What is the Civil Statute of Limitations for Sexual Abuse in Texas?

Understanding Texas Civil Statute of Limitations for Sexual Abuse Claims

What are Statutes of Limitations?

A statute of limitations in civil law represents the maximum time period within which a person must file a lawsuit after an injury or harm occurs. These time limits serve multiple purposes: they ensure claims are brought while evidence is still fresh and available, provide certainty to potential defendants about their legal exposure, and encourage prompt resolution of legal disputes. However, in cases of sexual abuse, particularly involving minors, traditional statute of limitations frameworks have been recognized as inadequate due to the unique nature of these injuries and the often delayed disclosure of abuse.

Current Texas Law for Sexual Abuse Claims

Texas Civil Practice & Remedies Code Section 16.0045, as amended by House Bill 3809 in 2019, establishes two distinct limitation periods based on the type of sexual abuse and the victim’s age when the abuse occurred.

Claims Involving Child Victims

For personal injury claims arising from sexual abuse or assault of a child, the current law provides:

• Victims have until 30 years after their 18th birthday to file a civil lawsuit
• This means victims can file until age 48
• The extended period applies to claims involving:
  • Sexual abuse
  • Aggravated sexual abuse
  • Continuous sexual abuse
  • Trafficking
  • Compelling prostitution of a child

Claims Involving Adult Victims

For personal injury claims arising from sexual offenses against adults, the law establishes:

• A 5-year statute of limitations from the date of the incident
• This applies to adult sexual assault and other sexual crimes not involving minors

Sexual Abuse Civil Statute of Limitations Calculator

2019 Amendment to Section 16.0045 and Its Impact

House Bill 3809, effective September 1, 2019, significantly extended the statute of limitations for child sexual abuse claims from 15 years after the victim’s 18th birthday (age 33) to 30 years (age 48). However, this extension is not retroactive, leading to complex implications for different cases.

Understanding Retroactivity Through Examples

Example 1: Previously Expired Claims

Consider a victim who was abused in 1990 at age 10:

• Under the old law, their claim expired when they turned 33 (in 2013)
• When HB 3809 passed in 2019, this claim was already time-barred
• The new law cannot revive this expired claim
• The victim has no legal recourse under the current statute

Example 2: Still-Valid Claims

Consider a victim who was abused in 2005 at age 10:

• Under the old law, their claim would have expired when they turned 33 (in 2028)
• When HB 3809 passed in 2019, their claim was still valid
• The new 30-year limitation period applies
• They now have until age 48 (2043) to file their claim

Example 3: Post-2019 Claims

For abuse that occurred after September 1, 2019:

• The 30-year post-18 limitation period automatically applies
• A 10-year-old victim in 2020 would have until 2058 to file (when they turn 48)
• The extended period applies from the start, with no complexity about retroactivity

Practical Implications and Considerations

Practical implications surrounding abuse allegations require a thorough examination of both the dates of abuse and the victim’s age at the time the conduct occurred. Because older and newer statute of limitations (SOL) provisions may apply differently depending on the specifics, it is critically important to keep clear documentation of when the abuse took place. This evidence often determines whether a claim remains viable under current law.

Victims and advocates should consult with legal counsel promptly to clarify how these evolving SOL rules may affect potential claims. Even if a case initially appears time-barred, older allegations may still proceed under alternative legal theories. For this reason, preserving any available documentation or evidence—regardless of whether the SOL seems expired—remains essential. Regardless of the claim’s legal status, survivors are encouraged to seek support services to ensure they receive the care and guidance they need.

Contact Varghese Summersett to Advance a Civil Lawsuit for Child Sexual Abuse

Texas’s current statute of limitations for sexual abuse claims represents a significant evolution in recognizing the unique challenges these cases present. While the 2019 extension provides more time for victims to come forward, the non-retroactive nature of the law means that timing remains a critical factor in determining whether a claim can proceed. If you or a loved one is contemplating filing a civil claim for sexual abuse, give us a call for a confidential, complimentary consultation.