Statute of Limitations for Sexual Assault of Adults in Texas

In Texas, the statute of limitations for rape, also known as sexual assault, varies depending on the severity of the offense and the age of the victim.

For cases involving sexual assault where DNA evidence is collected and preserved, there is no statute of limitations. This means that charges can be brought at any time, regardless of how much time has passed since the commission of the crime. Today we see prosecutors bringing cold case sexual assault charges involving rape accusations that were reported 20 0r 30 years ago based on DNA matches. Law enforcement has used DNA ancestry test into cold case crime solving tools.

For cases involving sexual assault where the victim is an adult at the time of the offense, the statute of limitations is typically 10 years from the date of the offense. However, this time limit may also be extended if DNA evidence is collected and preserved.

There is no statute of limitations for aggravated sexual assaults. An aggravated sexual assault occurs when the victim has severely injured or threatened with a deadly weapon. Aggravated sexual assault also includes cases where the victim is mentally or physically incapacitated.

Another scenario where there is no statute of limitations is when the same suspect is a serial rapist. Specifically, when there are 5 or more victims who have been sexually assaulted in the same or similar manner.

If you are investigated or arrested for a sexual assault charge, contact a criminal attorney as soon as possible. Do not talk with the police until you have spoken with a criminal attorney.