Legal Question in Criminal Law in Texas

DA will not pursue child sexual assaults

About 11 years ago when my children were 6/7 they were raped by a cousin who livedin the home with his mother who used to babysit them.I did not know until last year about my son,we reported and were told too much time had passed.few months ago my daughter told us the same cousin had done same thing to her.we made report and even though my daughter detailed a few instances where she was a witness to my son getting assaulted,the same DA decided not to pursue.this low life who did this was put in prison about 5 years ago for molesting another 13 year old child.he is a registered sex offender and currently in prison for theft.What other avenues do i have have?


Asked on 1/18/05, 1:40 pm

2 Answers from Attorneys
Dan Montalvo Dan Montalvo Attorney at Law

Re: DA will not pursue child sexual assaults

Unfortunately, the statute of limitations (the time limit on filing a criminal case)on these types of cases is ten years. The DA was probably correct in not filing the charges due to this fact. Each instance is it's own crime. If you can document an instance when this happened within the 10 year window then take it to the police again.

The only other alternative is to sue civily. This probably will be impossible since lawyers take cases on a contignecy fee or work hourly. Hourly would be beyond most people's means. This person probably doesn't have any money to get to if sued so I don't see any lawyers taking the case.

You may want to notify the parole board that you want to be present at any parole hearings he may have, or at a minimum write them a letter. You may be able to ensure that he at least serves his full sentence.

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Answered on 1/18/05, 4:46 pm
Dan Montalvo Dan Montalvo Attorney at Law

Re: DA will not pursue child sexual assaults: CORRECTION!!!

I incorrectly said that there is a 10 year statute of limitations on sex cases involving children. The ten year statute is true where adults are the victim, however, in cases involving children the statute of limitations is ten years from their 18th birthday. See Texas Code of Crimininal Appeals Art 12.01(5).

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Answered on 1/19/05, 9:06 pm


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