Statute of Limitations Effect on Sexual Abuse Allegations

 Posted on June 05, 2025 in Criminal Defense

Statutes of limitations (SOL) are a window of time in which victims and the state have to bring criminal charges or a civil lawsuit. Murder is exempted from the statute of limitations in most states, meaning a person can be prosecuted for murder no matter how long it has been since the crime occurred. Sex crimes against minors, certain other violent crimes, and crimes that involve public funds may have no statute of limitations in some states.

Statutes of limitations vary from state to state and according to whether the claim is criminal or civil. An alleged sexual abuse crime in Texas has brought the issue of statutes of limitations to the forefront. A North Texas megachurch founder and pastor faces child sex abuse charges in Oklahoma for allegations that he had sexual relations with a 12-year-old girl in Oklahoma when he was a traveling preacher in the 1980s. The victim is now 55, meaning under Texas law, the statute of limitations for a civil claim has tolled.

Criminal charges were brought in Oklahoma (five counts of lewd or indecent acts with a child). The Oklahoma grand jury claimed there was no criminal statute of limitations because the pastor was not a resident of Oklahoma at the time of the alleged acts. If you have been charged with a sex crime from many years ago, it can be even more difficult to defend yourself. An experienced Plano, TX criminal defense lawyer can ensure your rights are protected while building a strong defense on your behalf.  

What Are the Texas Statute of Limitations for Sex Crimes?

Across Texas, rape and other assault offenses that occur when the victim is 18 or older at the time is 10 years from the date the offense occurs. When the sex crime in question is against a child, the SOL is extended. The statute of limitations for a criminal sex abuse case for a victim who is under 17 at the time the crime occurred is 20 years from the time the victim turns 18. There is no state SOL for sexual assault against a child or indecency with a child.  

The civil SOL for a sex crime against an adult is five years after the offense occurred. The exceptions to this statute involve rape or aggravated rape cases where no suspect has been identified or rape cases that involves a serial rapist. A civil sex crimes case that involves a minor can have a statute of limitations that is from 10 to 30 years following the victim’s 18th birthday. The 20-year statute covers aggravated kidnapping with intent to sexually abuse, sexual performance by a child, and burglary with the intent to sexually assault a child.  

Texas Civil Practice and Remedies Code Section 16.0045, as amended in 2019, establishes two distinct limitation periods based on the victim’s age at the time of the abuse and the type of sexual abuse. Unfortunately, the time extension does not apply retroactively.  Victims have until 30 years after their 18th birthday to file a civil lawsuit for a civil claim arising from sexual abuse or assault of a child. The 30-year statute includes sexual abuse, aggravated sexual abuse, continuous sexual abuse, child trafficking, and compelling the prostitution of a child.

Contact a Collin County, TX Sex Crimes Attorney

While it is more difficult to mount a defense against claims of sexual abuse from decades ago, it is not impossible. A Plano, TX sex crimes lawyer from The Crowder Law Firm, P.C. can comprehensively assess the facts, circumstances, and evidence, then present your options. Attorney Crowder is extremely knowledgeable and aggressive and has extensive experience defending federal crimes and child sex crimes in particular. The Crowder Law Firm, P.C. has secured more than 300 not-guilty verdicts and acquittals for clients. Call 214-544-0061 to schedule your free consultation.