Texas Sexual Assault Attorney Guide

11 sections 8 min read

Texas gives a survivor of child sexual abuse 30 years to sue, counted from the 18th birthday because time spent as a minor does not count, which makes the deadline the 48th birthday. That 30-year period applies only to six named offenses; claims based on other conduct, such as child sexual abuse material, fall under shorter rules. An adult survivor of sexual assault has five years. This guide sets out those rules from the Texas Civil Practice and Remedies Code, the criminal deadlines, points to settle with a lawyer, and eight firms that handle these cases in Texas.

Call 911 in an emergency. The Texas Association Against Sexual Assault office line is 512-474-7190, and the National Sexual Assault Hotline is 1-800-656-4673.

The civil statute below is quoted from its published text, read in October 2026; the criminal provisions come from CHILD USA’s review of the official code. This is general information, not an evaluation of a specific case.

Child Survivors: Thirty Years, Starting at Age 18

Tex. Civ. Prac. & Rem. Code § 16.0045(a) provides: “A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates” six listed provisions of the Penal Code:

  1. § 22.011(a)(2), sexual assault of a child;
  2. § 22.021(a)(1)(B), aggravated sexual assault of a child;
  3. § 21.02, continuous sexual abuse of a young child or disabled individual;
  4. specified parts of § 20A.02, sexual trafficking of a child or disabled individual;
  5. § 43.05(a)(2) or (3), compelling prostitution by a child or disabled individual; and
  6. § 21.11, indecency with a child.

The 30 years do not start at the time of the abuse. CHILD USA explains that § 16.001 treats a person under 18 as under a legal disability and excludes that time from the limitations period, so the period runs from the 18th birthday and ends on the 48th.

The list matters. CHILD USA points out that § 16.0045(a) does not include sexual performance by a child, possession or promotion of child sexual abuse material, or injury to a child. A civil claim founded on those offenses falls under the general two-year personal injury rule in § 16.003(a), tolled to 18, which CHILD USA calculates as a deadline at age 20.

Adult Survivors: Five Years

Section 16.0045(b) provides that “A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates” § 22.011(a)(1) (sexual assault), § 22.021(a)(1)(A) (aggravated sexual assault), § 20A.02 trafficking of persons other than the child provisions, or § 43.05(a)(1) (compelling prostitution).

Unknown Assailants and Claims After a Death

Two further subsections apply to both periods:

  • John or Jane Doe filing (§ 16.0045(d)). “A limitations period under this section is tolled for a suit on the filing of a petition by any person in an appropriate court alleging that the identity of the defendant in the suit is unknown and designating the unknown defendant as ‘John or Jane Doe.'” The person filing must proceed with due diligence to identify the defendant and amend the petition.
  • Death (§ 16.0045(c)). Where the injury results in death, the cause of action accrues on the death of the injured person.

H.B. 3809 Opened No Window

CHILD USA found no provision in Chapter 16 that revives claims already time-barred. The 2019 amendment that raised the child period to 30 years (H.B. 3809) did not open a window, and CHILD USA notes that its applicability to claims already accrued in 2019 sits in the session law rather than in the Code. A survivor abused before September 2019 should have a lawyer confirm which version of § 16.0045 governs.

Institutions as Defendants

Section 16.0045 is written around the conduct that caused the injury, “if the injury arises as a result of conduct that violates” a listed offense. Whether a school, church, employer, or other organization can be sued within that period on a negligence theory, and whether it is liable, depends on Texas law and on what the organization knew and did. A claim against a public school district or other governmental unit also raises Texas Tort Claims Act and immunity questions that this guide does not cover and a lawyer should assess early.

Article 12.01 and Prosecution Deadlines

Prosecution is the state’s decision. CHILD USA, reading Tex. Code Crim. Proc. art. 12.01 as reenacted effective December 4, 2025, reports that there is no limitation for sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child or disabled individual, indecency with a child, and failure to stop or report a sexual or assaultive offense against a child. Adult sexual assault has no limitation only in two situations: when collected biological matter has not been DNA tested or does not match the victim or a readily identifiable person, or when there is probable cause that the defendant committed the same or a similar offense against five or more victims. Otherwise the period is ten years. Possession or promotion of child sexual abuse material carries seven years from the offense.

