Texas allows victims of sexual assault a generous amount of time to file a civil lawsuit. The precise time you have to pursue a civil sexual assault lawsuit can vary. Let’s take a closer look at the Texas sexual assault statute of limitations for a civil lawsuit.

What Is a Statute of Limitations?

A statute of limitations is a timeframe in which you have to initiate legal proceedings. They exist in both the civil and criminal arenas and will usually vary among types of cases and jurisdictions. In other words, states will have their own prescribed time for bringing certain kinds of legal actions. If you are contemplating filing a lawsuit, understanding the relevant statute of limitations is critical to preserving your rights.

Statutes of limitations serve an important purpose: They protect potential plaintiffs and defendants. These time restrictions ensure legal proceedings are timely adjudicated and help prevent individuals from filing frivolous lawsuits and pursuing legal remedies while evidence is still readily available. 

What Is the Statute of Limitations for Sexual Abuse Lawsuits in Texas?

Before 2019, child sexual assault victims had 15 years from their 18th birthday to file a civil lawsuit for damages. Adult victims had just five years from the date of the assault.

However, in 2019, the Texas Legislature passed a bill to allow child victims more time to initiate a claim. Now, child sexual assault victims have 30 years from their 18th birthday to file a civil complaint. In other words, you may have up until you turn 48 years old to hold your abuser accountable.

Compared to other personal injury causes of action, 30 years is a generous amount of time to initiate a lawsuit. Given the sensitive nature of a sexual assault claim, it makes practical sense to allow for an extended period to bring a claim forward. Often, victims may be fearful, embarrassed, or believe they have no recourse for what was done to them and do not initially come forward. It may not be well into adulthood that a victim realizes they can—and should—speak up and pursue their legal rights and options. 

When Should I Contact an Attorney?

Although Texas has changed the law to provide for 30 years to file your case, we strongly encourage you to contact an attorney as soon as possible to discuss your options for two significant reasons.

There are always exceptions to the general statute of limitations rule that may shorten or lengthen the time you must file your suit. Consulting with an attorney early on will ensure you do not miss your applicable deadline. 

Practically speaking, initiating your case as soon as possible can help increase your chances of success. The more time passes, the more likely evidence will be lost, memories will fade, and parties or witnesses may be unavailable. Pursuing a lawsuit while your recollection is still fresh is always a good idea. In addition, the more time that passes, the harder it will be to gather the evidence you might need. For instance, physical evidence such as DNA degrades over time, and evidence such as video surveillance or electronic logs are usually only stored for a certain period before being erased and lost forever. 

While it is best to pursue your case immediately, even if a significant amount of time has passed, you may still have a strong case for civil damages. Our seasoned attorneys will advocate zealously on your behalf no matter how much time has passed. 

Who Can Be Held Accountable?

Importantly, parties other than the perpetrator may be liable to you for the harm you endured. Entities, institutions, and organizations may be liable if they knew, or should have known, of the danger and did nothing to stop or prevent the assault from occurring. Examples of entities that might be liable include:

• Churches,
• Clergies, and
• Schools. 

Initially, the bill providing 30 years for child sex abuse victims to bring their claims forward excluded these institutions. However, it has since been amended to include religious institutions, schools, and other organizations.

What If I Was Sexually Assaulted Before September 1, 2019?

Even if you were assaulted before the new law in 2019, you may still be eligible for the 30-year statute of limitations. Generally, the 30-year period applies if:

• The assault occurred before September 1, 2019, and
• The statute of limitations at the time of the assault has not passed.

In other words, if you were sexually abused on August 1, 2015, the previous 15-year time limit has not passed; therefore, your case falls under the new 30-year period. 

Regardless of when the abuse occurred, you should consult an experienced attorney to learn more about your legal rights and how to pursue justice, even years later.

Texas Civil Sexual Assault Attorneys Helping Survivors Seek Justice

At Grossman Law Offices, we have over 30 years of experience helping injured Texans seek the justice and compensation they deserve. Thomson Reuters has recognized us as one of the top lawyers in the State. Contact us today to schedule a compassionate consultation to learn how we can help you.