Legal Question in Criminal Law in Texas

Statue Of Limitations For Sexual Assualt

Back in 1996, I lived with a female roommate, we had sex a couple of times while living together. She became pregnant, we both thought it was by her boyfriend. When the child was born it was obvious that the child was bi-racial. I'm black and she's white. At the time of birth we were no longer living together. She placed the child up for adoption and noted me as the father, I filed against the adoption agency to receive custody. They inturn gave the child back to the mother. I filed with the state for assistance to establish paternity, I've now been proven as the biological father. When the results came back, her and her husband filed to have my parental rights terminated so her husband can adopt my daughter. Of course I wouldn't voluntary sign the papers because I want to have visitation rights. I can't afford an attorney so I'm doing everything on my own. We are in the discovery portion, and I just received her answers to my interrogatories, and in there she states that she doesn't want me to see my daughter because she's afraid of me because I sexually assaulted her and that's how she became pregnant. This is totally untrue, my question is, what's the statue of limitations in Texas to file a complaint for alleged sexual assualt


Asked on 4/20/04, 4:47 pm

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Statue Of Limitations For Sexual Assualt

For Sexual Assault there may be either no statute of limitations or a 10 year statute of limitations. Either way, she can still make a claim against you. The general rule on sexual assault is a ten-year statute of limitations on felony prosecution. The unlimited or no statute of limitations occurs if there was a DNA test done at the time of the investigation that did not match anyone readily available at the time. Therefore, it appears in your situation that the 10 year rule probably applies.

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Answered on 4/20/04, 5:03 pm


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