Venice, FL asked in Criminal Law and Domestic Violence for Texas

Q: My wife was raped and abused by her adopted brother from 12 to 14. Now 32, can she press charges in Texas

She is currently 32. This occurred in Texas around 98-99 and she wound up pregnant and gave birth to a son. She is wondering if there is any way after all these years she could have charges filed to try to get some justice. Years of therapy has now suggested that she try to pursue this avenue to receive some closure from the events in her childhood.

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: She may contact law enforcement in the county where the events occurred. Good luck.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I notice that you are asking from Florida. The prosecution, if any, will occur in the county where the offenses occurred and follow the corresponding state law.

The current version of Article 12.01 of the Texas Penal Code says that the statute of limitations does not apply to the offense of Sexual Assault of a Child. So the case could technically be prosecuted in Texas, assuming that the current version of the law is applicable to offenses committed in 1998-99. Chapter 12 has been amended almost two dozen times since then and I don't have time to check the legislative history.

Determine the address where the offense occurred before you report it. The address will help resolve the question of whether the report should go to the city police or the county sheriff's department.

Finally, be aware that even if the case can technically still be prosecuted, there is a chance that either law enforcement won't pursue the case or that the DA will reject it because of the age of the case or the age of the offender at the time of the offense.

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