I'm looking at a potential agg sex assault of a 14 year old that occurred in 1990. The statute of limitations carried forward until the 28th birthday statute was in effect. The complainant turned 28 in 2004 without reporting, so the 2007 "no limitations" statute is not helpful. BUT there is a child who is the offspring of the 1990 sexual assault. would DNA testing of the child today trigger the 2001 "no limitations w/ DNA" statute and carry the case forward through to the 2007 statute???

it seems like the statute is contemplating a rape kit or the collection of evidence at the time of the assault. but if the police open an investigation NOW and obtain DNA evidence in the form of a sample from the child, wouldn't that work?

hmmm . . . case law even mentioning the DNA clause in 12.01 is sparse. anybody? anybody? bueller? bueller?

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Posts: 17 | Location: Wharton, TX | Registered: February 10, 2010

Could this case, or another strongly worded ruling by a respected judge and court, essentially serve as the example and case law that re-opens any and every case that ever wanted another go at it?
Could that day be what "they" have been talking about/expecting?

Zombie Apocalypse? Night of The Living Dead?
duh dum dum...... tissssssssssshhh

(Okay use your imagination, massive case loads, DA's office sweating, the convicted walking the street temporarily)