For survivors of sexual assault, filing a legal claim can often be overwhelming. Feelings of shame, embarrassment, fear, and anxiety are common and can often prevent victims from filing claims against their abuser, especially right after the incident. However, it's important to understand that Texas operates under a strict statute of limitations for sexual assault cases, meaning you only have a set amount of time during which you can file a claim.
At Bradford N. Oesch, P.C., we understand the courage it takes to step forward and seek justice. Our attorney is committed to helping you understand Texas' statute of limitations and how it determines your ability to pursue justice after sexual assault.
The Importance of Statute of Limitations for Sexual Assault Claims
The statute of limitations refers to the legal deadline for filing a lawsuit or bringing criminal charges after an alleged offense. The purpose of this law is to make sure cases are brought to court while evidence and witness testimonies remain reliable.
In Texas, the statute of limitations for sexual assault is dependent on the severity of the offense and the age of the victim at the time the crime was committed. It is important to note that this deadline refers to when a case must be filed, not when it must be resolved in court.
Sexual assault cases are unique. However, sexual assault survivors often need time to process their experiences before taking legal action. Unfortunately, missing the statute of limitations can prevent you from seeking justice, which is why it's important to adhere to these timelines.
Timelines for Filing Sexual Assault Claims
In Texas, the statute of limitations on sexual assault depends on whether you aim to pursue criminal charges or a civil lawsuit. For criminal cases, Texas offers relatively lenient time frames for filing criminal sexual assault charges. The statute of limitations varies by age and specific circumstances but includes the following key points:
If the victim was over 17 years old at the time of the offense, they typically have 10 years to file charges for second-degree felony sexual assault. However, there is no statute of limitations for first-degree felony sexual assault.
If the victim was under 17 years old at the time of the offense, survivors of sexual assault committed when they were underage often have until their 48th birthday to file charges.
Unlike criminal cases, civil lawsuits aim to seek financial compensation for the survivor’s damages, including medical expenses, therapy costs, and emotional suffering. Civil claims for sexual assault in Texas must generally be filed within five years of the offense.
While financial recovery cannot undo the harm caused, civil cases serve as a means of holding perpetrators accountable outside of the criminal justice system. If you're uncertain about which path to take, do not hesitate to consult with an experienced attorney. We offer guidance tailored to each survivor’s unique situation.
Exceptions to the Statute of Limitations
Certain circumstances may extend or pause the statute of limitations, which can provide survivors with additional opportunities to take legal action. These exceptions exist to accommodate the challenges of processing trauma after the incident. Some notable exceptions to the statute of limitations for sexual assault claims in Texas include the following.
DNA evidence: Advancements in forensic technology allow old cases to be revisited using DNA analysis. If new DNA evidence is unearthed, it could result in reopening cases previously thought to fall outside the statute of limitations.
Delayed reporting due to trauma: Texas courts have increasingly recognized the psychological toll that sexual assault takes on survivors. Delayed reporting caused by PTSD, fear, or shame may be grounds for extending time frames.
Defendant avoidance: If the individual accused deliberately evades law enforcement by leaving the state or hiding their whereabouts, the statute of limitations may pause. Once the accused becomes available to face charges, the clock resumes.
Retroactive legislative changes: Occasionally, sweeping legal reforms extend deadlines, even for cases where the statute has seemingly expired. Texas lawmakers, like those in many states, continue to acknowledge the impact of trauma on survivors by introducing legislative updates aimed at expanding pathways to justice.
How You Can Prepare for Legal Action After Sexual Assault in Texas
If you are considering taking legal action following a sexual assault incident in Texas, there are certain steps you can take to protect your rights and strengthen your case. While the specific steps you may need to take will depend on the severity of your case and your age when the assault occurred, the general steps you should take include the following.
Document everything: Write down your recollection of the events, including all applicable dates, locations, and details. Hold onto anything that supports your experience, such as texts, emails, or other communications.
Preserve medical evidence: Seeking medical care after an assault is essential for your health and your legal claim. A forensic exam, or rape kit, can document any physical injuries and can provide valuable evidence. Similarly, an official medical report from a doctor can strengthen your case by linking your injuries to the assault.
Contact an attorney: Time-sensitive cases require fast action. Work with an experienced sexual assault attorney who understands the specifics of Texas law and can apply state and federal regulations to support your claim.
Lean on support systems: Emotional trauma can make taking legal action incredibly difficult. Whether through therapy, support groups, or advocacy programs, tap into survivor-focused resources to help you regain confidence when pursuing legal action.
Contact an Experienced Attorney Today
Taking the steps to file a claim after sexual assault takes immense courage and deserves steadfast support. At Bradford N. Oesch, P.C., we’re committed to advocating for survivors of sexual assault throughout Houston and across Texas. Through our guidance, we strive to provide clear, compassionate advice tailored to your case.
Whether you’re filing within standard time limits or exploring exceptions, our team is here to ensure your voice is heard and your rights are upheld. Contact us today to schedule a consultation.