The civil periods above do not depend on a criminal case.

Points to Settle With a Texas Lawyer

Have your date of birth, the dates of the abuse or assault, and what the conduct was, because the civil period depends on which Penal Code section it violated. Then:

  1. Does the conduct fall under one of the six offenses in § 16.0045(a), giving a deadline at 48?
  2. If the claim involves images or other offenses outside that list, what period applies?
  3. For an adult assault, when does the five-year period in § 16.0045(b) end?
  4. If the assailant is unknown, should a John or Jane Doe petition be filed to toll the period?
  5. Is any defendant a public school district or governmental unit?
  6. Does the firm represent any diocese, school, or insurer that may be a defendant, and how are fees and costs shared?

Attorney Firms

(1) Turley Law Firm

Pioneer in Texas Catholic clergy abuse litigation. In 1992, the firm filed suit against the Dallas Diocese; John Doe v. Diocese of Dallas (1997) became the largest sexual assault verdict in the country at that time. 30+ years dedicated institutional abuse experience. Handles cases throughout the United States and internationally. Free confidential consultation, contingency fee.

(2) Aldous Law

Dallas-based sexual assault firm with courtroom-proven track record. Represented 16-year-old expelled from private school in cover-up of teacher relationship. Handles school abuse, clergy abuse, sports program abuse, and institutional cover-up cases. Requires sincere conviction before taking a case, meaning full resources behind each client. Free confidential consultation, contingency fee.

(3) Thomas J. Henry Law

One of the largest plaintiff firms in the nation. 200+ attorneys, 350+ staff. Extensive child abuse and sexual assault practice across all Texas regions. Has taken on numerous cases against the Catholic Church and major institutions. 24/7 availability. Free confidential consultation, contingency fee.

(4) Crowe Arnold & Majors, LLP

Dallas firm with dedicated clergy and institutional sexual abuse practice. Handles claims against all 15 Texas Catholic dioceses. Extensive experience with Texas’s 5-year adult SOL and age-48 (post-2019) institutional framework. Free confidential consultation, contingency fee.

(5) Webster Vicknair MacLeod

Houston firm with proven track record. Settled a large case with several hundred plaintiffs (institutional abuse). Handles clergy abuse, school abuse, and institutional cases throughout Texas. Trauma-informed, confidential approach. Free confidential consultation, contingency fee.

(6) Terry Bryant Accident & Injury Law

Houston sexual abuse firm with deep experience in church, school, and workplace abuse cases. Handles institutional cover-up cases where clergy were reassigned rather than removed. Free consultation, contingency fee.

(7) Herman Law

Nationally recognized survivor-focused firm, 35+ years, $100M+ landmark verdict. Active against all 15 Texas Catholic dioceses and other institutional defendants. Free confidential consultation, contingency fee.

(8) Levy Konigsberg LLP

Nationally recognized institutional abuse firm, $3B+ recovered. Active against Texas dioceses, juvenile facilities, and foster care. Free confidential consultation, contingency fee.

Frequently Asked Questions

Is there no deadline to sue for child sexual abuse in Texas?

There is a deadline. Section 16.0045(a) sets 30 years from accrual for six named child offenses, and because time as a minor is excluded, the deadline falls on the 48th birthday.

The case involves images taken of me as a child. Does the 48th-birthday rule apply?

Not according to CHILD USA’s reading. Possession or promotion of child sexual abuse material and sexual performance by a child are not among the offenses listed in § 16.0045(a), so a claim based only on that conduct runs on the shorter general rule.

I was assaulted as an adult and do not know who did it. Can I protect my deadline?

Section 16.0045(d) tolls the period when a petition is filed naming the unknown defendant as John or Jane Doe, provided the plaintiff proceeds with due diligence to identify the defendant.

Can someone still be charged for abuse of a child that happened decades ago?

For sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child, and indecency with a child, art. 12.01(1) of the Code of Criminal Procedure sets no time limit.

Support and Reporting Lines

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