The path to recovery is different for every survivor of sexual assault. It’s common to desire closure, peace, and healing after such a traumatic event, and there is no right or wrong way to recover. One option that survivors might pursue involves filing a legal claim, and we can explain what that process looks like to help you determine if it’s the right path for you.
When we meet with survivors of sexual assault, we offer a compassionate listening ear. We understand that you may not have a perfect memory of what happened and that you might feel a complex mix of shame, regret, and isolation. We also understand it can seem scary to talk to a lawyer about your assault. These are perfectly normal feelings. The good news is that we understand the path ahead and will be with you every step of the way. We are here to protect your truth and ensure that the truth will prevail.
First, it’s important to understand the difference between the criminal and civil justice systems. While criminal cases focus on punishing perpetrators, a civil lawsuit offers survivors the opportunity to seek compensation for damages such as medical expenses, emotional trauma, and lost wages.
Texas does allow survivors to file civil sexual assault lawsuits. At Fibich, Leebron, Copeland & Briggs, we fight to hold abusers accountable and seek results to aid in your path to recovery.
How a Sexual Assault Lawsuit Works in Texas
In Texas, pursuing a sexual assault civil lawsuit involves several basic steps:
- Filing a complaint – With the help of an attorney, you will file a complaint against the alleged perpetrator. The complaint outlines the assault, establishes your eligibility to file a lawsuit, and describes the damages you’re seeking.
- Discovery phase – After the sexual abuse complaint is filed, the discovery phase begins. In this phase, both parties exchange evidence like medical records, witness testimonies, and any relevant reports. Both sides may attempt to reach a settlement after reviewing the evidence.
- Settlement or trial – If your attorney can negotiate a fair settlement, you can avoid the time and expense associated with a trial. If the case doesn’t settle during this period, it may go to trial.
It is important to have a legal team that understands the complexities of sexual assault cases and can guide you through each step.
Sexual Assault Statute of Limitations in Texas
A statute of limitations governs how long you have to file a lawsuit. Texas law limits that period to five years for most sexual assault civil suits.
However, there are exceptions. Survivors who were minors at the time of the assault or who have repressed memories may have up to 30 years to pursue a civil lawsuit. Consult an attorney as soon as possible to ensure your case is filed within the applicable time frame.
Can You Sue for Sexual Assault If Charges Weren’t Filed?
You can still pursue a civil lawsuit for sexual assault even if criminal charges were not filed or the criminal case did not result in criminal penalties. The burden of proof in a civil case is much lower than in a criminal case. In other words, even without a criminal conviction for sexual assault charges, a survivor can seek compensation for damages.
People Also Asked
Here are some of the most asked questions about civil sexual assault lawsuits:
- What is the statute of limitations for sexual assault in Texas? The statute of limitations for sexual assault in Texas is generally five years from the date of the assault.
- Can you sue for sexual assault years later? Yes, in certain circumstances, survivors can file a lawsuit even years later if repressed memories or new evidence of being sexually assaulted come to light.
- How much compensation can you get for a sexual assault lawsuit? Compensation varies depending on the specific case. However, survivors may be entitled to compensation for medical expenses, lost wages, emotional distress, and more.
- Do I need a lawyer to file a sexual assault lawsuit? Sexual assault victims can represent themselves, but it’s not advisable. Having an experienced sexual assault lawyer is crucial in navigating the legal process, ensuring that your case is presented effectively, and helping you pursue the financial compensation you deserve.
Contact Our Houston Sexual Assault Attorneys for Help
If you are considering a sexual assault lawsuit, you need an experienced legal team on your side to explain what you can expect throughout the legal process. At Fibich, Leebron, Copeland & Briggs, our board-certified attorneys have decades of experience handling complex cases and advocating for survivors of sexual assault. Contact us today for a free consultation, and let us help you take the next step toward justice.
