Legal Question in Criminal Law in Texas

Accusation filed - but investigation suspended indefinitely

A 16 year old female student told several adults that she was raped at school(reported that it had happened several times before)by an 18 year old male student. She went to the hospital, rape exam done, kit sent.

The school district Police Dept. was notified (their jurisdiction) & an officer began the investigation.

The male student & his parents heard some vague rumors and called the department for information. The case was no longer being investigated as the police said that the accuser & her parents decided not to persue it further-preferring not to go through the ordeal of testifying or interviewing. The investigation file was 'closed' but remains on file as the case 'could be opened by the complaintant any time'.

What is the statute of limitations on this?

The male student did not know about the accusation, was not questioned, and had no chance to clear himself.

He was wrongfully accused.

The name of the accuser is confidential, but can he get a copy of the report with her name stricken from it so he has factual info only?

What can or should he do since the complaint wasn't dropped?

What rights does he have since he was accused but the investigation is suspended?


Asked on 5/31/04, 4:02 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Accusation filed - but investigation suspended indefinitely

What is the statute of limitations on this? In Texas, the Statute of limitations is ten years after the minor becomes an adult.

Can he get a copy of the report with her name stricken from it so he has factual info only? No, generally, the public is not allowed to have copies of such reports.

What can or should he do since the complaint wasn't dropped? The investigation of the complaint has virtually been dropped since the investigation is closed,and I am sorry there is nothing that can be done, and he does not have to clear his name, since no charges have been filed.

Read more
Answered on 5/31/04, 7:30 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas