Q: Is there a statute of limitations in Texas for having sex with a 16yo girlfriend when the boyfriend is 20yo?
After nearly 30 years of marriage, my hostile ex-spouse is holding this threat of "outing me" for being in a relationship with her when she was 16 and I was 20. (nearly 30 years ago) We were in a steady relationship until we married, and remained married for 23 years. She had some bad legal advice from her co-workers (and no attorney) and nearly every "gotcha" she tried to spring on me to coerce money and/or other support has failed miserably. Is there a statute of limitations for this? I can't seem to find anything concrete with my research, it's all gray area. She continues to formulate her version of "history" to friends, co-workers, and other family members to make me look bad, to try and sway the kids to her "side", etc. But thankfully they know it's not true. Much appreciated!!
Edit: The recent response was extremely helpful and worked in my favor when actual birthdate was factored. Thank you so much for your help!
A: According to Article 12.05 (5) of the Texas Code of Criminal Procedure, for certain crimes, if the victim was under 17 years old at the time of the alleged offense, then the 20-year time period of the statute of limitations starts on the victim's 18th birthday, not at the earlier date of the alleged offense.
A:
Prosecution is barred by limitations if your ex-spouse was at least 28 years old BEFORE September 1, 2007
The 20 years from the 18th birthday amendment went into effect in 2007 and applies to the crime of Sexual Performance of a Child. The same amendment totally removed the limitations period for sexual assault of a child... so, like the crime of murder, that offense can be prosecuted at any time in the future. HOWEVER, this change is only retroactive to those offenses where prosecution was not ALREADY barred by limitations under the old law... And the old law defined the limitations period as 10 years from the alleged victim's 18th birthday.
Now, working backwards... 30 years ago would have been 1992. You said it was "almost" 30 years ago so let's assume you had sex with a 16-year-old in 1995. That would put her 18th birthday in 1997 and her 28th birthday in 2007. Under this scenario, you are safe if her birthday is before September 1st and subject to prosecution if her birthday is after September 1st.
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