How Long Do You Have to File a Civil Lawsuit for Sexual Abuse in Texas?

In Texas, the statute of limitations for filing a sexual abuse lawsuit depends on whether the victim was a child or an adult at the time of the incident. Even if you think you might be outside the statute of limitations, you could still have options for legal recourse. You may wish to consult an attorney to discuss your situation and hear about these options, even if you aren’t quite sure whether you want to pursue justice in court. 

At Crowe Arnold & Majors, LLP, our Dallas sexual assault victim lawyers understand that survivors have sensitive concerns. It isn’t easy to step forward, even after a long time. Know that your information will be kept strictly confidential and that you will be treated with dignity and respect, no matter what you choose to do. 

Statute of Limitations on Sexual Assault in Texas 

In Texas, in civil court matters, the statute of limitations for sexual assault when the victim is 18 or older is typically 5 years from the date of the offense. However, if there are certain aggravating factors, such as the use of violence or threats, the limitations period could be extended. For minors under 17, the statute of limitations ranges from 10 to 20 years after their birthday.  

Additionally, in Texas, certain serious sexual offenses have no statute of limitations, meaning they can be prosecuted at any time, regardless of how much time has passed. These offenses include: 

1. Sexual assault where DNA evidence identifies the suspect even if the victim was 18 or older at the time. The statute of limitations is considered “indefinite” in such situations. 

2. Sexual assault of a child, regardless of when it occurred. Charges can be brought against the perpetrator at any time. This applies to both sexual assault and aggravated sexual assault of a child. 

3. Aggravated sexual assault involves additional factors such as the use of a deadly weapon, causing serious bodily injury, or when the victim is under 14 years old or an elderly or disabled individual. 

These above cases are considered particularly serious due to the nature of the crime or the vulnerability of the victim. The absence of a time limit reflects the state’s effort to provide justice to survivors of child sexual abuse, who may not come forward until years later. 

Legal Options for Victims 

When filing a sexual abuse lawsuit, victims in Texas have several legal options in a civil case to seek compensation for the harm they suffered, which include: 

1. Filing a personal injury lawsuit: Victims can sue the perpetrator for damages, such as medical expenses, lost wages, emotional distress, pain and suffering, and any other harm caused by the assault. Punitive damages may sometimes be awarded to punish particularly egregious conduct. 

2. Suing third parties for negligence: Victims may also have the option to sue third parties if their negligence contributed to the assault. For example, employers, schools, landlords, or other institutions might be liable if they failed to provide adequate security or oversight, leading to the assault. 

3. Civil Suits under the Texas Crime Victims’ Compensation Program: While not technically a lawsuit, sexual assault victims may apply for financial assistance through this state program, which helps cover medical costs, counseling, and other related expenses. 

Confidentiality and protective orders: Victims may request protective orders during civil proceedings to protect their privacy and safety, ensuring that their identity and personal information remain confidential if necessary.

The Legal Process for Sexual Assault Cases

In Texas, the legal process for civil sexual assault cases begins with the victim filing a lawsuit against the perpetrator, seeking compensation for damages such as medical expenses, emotional distress, and lost wages. The case typically moves through a discovery phase, where both sides gather evidence, including witness testimony and documentation.  

If a settlement is not reached, the case may proceed to trial, where a jury or judge decides on liability and damages. Additionally, as noted, victims may sue third parties if negligence contributed to the assault.

Exceptions and Extensions to Statutes of Limitations in Texas

For most personal injury claims in Texas, the statute of limitations is two years. However, in some cases, Texas law recognizes that the plaintiff may need more time to file a claim, so there are some exceptions and extensions to the statutes of limitations.

