Am I correct that there is no statute of limitation? Please Read

[gziage]

What is the name of your state (only U.S. law)? Texas

I was molested as a child by my karate instructor in 5th Grade. He showed me porn magazines, showed his genitals and had me pull down my pants to give me oral sex. There are more details and I have alot of information to track the guy down. I plan to go Wednesday to file a police report to just get this off my chest and maybe something can happen to investigate this guy's recent activity. I dont really want to pursue criminal charges just sue for damages but I will if recommended.

Im already going to be 29 soon and I want to prevent this guy from hurting anymore children. Recovering slowly, I was troubled as a teenager and still troubled as an adult. I recently had a daughter a few years ago, this changed my life and I started going to college to change my life more. This guy doing what he did to me has really affected my personal life, I didn't realize I had a problem till it was too late. Im diagnosed schizo-affective and depressed and my relationships personal and professional are always diminished quickly. Now that I am working to finish 2 degrees in school I want to start a new life.

I finally got the courage to report this but I want some advice. Is it even worth the time? Is there a lifted statute of limitation in TX? I really dont have money for a lawyer so can I get crime victims assistance and compensation?

I just came across this and I think there is no statute of limitation. Its at the beginning Under Chapter 12 A-F.

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 12. LIMITATION

Art. 12.01. FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;

(C) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;

(D) continuous sexual abuse of young child or children under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11, Penal Code; or

(F) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;

(2) ten years from the date of the commission of the offense:

(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government property over which he exercises control in his official capacity;

(C) forgery or the uttering, using or passing of forged instruments;

(D) injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;

(E) sexual assault, except as provided by Subdivision (1); or

(F) arson;

(3) seven years from the date of the commission of the offense:

(A) misapplication of fiduciary property or property of a financial institution;

(B) securing execution of document by deception;

(C) a felony violation under Chapter 162, Tax Code;

(D) false statement to obtain property or credit under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section 32.31, Penal Code; or

(G) fraudulent use or possession of identifying information under Section 32.51, Penal Code;

 

[BOR]

Whatever element you think has none, you need to check when that was legislated.

If it happened 24 years ago, the SOL may have been different.

The SOL at the time it happened applies, not today's. The Ex Post Facto clause forbids retroactive SOL's.

 

[Tex Lawyer]

Any civil claim you may have had for money damages is barred by the statute of limitations. In Texas, minors have until two years after reaching the age of majority to bring personal injury claims. There are a couple of exceptions (fraudulent concealment, discovery rule) which do not appear to be applicable in your case. Thus, you had until your 20th birthday to bring any claims.

The statute you cite is the criminal statute. It does not govern civil cases. Sorry for your problems.

 

[Proserpina]

Any civil claim you may have had for money damages is barred by the statute of limitations. In Texas, minors have until two years after reaching the age of majority to bring personal injury claims. There are a couple of exceptions (fraudulent concealment, discovery rule) which do not appear to be applicable in your case. Thus, you had until your 20th birthday to bring any claims.

The statute you cite is the criminal statute. It does not govern civil cases. Sorry for your problems.

Are you an attorney?

 

[CavemanLawyer]

The current statute of limitations regarding sexual assault of a child and the like (agg. sex assault, indecency, etc..) is the one you are looking at and it has no limitations period for such crimes. This is a recently amended section that went into effect in September of 2007. Since your offense occurred prior to this you go by the limitations in place at that time which is 10 years after the 18th birthday of the child. So the time to file on this offense has already run and the statute of limitations on any civil claim would surely have run quite some time ago.

Even if you could file criminal charges, victim's assistance and restitution paid by the Defendant can only pay for actual damages caused by the crime or for treatment like counseling. You can't just get money, that money has to directly go towards paying for something that you'd otherwise have to pay for yourself.

 

[Tex Lawyer]

Are you an attorney?

Yes. Civil litigator.