Civil Sexual Assault Cases
Can I file a Civil Sexual Assault Case?
First, what is sexual assault? Sexual assault under Texas law occurs when a person intentionally or knowingly touches another person in a sexual manner without consent. This includes situations in which a female is drugged or severely intoxicated and does not have the ability to consent. Next, you must determine what persons or entities to sue because often the perpetrator will have been arrested, jailed, and have no money. Civil sexual assault cases focus on recovering money for sexual assault victims caused by the extreme physical and mental harms caused by the assault. Another significant legal damage resulting from sexual assault cases is diminished earning capacity because the trauma prevents career advancement or steady employment. So, yes, sexual assault victims can file civil lawsuits even after any criminal case against the perpetrator.
When Must I File a Civil Sexual Assault Case in Texas?
Texas law requires any civil sexual assault case to be filed within five years of the sexual conduct when the incident involves adults. If the victim is a minor (i.e. 18 or younger) the victim has 15 years from the victim’s 18th birthday. There are legal doctrines that may extend the time in which to file the sexual assault case.
When is a Company or Institution Liable For Sexual Assault?
To hold a company or business liable for sexual assault it must have been negligent for allowing the sexual assault to occur. One common situation is when an apartment complex with knowledge of prior criminal acts on its property fails to notify the tenants and fails to increase security measures because this creates an unreasonable risk of harm—i.e. sexual assault. The law further requires the victim to prove that the apartment complex had some type of foreseeability that these types of criminal acts would occur on the property. Bringing a successful civil sexual assault against a property owner is very challenging and choosing the right type of trial lawyer is very important.
Another common example is when an employee is assaulted by another employee and the employer facilitated the assault or was negligent in its hiring, training, or supervision of employees. This situation is very difficult because the victim must prove that the employer could have been able to foresee the sexual assault. Another actionable scenario occurs when the employer or business had policies and procedures in place to prevent a sexual assault but refused to follow the policies and procedures.
The third most common situation here is when a religious institution facilitates or allows leaders to commit sexual assault. Again, when proving the business or institution is liable for sexual assault requires the victim to prove the institution had some knowledge and foreseeability that the sexual assault was occurring or likely to occur.
You Need a Lawyer With Skill and Compassion to Handle Sexual Assault Cases
Sexual assault cases are considered high-stakes litigation because of the high degree of difficulty to be successful and the large amount of money in controversy. Meagan DeKeyzer has handled difficult sexual assault cases and knows how to navigate the legal challenges of these cases with compassion. We can help you assert your rights and obtain justice for the trauma caused by a sexual assault.
If a survivor chooses to file a civil lawsuit against their offender or a business, it can be emotionally challenging. That’s why it is important to hire an attorney like Meagan DeKeyzer with the sensitivity needed to handle these delicate matters and the experience required to effectively represent you. Contact DeKeyzer Law for a FREE and CONFIDENTIAL consultation to speak with a lawyer about your case (713) 904-4004.
As a Sexual Assault Survivor, you have the following rights:
- To be provided in writing with notice of your rights as a crime victim;
- To be provided sympathetic and competent emergency medical care;
- To be provided a no-charge forensic exam if requested by law enforcement, if available;
- To apply for a protective order from your offender;
- To remain anonymous on legal filings;
- To be informed about your offender’s right to receive bail and to have safety be a consideration for the court when determining the offender’s bail amount;
- To be notified of the offender’s HIV/AIDS test results, if indicted;
- To make a written request to be provided with information on all the offender’s court proceedings;
- To be provided with a separate waiting area at the courthouse to minimize contact with the offender, their family, and/or witnesses;
- To write a “victim impact statement” for consideration by the court in sentencing;
- To receive reimbursement from the Crime Victims’ Compensation Program, as applicable;
- To be provided a confidential address through the Texas Address Confidentiality Program; and
- To file a civil lawsuit against an offender or an organization that allowed the crime to be committed.