Survivors of sexual assault have the right to seek justice and hold their abusers accountable. Understanding the legal timelines and available options is crucial for ensuring that your case is handled effectively. If you’re wondering, “how long does a rape victim have to press charges?”, the answer depends on whether you are pursuing a criminal or civil case.
At Fibich, Leebron, Copeland & Briggs, we provide compassionate legal guidance to sexual assault survivors in Houston, Texas. If you are seeking justice, our experienced attorneys can help. Call us at 713-751-0025 for a free and confidential consultation.
Texas Statute of Limitations for Sexual Assault Cases
Texas law sets deadlines for filing criminal and civil sexual assault cases.
- Criminal Cases: If the survivor was over 18 at the time of the assault, the statute of limitations for filing criminal charges is 10 years from the date of the offense. However, some cases, including those involving minors, may have no time limit.
- Civil Cases: Survivors seeking financial compensation through a civil lawsuit typically have five years from the date of the assault to file a claim.
If you’re uncertain about your case’s timeline, contact our Houston sexual assault attorneys to discuss your options.
Criminal vs. Civil Sexual Assault Cases
It’s important to distinguish between criminal and civil sexual assault cases:
- Criminal Cases: The state prosecutes the offender, and conviction may result in jail time, fines, or other penalties. The burden of proof is beyond a reasonable doubt.
- Civil Cases: The survivor files a lawsuit against the perpetrator seeking financial compensation for damages. The burden of proof is lower (preponderance of the evidence), meaning that the survivor must prove it was more likely than not that the assault occurred.
Can you sue for rape? Yes. Even if criminal charges are not filed or do not lead to a conviction, survivors can still pursue a civil sexual assault lawsuit for damages related to medical expenses, therapy, lost wages, and emotional distress.
Your Rights as a Sexual Assault Survivor in Texas
If you are a survivor of sexual assault, you have specific legal rights, including:
- The right to refuse unwanted sexual contact
- The right to report the assault to law enforcement
- The right to pursue civil sexual assault claims
- The right to privacy and confidentiality
- The right to access medical care, including rape kit examinations
If you’re unsure how to prove sexual assault, an experienced attorney can help gather evidence and build a strong case to support your claim.
Steps to Take If You’re Considering Legal Action
If you are thinking about pressing charges or filing a lawsuit, taking the following steps can help protect your rights:
- Report the Assault: Contact law enforcement to document the incident.
- Seek Medical Attention: Get a medical exam and request a rape kit.
- Preserve Evidence: Keep any physical evidence, text messages, or witness statements.
- Consult an Attorney: Speak with a lawyer who specializes in civil sexual assault cases.
- Access Support Services: Reach out to local and national survivor resources for guidance and emotional support.
Contact a Houston Sexual Assault Attorney Today
If you are a survivor of sexual assault, Fibich, Leebron, Copeland & Briggs is here to help. Our experienced attorneys, including Erin K. Copeland, are dedicated to fighting for survivors’ rights and securing the justice they deserve.
Call 713-751-0025 today for a free and confidential consultation with a Houston sexual assault lawyer. We are committed to supporting you every step of the way.
