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

Asked almost 5 years ago - Mcallen, TX

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

Attorney answers (4)

  1. James Robert John Spencer

    Contributor Level 7

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    Answered . 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.

  2. Mark W. Bennett

    Contributor Level 10

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    Answered . "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.

  3. Paul Holt Walcutt

    Contributor Level 16

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    Answered . 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.

  4. Michael Douglas Shafer

    Contributor Level 20

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    Answered . On these facts, in California it is 6 years.

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