Skip to main content

What is the statue of limitations on statutory rape in the state of Texas?

Mcallen, TX |

Drunk girl claims she was raped. However, defendant claims she participated.

Attorney Answers 4

Posted

On these facts, in California it is 6 years.

Mark as helpful

1 lawyer agrees

Posted

"Statutory rape" is sexual assault of a child (in Texas, under 17). There is no statute of limitations, in Texas, on statutory rape, and consent is not a defense (unless the child was at least 14 and the defendant was no more than three years older than the child).

To the previous answerer: the question was specifically about Texas law. Please see http://ivi3.com/4.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

As Mark indicated, it is pointless to listen to anyone who would tell you about California law in this situation, because this crime happened in Texas.

However, I would respectfully disagree with Mark about the statute of limitations. Under these circumstances, there would be a ten year limitation on the prosecution if the alleged victim was 17 or older at the time. (TX Code of Criminal Procedure 12.01(2)). If the alleged victim was under 17 years old at the time, then the limitation would be 10 years from the time the child turns 18. (TX Code of Criminal Procedure 12.01(5)).

Whoever is charged with this crime needs to speak to a local criminal defense attorney as soon as possible to get more specific advice about their situation.

Mark as helpful

1 lawyer agrees

Posted

OK, ten years after complainant turns 18, or no limitation?

Depends on the alleged date of the offense. PC 22.011(a)(2) and 22.021(a)(1)(B) were moved from the ten years after 18th bday part and into the no limitations part of CCP 12.01, for offenses committed after 9/1/09.

And to think, there are no "points" left for answering this question anymore.

Mark as helpful

2 found this helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics