Legal Question in Family Law in Texas

Statute of limitations on sex crimes, Victims right and perps.

Can a husband hold a man responsible for alledgedly sexually assaulting the wife as a child. 25 years later. Will the perp have to testify/ The husband thinks his Children would be at risk. He wants a restraining order against the man. Is this possible?

Can Psychologist records be demanded?


Asked on 4/06/01, 8:20 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Statute of limitations on sex crimes, Victims right and perps.

You have asked an unusual question but I will attempt to answer it as best I can.

In civil law, only the victim (or the guardian of a child -- if the victim was a child) can press charges.

I see a couple of obvious problems with the proposed lawsuit. (1) There is a statute of limiations on crimes -- I think this crime exceeds the statute of limitations and (2) how was he the victim of the crime?

In criminal law, the "state" goes after the accused on behalf of the residents of the state.

If the man is a present danger to anyone, a restraining order or protective order is appropriate. If this person is harrassing you, contact the police. If the harrassment is being done via the telephone, contact the phone company.

A restraining order is easier to get than a protective order because a protective order is more powerful than a restraining order.

As I tell all my clients, a restraining order or protective order is merely a piece of paper. A piece of paper does NOT stop bullets, knives or fists.

Best of luck to you.

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Answered on 6/06/01, 12:59 am


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