The Texas statute of limitations for child for child molestation gives victims 30 years after their 18th birthday, or until age 48, to sue for childhood sexual abuse. Under the prior version of Texas Section 16.0045, the statute of limitations allowed victims 15 years after turning 18 to file suit. This meant survivors had until age 33 to pursue claims in court. After the passage of HB 3809, that window was doubled.
This change reflects a shift in how the legal system views delayed trauma and the barriers that prevent survivors from speaking out earlier in life.
Survivors Can Sue Institutions That Contributed to the Abuse
HB 3809 expanded the scope of who can be held accountable in civil cases. Survivors are no longer limited to filing lawsuits against the individual who harmed them—they can also take legal action against institutions like churches, schools, camps, or foster agencies that allowed the abuse to happen.
If an organization knew something was wrong and didn’t step in, they can be held responsible. For example, if a school ignored reports about a staff member’s behavior and failed to act, it may face legal consequences.
This added accountability has played an important role in high-profile cases involving religious institutions and youth programs, especially when victims claim there were deliberate cover-ups.
By allowing survivors to name the institutions alongside the individual abuser, the law encourages a broader reckoning with the systemic nature of abuse in some environments.
Limits of the New Law: Retroactivity Explained
Even though the statute now allows more time, it does not revive claims that were already time-barred before September 1, 2019. In other words, someone who was abused as a child in the 1980s or 1990s may still be unable to file a lawsuit if their right to sue expired under the old 15-year rule.
For example, a person abused in 1990 at age 10 would have had until 2013 (when they turned 33) to file. Since that deadline passed before HB 3809 took effect, the law does not extend their window—they remain barred from filing under current law.
However, victims whose claims were still valid as of September 1, 2019, can benefit from the new rule. Consider someone abused in 2005 at age 10. Under the old rule, they would have until 2028 to file. Because the deadline had not yet passed when HB 3809 was enacted, they now have until 2043 instead.
Likewise, anyone abused after September 1, 2019, automatically receives the longer 30-year period, with no retroactive issues to navigate. For this reason, it is important to speak with an experienced Houston child sexual abuse defense lawyer to ensure a claim has been filed in the appropriate time frame.
Why the Extension Matters
This extended statute gives survivors more breathing room to process what happened, seek counseling, and make the difficult decision to file a lawsuit without the pressure of an early legal deadline. In many child sex abuse cases, the emotional and psychological impact can delay disclosure for decades.
Victims are often silenced by shame, fear of retaliation, or complex family and institutional dynamics. HB 3809 recognizes these realities by expanding the time to act.
Still, the law draws a line—once a claim is time-barred under the old law, it remains so. This creates an uneven landscape where some victims have access to the courts, and others do not, depending on when the abuse occurred and whether they acted in time.
If you’ve been accused of child sexual abuse in Texas based on conduct from the past, you should understand how Section 16.0045 works and what impact the law may have on your situation.
Criminal Cases vs Civil Cases
When it comes to sexual offenses involving children in Texas, the statute of limitations isn’t the same across the board. It changes depending on whether the case is criminal or civil. While criminal cases aim to hold the accused accountable through imprisonment or other penalties, civil lawsuits focus on compensating the victim. In some situations, both types of proceedings can happen at the same time.
How Criminal Statutes of Limitations Work in Texas
For criminal sexual offenses involving minors, the law offers longer time windows due to the nature of the alleged harm. In general, if the offense happened when the victim was under 17, the statute of limitations is 20 years from the date of the victim’s 18th birthday. However, several Texas sex crimes don’t have any time limit for prosecution.
No criminal statute of limitations applies to:
- Sexual assault of a child
- Aggravated sexual assault of a child
- Continuous sexual abuse of a young child
- Indecency with a child
These crimes can be prosecuted at any point in time, regardless of how many years have passed since the alleged abuse.
The following crimes do have a criminal statute of limitations:
- Sexual performance by a child
- Burglary of a home with intent to commit a sex offense
- Aggravated kidnapping with intent to commit a sex offense
For each of these, the statute of limitations is 20 years from the victim’s 18th birthday, provided no exception applies. One important exception is based on DNA evidence: if biological material is recovered and tested but does not match the accused or any previously identified individual, there may be no statute of limitations at all.
Civil Statute of Limitations for Sex Offenses Against Children
In civil court, Texas law gives survivors of child sexual abuse even more time to file a claim. As we mentioned, victims can bring a lawsuit until they turn 48, which is 30 years after reaching the age of majority. This extended time frame applies to civil claims involving:
- Sexual abuse
- Aggravated sexual abuse
- Continuous sexual abuse
- Trafficking
- Compelling prostitution of a child
In other situations, civil claims may need to be filed within 10 or 20 years after the victim turns 18. For example, trafficking of children for non-sexual labor and compelling prostitution fall under the 10-year category.
Because these cases are complex and the deadlines can vary, having the right legal help matters. Our experienced Houston sex crime defense lawyers know how to handle both civil and criminal aspects can guide you through each step, protect your rights, and help you avoid mistakes that could cost you your case.
Award-Winning Houston Child Sexual Abuse Defense Lawyer
When you’re being accused of something as serious as child molestation—especially in cases where the allegations date back years—it’s not enough to simply hire a lawyer. You need a defense team that understands how to handle old claims, flawed memories, and the pressure that comes with these charges.
At our firm, Scheiner DWI & Criminal Defense Lawyers, we have decades of experience handling these cases across Texas.
Led by Board Certified Criminal Law Specialist Grant Scheiner, our firm has successfully defended clients in complex, high-stakes sex crime cases where timing, credibility, and due process matter just as much as the facts themselves.
We’ve been recognized for our work in criminal defense, but what sets us apart is our practical skill in identifying weak points in the state’s case—from unreliable witnesses to problems in how the investigation was handled.
Allegations from the distant past come with unique challenges, but we’ve been through it before. If you’re facing this kind of situation, our firm is ready to provide the focused, experienced defense these cases demand. Contact us today for a confidential consultation.
Locations we have assisted individuals falsely accused of sex offenses include Houston, Pearland, League City, Katy, and more.
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