The statute of limitations for sexual assault in Texas depends on several factors. There is no one-size-fits-all answer to how long the police have to arrest you. Instead, there are different deadlines based on the details of the case.
If you face allegations of this crime in Texas, you should talk to a Houston sexual assault lawyer from our firm as soon as possible. Your attorney can help you understand your rights, tell you what to expect, and develop a strong defense strategy that could affect the outcome of your case. Even if you face charges, a conviction is not inevitable.
What Are the Statutes of Limitations That Could Apply in a Texas Sexual Assault Case?
The statute of limitations for sexual assault in Texas depends on several factors. Depending on the case facts, the timeline could vary from no deadline to ten years from the date of the offense. Under Texas Code of Criminal Procedure Art. 12:
10-Year Statute of Limitations
A 10-year statute of limitations generally applies in sexual assault cases when:
- The victim is an adult.
- There is no DNA evidence to support the conviction.
No Statute of Limitations
There is generally no statute of limitations on a case, and charges could be filed at any time when:
- The Victim Is a Minor: If the victim was a minor at the time the assault occurred, there is no deadline for filing charges.
- There Is DNA Evidence: If there is DNA evidence that identifies (or could identify) the perpetrator, prosecutors can bring charges at any time.
- It Is Charged as Aggravated Sexual Assault: When the crime meets the criteria for aggravated sexual assault, no deadlines apply.
- It Is Part of a Continuous Sexual Abuse Case: When the sexual assaults were ongoing, charges could come at any time.
- Police Believe the Alleged Perpetrator Has Committed Similar Offenses Against Other Victims: If law enforcement believes that the alleged offender has committed the same or similar offense against at least five victims, there is no limitation.
Some Texas Cases May Have Exceptions or Special Circumstances
Texas law allows for exceptions to the statute of limitations on sexual assault in certain situations. This is something you should be aware of if you face allegations of a sexual assault that occurred more than a decade ago.
For example, if there is new evidence in the case, it could change the statute of limitations. DNA and “rape kit” testing is often delayed. A positive result in previously untested DNA evidence could reopen the case.
How Does Texas Law Define Sexual Assault?
According to Texas law, sexual assault occurs when someone intentionally or knowingly forces sexual activity on another person. This includes both penetration and other contact with sexual organs.
Force does not always occur through brute strength. It can also occur through threats, coercion, deception, abuse of power, unconsciousness, or incapacity. This means sexual assault could include an authority figure forcing themselves on a minor, someone taking advantage of an intoxicated person, abuse of the mentally disabled, or any type of sexual contact with a minor.
Aggravated sexual assault charges may be used when the victim suffers serious injuries, threats involving a deadly weapon, or the victim was an especially vulnerable person, such as a senior citizen or disabled individual.
Penalties for Sexual Assault Convictions in Texas
If you have concerns about sexual assault allegations, you want to speak to a Houston sex crimes defense lawyer as soon as possible. Sexual assault is generally a felony charge, and you could face serious, life-altering penalties if convicted.
As a second-degree felony, a conviction could mean:
- 2 to 20 years in prison
- Up to a $10,000 fine
- Mandatory sex offender registration
An aggravated sexual assault conviction—usually a first-degree felony—comes with even more severe penalties, including:
- 5 to 99 years or life in prison
- Up to a $10,000 fine
- Mandatory sex offender registration
These consequences are in addition to the scrutiny you could face at work, at home, and in your social life. Being listed on the sex offender registry and having a felony on your criminal record can make it difficult to find a job or rent a home.
Possible Defenses to Sexual Assault Charges in Texas
Facing sexual assault allegations does not necessarily mean you will be convicted and go to prison. With a strong criminal defense strategy, your attorney may be able to clear your name, reduce the charges you face, or otherwise help you get a better outcome in the case.
When you face sexual assault charges, there are several common legal defenses. Which one might best apply in your case will depend on the evidence and circumstances. Your attorney will develop a strategy and fight for your freedom and your future.
Some common defenses include:
- Consent: The act was consensual, and the accuser was legally able to give consent.
- Revenge: The accuser has some reason to want to see you in legal trouble or face penalties, such as a previous relationship that ended badly
- Mistaken Identity: The victim or eyewitnesses identified the wrong person, and someone else committed the crime.
- Insufficient Evidence: There is not enough evidence for the prosecution to prove guilt beyond a reasonable doubt, and the charges should be dismissed or dropped.
- Alibi: You were somewhere else when the alleged sexual assault occurred.
Discuss Your Texas Sexual Assault Case With Us Today
Blass Law’s attorney, Jay Blass Cohen, represents clients in a wide range of criminal defense cases, including sexual assault and aggravated sexual assault. If you face allegations of sexual assault, rape, or other related crimes within the statute of limitations in Texas, contact our team today.
We can go to work on your case before you face charges and protect your rights as it proceeds through the criminal justice process. A conviction is not a certainty. We are often able to clear client’s names or prevent them from facing the harshest penalties.
Trust your Texas sexual assault case to our criminal defense lawyer. Call us today for a confidential consultation.