Legal Question in Criminal Law in Texas

Can somebody be tried thirteen years later, for something they didn't do.

I kept kids for years, one of the girls I kept from the time she was 6 weeks old until 13, told her parents two weeks ago, before she was to go to the gynecologist for the first time that one of my sons raped her when she was five. (She is 18 and in college, currently.) She started dating a boy when she was 14, engaged to him at 15 and then broke the engagement when she was 17, and we feel like she is sexually active and was afraid her parents (dad) would find out, so she had to have a story. My son would of been 12 at this time and is now 25 and has a child. My son was devastated when we told him what she said. Her dad told us he would kill our son. The girl claiming this kept coming to my house for seven more years. She never cried or didn't want to come and she even spent the night on Friday nights to have a slumber party with my other kids. Since my son did nothing wrong, we were only worrying about the threat on his life. But a call a couple of days ago from a detective that is investigating this has really upset us. Is there anything that can happen?


Asked on 1/28/02, 12:48 pm

2 Answers from Attorneys
Brandon Manus Manus Law Office

Re: Can somebody be tried thirteen years later, for something they didn't do.

The short answer to your question is yes, he could be arrested, tried and if found guilty, sent to jail. If the charge is indecency with a child, sexual assault or aggravatetd sexual assault, then the statute of limitations does not run until 10 years after the victim's (the girl's 18th birthday). If your son is being investigated, he may be in BIG trouble and needs a Lawyer ASAP! If you live in the Dallas-Fort Worth area, have him call me at 817 763 0600.

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Answered on 1/28/02, 3:33 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Can somebody be tried thirteen years later, for something they didn't do.

I had a case like this last week. The state will have a problem without a specific date of the violation. However, do not allow your son to speak to the police with out an attorney present.

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Answered on 2/02/02, 8:10 pm


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