Alvin Sexual Assault Lawyer Helps Victims Obtain Justice and Fair Compensation

Sexual abuse is a common offense that no one wants to talk about. In some cases, sexual assault is reported to authorities, and the police file criminal charges. But the victim—who may have to endure considerable trauma during interviews and testimony—gains no restitution for the harm they’ve suffered from this violent crime.

At DeKeyzer Law, we don’t believe this is fair. We’ve built our practice on the principle of standing up against bullies to fight for justice and fair compensation for those hurt by others. That includes harm caused by negligence, such as in a car accident case, and harm caused deliberately, such as when someone commits a violent crime like sexual assault. We fight for fair compensation for victims of sexual abuse, and we do it in a way that preserves dignity, respect, and privacy to the greatest extent possible.

If you or a loved one have been the victim of sexual abuse, an Alvin sexual assault lawyer can help you obtain compensation to meet your future needs and provide justice and restitution for the mental anguish and pain you’ve suffered. No amount of money can erase the past wrongs, but exploring your legal options enables you to move forward toward a more positive future.

How Do You Know If You Need Legal Help?

Survivors of sexual assault and other forms of sexual abuse often harbor shame and guilt that can destroy their relationships and sense of self. The toll on mental and emotional health is tremendous.

Physical effects can linger as well, leading to lasting pain that haunts sexual abuse victims and can make it impossible to move forward with the life they had planned. In situations where sexual assault was committed by a trusted member of the church, victims can suffer intense spiritual harm as well.

It would be wonderful if the legal options included the ability to erase the wrongdoing and provide a clean slate for victims. Unfortunately, the remedies provided by our legal system are very limited. The criminal justice system can send the person who committed the abuse to prison, and the civil justice system can enable the victim to obtain monetary restitution. There isn’t enough money in the world to make up for what you’ve suffered if you’re the victim of sexual abuse. But by taking legal action against your abuser, you show that your rights matter, you achieve a measure of justice, and you gain resources that can help you meet your additional needs and build a better life for yourself going forward.

Consultations Are Confidential

If you’re not sure you want to pursue legal remedies or that you’re eligible for relief through the civil justice system, the best way to find out is to schedule a confidential consultation with an Alvin sexual assault lawyer. Holland and Meagan DeKeyzer know how difficult it can be to talk about these issues, and we offer a safe space to discuss the situation without judgment. Anything you say will be kept strictly confidential between you and the attorney, which is a legal and ethical safeguard designed to allow you to unburden your mind freely. You won’t have to deal with administrative assistants but will speak only to your attorney.

Legal Options for Victims of Sexual Abuse in Texas

Victims of sexual assault and abuse have certain rights. While this includes the right to choose not to file a police report, the choice to do so enables the person who hurt you to continue their destructive behavior, and it could make it more difficult for you to pursue compensation. It is a good idea to consult an Alvin sexual assault lawyer who handles personal injury lawsuits for advice on how to proceed to preserve your rights. For instance, Texas law provides the right to have an attacker tested for HIV, but you cannot take advantage of that right if you don’t report the attack.

Victims also have the right to prepare an impact statement and have the criminal court consider the attacker’s impact on the victim’s life when the court is determining a sentence or considering the attacker for parole. However, this does nothing to provide restitution for the victim.

When you are the victim of sexual assault or another violent crime, an experienced lawyer can help you explore legal options available through the civil justice system to obtain damages. This includes actions not only against the person who abused you but also others who allowed the attacks to occur through their negligence or other wrongful conduct. You may be able to seek monetary damages from:

  • The person responsible for the sexual abuse
  • The owner of the property where a sexual assault occurred if they failed to provide adequate security when they knew there was a risk of similar violent crime on the property
  • Institutions and organizations that failed to protect you from abuse while you were under their care
  • Individuals who enabled or allowed abuse to occur

Far too often, organizations turned a blind eye to abuse that was occurring to children trusted to the care of adults who violated them. It can take years for those who were subjected to sexual abuse to come to grips with what happened to them, and that’s why Texas lawmakers recently extended the amount of time they have to file a claim.

How Is Sexual Assault Defined in Texas?

Texas criminal statutes define sexual assault as well as other types of violent crime considered to be sexual abuse. In addition, an experienced lawyer may be able to use legal precedent from previous civil lawsuits to show why a victim should be entitled to damages for other forms of abusive conduct that is sexual in nature.

Sexual Assault Under Section 22.011 of the Texas Penal Code

Texas criminal law defines sexual assault in Section 22.011 of the Texas Penal Code in the same way that the crime of rape is traditionally defined. The crime involves intentionally (or knowingly) contacting or penetrating sexual organs without the other person’s consent. This statute covers a wide range of sexual actions, such as penetration of the mouth with a sexual organ.

This sexual conduct must be non-consensual to be considered sexual assault. However, it is important to note that many individuals are not legally capable of giving consent either because of their young age or because of a physical or mental condition (either permanent or temporary). Therefore, just the fact that someone hasn’t objected to sexual activity does not mean it will not be legally considered sexual assault.

Moreover, if someone coerces another person into sexual activity by threatening them in any way or when one person is in a position of authority over the other or has a role that enables them to exploit the emotional dependency of the other person, then the activity is not considered consensual.

Without aggravating factors, sexual assault is usually penalized as a second-degree felony. Anyone convicted faces a minimum prison sentence of two years, up to a maximum of 20 years. They may also be fined up to $10,000. In addition to these criminal penalties, the perpetrator can be sued by the victim for civil damages with the assistance of an Alvin sexual assault lawyer.

Aggravated Sexual Assault Under Section 22.021 of the Texas Penal Code

Sexual assault is treated as a first-degree felony when circumstances turn the crime into an aggravated sexual assault. In that case, the minimum sentence increases to five years, and the maximum term extends to life in prison.

The factors that can cause sexual assault to be aggravated include:

  • The victim suffers serious bodily injury
  • The perpetrator attempts to kill the victim or another person
  • The perpetrator says or does something to make the victim fear that someone else will be subjected to trafficking, kidnapping, or serious injury
  • The perpetrator uses or shows a deadly weapon
  • More than one perpetrator is involved
  • The victim is given a drug or substance that prevents them from understanding or resisting sexual activity
  • The victim is under the age of 14
  • The victim is elderly or disabled

Since these factors cause the crime of sexual assault to be penalized more severely, an experienced lawyer can argue that when these factors are present in a civil lawsuit for damages, the victim should be entitled to much more compensation.

Other Crimes That Can Be Considered Sexual Abuse

When you’ve suffered physical, mental, or emotional abuse that has a sexual component, it may be possible for an Alvin sexual assault lawyer to seek damages on your behalf. When you can show that someone’s actions violated criminal law, that generally makes it easier to show that a civil tort violation occurred. Some other Texas statutes involving sexual wrongdoing include:

  • Indecent assault (Texas Penal Code §21.012) This offense is similar to sexual assault except that it involves exposure or touching intimate body parts rather than more invasive penetration or contact.
  • Indecency with a child (Texas Penal Code §21.11) This offense involves sexual contact involving a child under the age of 17 that does not rise to the level of sexual assault.
  • Sexual coercion (Texas Penal Code §21.18) This involves threatening someone with certain negative consequences if they won’t provide intimate photos, participate in sexual conduct, or money.
  • Indecent exposure (Texas Penal Code §21.08) -When this offense is committed by someone considered to be a sexually violent predator, it can be treated as a felony.

Remember that the legal options available under the civil justice system can hinge on definitions that may be different from criminal law, so it is important to talk to an attorney experienced in handling civil tort lawsuits for victims if you want to obtain personal justice against someone who committed sexual abuse against you.

Differences When Seeking Justice Under Civil Law

There are some key differences to keep in mind when you are working with an Alvin sexual assault lawyer to file a lawsuit against someone who committed or enabled the commission of sexual abuse. To begin with, the burden of proof is very different. In a criminal case, the government must prove “beyond a reasonable doubt” that the person accused committed the crime. This is a tough standard to reach because if the defense can introduce anything that creates some doubt, then the judge or jury cannot find the accused person guilty.

However, in a civil case, when you are seeking restitution from the person who harmed you, the burden of proof is much lower. Instead of proving your case beyond a reasonable doubt, you only have to prove your case by a preponderance of the evidence. In other words, you simply have to show that it was more likely than not that the actions occurred and caused you harm.
Because it is much easier to meet this burden of proof, an experienced lawyer can still recover damages for you in a civil lawsuit even if the person who hurt you was found not guilty in criminal court.

Length of Time to File a Civil Lawsuit for Sexual Abuse

Texas law establishes different deadlines for filing lawsuits in different situations. These are generally referred to as the statute of limitations.

For most personal injury lawsuits, the victim must file a claim no later than two years after the incident that hurt them. However, victims of sexual abuse generally have more time because of the traumatizing nature of the offense. In cases where the abusive conduct occurred when the victim was an adult, they generally must file a lawsuit within five years, although that period could potentially be extended if extenuating circumstances apply.

If the abusive conduct occurred while the victim was a child, then they may have as much as 30 years to file a claim for damages.

Find Out How We Can Help

If you suffered sexual assault or another form of sexual abuse, the dedicated team at DeKeyzer Law is ready to help you find the best remedies and relief so that you can obtain justice and move forward with your life. A knowledgeable Alvin sexual assault lawyer can explore the legal options with you and guide you step by step through the process of seeking restitution. We honor your confidence and instructions and won’t encourage you to take actions you are uncomfortable with.

Call us at 713-904-4004 or contact us online for a confidential free consultation to learn about the assistance our team can provide.