Texas's Civil Statute of Limitations for Child Sexual Abuse

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Article: Remedies for Victims of Sexual Abuse

Article: Connecticut version of Remedies article

Article: Arizona - "Florez Revisited: Arizona's New Approach to Extending Statutes of Limitation in Childhood Sexual Abuse Cases"

Legal Resources for Victims of Sexual Abuse

Susan K. Smith
David M. Moore

Attorneys at Law

Mediation, Collaboration
Victims' Remedies
Injury Cases

Smith & Moore, LLC
www.SmithMooreLLC.com
smith-lawfirm.com

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The Fine Print: This web site provides general information only and cannot be relied upon as legal advice. Laws change and differ from State to State. Applicability of the legal principles discussed may differ substantially in individual situations. You should consult an attorney about your particular situation.

Civil Statute of Limitations
for Child Sexual Abuse

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Texas

Tex. Civ. Prac. & Rem. Code § 16.0045 provides a 5-year SOL for violation of (1) Section 22.011, Penal Code (sexual assault); or (2) Section 22.021, Penal Code (aggravated sexual assault) or Section 21.02, Penal Code (continuous sexual abuse of young child or children).

Majority Tolling Provision. Under Tex. Civ. Prac. & Rem. Code § 16.001, if the victim was a minor, the statute of limitations does not begin to run until his/her 18th birthday.

The Texas Supreme Court applies a case-by-case discovery rule. The discovery rule delays accrual of a cause of action until the plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of the injury. See S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996); Vesecky v. Fenwick, 880 S.W.2d 804 (Tex. App. 1994)

Resources:

Texas Legislature & Statutes

Texas Association Against Sexual Assault