HELP!! I had a call from an investigator about the possibility of prosecuting a man for indecency with a child and sexual assault (his daughters) committed in the years prior to 1975. It ended when the 15 year old killed herself in the school gym. Apparently the other daughter didn't outcry until 1995 and my investigator just now learned of it when the daughter approached him about possible prosecution. I looked up the versions of 12.01 that were in effect from 9/1/73 through 1983, and it looks like prosecution is a no go. Am I correct (really dumb question from a non-prosecutor) that changes to the statute of limitations are not retroactive?

Again, I apologize for the stupid question and I'm sure I could find the answer with some research, but I decided to make use of the fine prosecutors that hang out in this forum.

Janette Ansolabehere
DPS

If the SOL was increased before the original SOL expires, you can "bootstrap" back. I think some of the more legally literate posters covered this with some cites awhile back. I don't know how to link to a thread but look at "Statute of Limitations expires today~maybe" thread.

I will go back and check to see when the change occurred. I have a gut feeling though that this guy will walk.

Janette Ansolabehere

This question comes up every now and then, so we wrote it down. Here is our summary:

Prior to August 26, 1985, the period of limitation for indecency with a child was 3 years. On August 26, 1985, the period of limitation became 5 years for indecency with a child. Acts, 69th Leg., p. 1393, ch. 330, sec. 1, eff. August 26, 1985. But prosecution of an offense that was barred on August 25, 1985 remained barred. Id. at sec. 2. Therefore, prosecution of indecencies with a child committed through August 25, 1982 were barred by the former 3 year statute.

On September 1, 1987, the period of limitation became 10 years for indecency with a child. Acts 70th Leg., p. 2591, ch. 716, sec. 1, eff. September 1, 1987. Again, prosecution of an offense that was barred on August 31, 1987 remained barred. Id. at sec. 2.

Thanks John,

I can always count on you to know the answer. My Ranger is not going to be happy, but he told me upfront he believed that prosecution was out under 12.01.

Janette Ansolabehere