Abuse Laws Are Too High Marci Hamilton FindLaw
09/07/2006 Two Arrests Signal a Giant Step Forward for the Civil Rights Movement for Children Marci Hamilton FindLaw
01/21/2002

The Vatican, the Bishops, and the State Religious Freedom Restoration Acts: Why the Dallas Agreement and Vatican Norms Are Insufficient To Ensure Clergy Child Abuse Will Be Properly Reported

 Marci Hamilton FindLaw
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