Sexual abuse can cause severe emotional, psychological, and physical trauma, along with lost work and medical bills. A victim may be entitled to file a civil sexual abuse lawsuit against the attacker to hold them financially accountable — but Texas sets specific time limits on how long you have to bring that claim.
What counts as sexual abuse
Sexual abuse includes any nonconsensual sexual act committed against a victim. It covers a wide range of conduct that occurs without the victim’s consent, including:
- Groping or unwanted touching of private areas, over or under the clothing
- Unwanted sexual penetration, oral sex, or anal sex
- Attacks by a family member, teacher, coach, or clergy member
- Sexual abuse committed when the victim was a child
- Sexual abuse against those who cannot consent, such as children, the mentally infirm, or incapacitated individuals
What a statute of limitations is
A statute of limitations is the legal deadline for filing a case in court. If you fail to file by the applicable deadline, the trial court will likely dismiss the lawsuit as untimely — which can mean losing a case you would have won had it been filed on time. These limits exist so valid claims are brought within a reasonable period and before evidence needed to prove or defend the case is lost. Criminal and civil sexual abuse cases run on separate clocks.
Deadlines in criminal sexual abuse cases
A criminal case is separate from a civil claim. It is brought by a state prosecutor and seeks punishment through fines and prison time rather than compensation for the victim. Under Texas criminal law, there is no statute of limitations for several of the most serious child sex crimes:
- Continuous sexual abuse of a child
- Aggravated sexual assault of a child
- Sexual assault of a child
- Indecency with a child
For other sex crimes against children, the period runs 20 years from the date the child turns 18. For adults, most sexual abuse crimes carry a 10-year limitation from the date of the incident, though longer or shorter periods can apply. Because criminal deadlines have many nuances, a victim can speak with local law enforcement or a prosecutor to learn more.
Deadlines in civil sexual abuse lawsuits
A civil sexual abuse lawsuit pursues financial compensation from the attacker and runs on its own clock. Before 2019, most Texas victims had only 15 years from their 18th birthday to file. After the #MeToo movement and a broader push to hold abusers accountable, Texas extended that window.
House Bill 3809, effective September 1, 2019, now permits a victim to file a civil sexual abuse lawsuit up to 30 years after their 18th birthday — until the age of 48. Beyond suing the abuser directly, a victim may also seek compensation from institutions that enabled the abuse, such as churches, schools and universities, community organizations, and clinics.
What if the assault happened before September 1, 2019?
Even older incidents may qualify for the 30-year window. The new period applies if the incident occurred before September 1, 2019 and the statute of limitations in place at the time had not yet passed when the new law took effect. For example, an assault on January 8, 2018 was still within the prior 15-year period when HB 3809 became law, so the 30-year deadline now applies. If your attack happened recently or many years ago, an attorney can tell you whether your case is still viable, since several exceptions may also pause the clock.
Pursue compensation with a civil claim
The statute of limitations is one of the most confusing parts of the legal system for survivors. If you were sexually abused, you have the right to report the crime and to hold your attacker responsible. A Texas injury lawyer can confirm which deadline applies to your case and help preserve the evidence before time runs out.