Legal Question in Criminal Law in Texas
statute of limitations
Twenty five years ago two teenage boys raped a teenage girl, at the time nothing happened, the whole incident was never even mentioned to anyone when it happened, now one of the men has surfaced out in the public. I would like to see justice happen, what are the chances of this happening after 25 years has gone by?
1 Answer from Attorneys
Re: statute of limitations
Based on your description, probably nothing can happen. The Texas Penal Code 12.01, et al, explains the various felony statute of limitations provisions and how they are computed.
If there had been a sexual assault, and biological evidence had been collected, but not traced to anyone, then there would be no statute of limitations. Since it was not reported, I assume there was no evidence collected.
In most sexual assault cases the statute of limitations would be ten years, or in the event of a child, ten years from the victim's 18th birthday.
The law also states that the time the person is absent from the state is not computed against the statute of limitations. In my experience this related to cases where an indictment had been secured, and the defendant was absent. I have not had the experience of the victim not reporting the crime, and the defendant was absent from the state during that period; as to know whether the time is computed or not.
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