• In product liability cases, the statute of limitations is either 15 years or the length of time that the retailer or manufacturer states in writing that the product will be safe, whichever is longer.
• Personal injuries that result in the death of the victim. In these cases, the statute of limitations does not begin to toll until the victim dies–even when death occurs months after the accident.
• If a construction defect has injured a person, the statute of limitations is ten years.
• If the defendant is out of state, the statute of limitations is paused until they return to Texas or can be served, whichever comes first.
• For child sexual abuse victims, the statute of limitations is 30 years and does not begin to toll until the victim turns 18. In other words, the victim can file a lawsuit until they turn 48.

The Importance of Timely Action for Sexual Abuse Lawsuits

Statutes of limitations ensure fairness in the judicial system by mandating timely dispute resolution, preventing the delay of justice, and preserving critical evidence. Understanding these deadlines is crucial because missing them can have consequences, such as hindering compensation and weakening the legal integrity of the case, limiting your options for compensation or justice. 

If you were a sexual assault victim in Dallas, the compassionate attorneys at Crowe Arnold & Majors, LLP can ensure that your claim for sexual assault is filed in a timely manner.

The Impact of Delaying Legal Action

Delaying legal action by waiting too long to hire legal counsel can impact your case even if you are within the statute of limitations. Valuable evidence may disappear or be erased, witnesses may have moved away, or the passage of time has dulled their memory. Asking them to recall details crucial to the success of your case years later is riskier than testifying about an event that happened more recently.  

What Is The Statute Of Limitations For Sexual Abuse Lawsuits?

The statute of limitations for sexual abuse lawsuits in Texas has been modified. Previously, child victims of sexual assault had 15 years to file a claim dating from the their eighteenth birthday. Adult victims of sexual assault had five years. That deadline is calculated from the date of the attack.

However, in 2019, Texas legislators passed a new law that gave child victims more time to file. The new law allows for a 30-year statute of limitations on child sexual abuse. That deadline is calculated from the date of the victim’s 18^th birthday. Initially, the bill exempted churches and nonprofits from the expanded statute of limitations. However, victims of sexual abuse protested this exception, and the House amended the bill to include those institutions.

Seeking Justice Before The Statute Of Limitations Expires

The extended 30-year statute of limitations gives victims significantly more time. Those who might have previously been barred from filing a claim may now have the opportunity to pursue justice in court. However, it’s still important to get in touch with our team of Dallas sexual abuse victim lawyers as soon as possible.

This is because it takes time to investigate these cases and gather evidence. This is particularly true of attacks that happened years ago. Over time, memories fade, and physical evidence degrades. It can take a while to put together a solid case, so it’s vital for victims to reach out for legal help sooner rather than later.

Similarly, victims should strive to preserve physical evidence after the attack, even if they aren’t sure whether they want to file a claim. It’s strongly recommended that victims seek medical attention. A Sexual Assault Nurse Examiner (SANE) can complete a medical forensic exam. Victims have the right to have an advocate present to provide emotional support. They also have the right to provide consent– or withdraw it– for any portion of the exam. However, in the interest of pursuing justice, it’s recommended that they consent to the entire exam.

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How Our Law Firm Can Help

The importance of a sexual assault lawyer cannot be overestimated. We will advocate for your rights and fight for the maximum recovery possible. Our attorneys handle civil sexual assault cases against institutions and organizations that, through negligence or willful misconduct, allowed or facilitated the abuse. 

We obtained a $3.3 million settlement for a client who was raped at a fast-food restaurant by a manager. We have also obtained multiple and substantial settlements for clients who were sexually abused by Catholic priests. Based in Dallas, we serve all of North Texas.

Contact Us For A Free Consultation

At Crowe Arnold & Majors, LLP, we understand that it can be difficult to step forward. Our team of Dallas sexual abuse victim lawyers believes in fully educating individuals about their rights and options and letting them decide whether to move forward with a lawsuit.

We will never pressure you; it’s entirely your decision. If you’re ready to hold your abusers accountable for their actions, we’re here to help. Let us meet with you to discuss your rights and options during a free initial consultation. You can chat with us online or contact us to request a consult with a Dallas personal
injury attorney.

Sexual Abuse Lawsuits Frequently Asked Questions