TDCAA Community
statute of limitations

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July 02, 2010, 10:08
Rachel Patton
statute of limitations
In 1992 the sol for sexual assault of a child was 10 years. When did it change to 10 years after the child's eighteenth birthday?

And as long as the sol has not run at the time the law is changed, doesn't the new sol apply?

I guess the short question is, sexual assault of a child committed in 1992, victim is now 25. Is the case still within the sol??


Thanks!
July 02, 2010, 10:19
John A. Stride
I consulted the TDCCA publication "Investigation & Prosecution of Child Sexual Abuse", which contains a plethora of information on the SOL and the changes in the law-including a helpful chart. See pp 38-40. From 87-97, the SOL was just 10 years from the date of the offense. In 1997, it was expanded to 10 years from the date of the victim's 18th birthday.

Two SOL "savings" cases are Lindsey 760 sw2d 649 (CCA 88); Archer, 577 sw2d 244 (CCA 79.

You should be good to proceed.