Houston Rape and Sexual Assault Lawyer
Anyone who has survived a sexual assault knows that the consequences can be debilitating, far-reaching, and long-lasting. Many survivors of sexual abuse suffer physical injuries requiring intensive medical intervention and emotional trauma requiring extensive therapy. Furthermore, the repercussions for a survivor’s reputation and financial situation can sometimes feel impossible to manage.
If you have been the target of unwanted sexual contact, you may be eligible to recover substantial compensation for these and other losses. Working with a Houston rape and sexual assault lawyer can maximize your chances of recovering what you deserve. The compassionate legal team at Fleming Law Personal Injury Attorneys has extensive experience handling sexual assault cases, and we are ready to put our skills and legal knowledge to work for you. Call us today or contact us online for a free consultation with a Houston rape and sexual assault attorney.
What Is Sexual Assault?
In the context of criminal law, sexual assault is equivalent to rape. It is a criminal offense that carries significant fines and incarceration sentences. However, you do not have to be a rape victim to seek compensation in a civil sexual assault lawsuit. Civil cases are possible when an individual has been the target of assault, battery, or intentional affliction of emotional distress. Contact our Houston sexual assault lawyer today.
As such, you may be eligible to file a civil sexual assault claim if you have been the victim of:
- Rape, with or without physical force
- Attempted rape
- Unwanted groping, fondling, or other sexual touching
- Being forced to perform sexual acts, such as oral sex or penetration
Crucially, a civil lawsuit occurs separately from any criminal trial. You can still initiate legal proceedings if the perpetrator has been on trial, whether or not the trial has resulted in a conviction. Consult a knowledgeable Houston sexual assault attorney to learn more about your legal rights.
Where Does Sexual Assault Commonly Occur?
Unfortunately, sexual assault can occur anywhere. However, there are certain locations where assaults tend to happen more frequently, including:
- College campuses: Fraternity parties and dorm rooms, in particular, can be dangerous environments. Assaults frequently occur when alcohol is involved.
- The workplace: Harassment and assault by bosses, coworkers, or clients is a common problem. Survivors often fear losing their jobs if they speak up.
- Bars and clubs: Being incapacitated by drugs or alcohol makes people vulnerable to sexual predators at bars, clubs, and parties.
- Hotels and motels: Business travelers and vacationers can be victimized at their accommodations. Staff also sometimes prey on guests.
- Public transit: Buses, subways, and other crowded transit vehicles are prime locations for groping and other forms of assault.
- Places of worship: Abuse by religious leaders is an issue in many faiths. The clergy holds power and trust that predators can exploit.
- Within the home: Spousal rape and assault by family members make up a large percentage of cases.
Does Texas Have an Age of Consent?
The age of consent in Texas is 17, which means that no adult may engage in sexual relations with a child under the age of 17 without facing criminal charges. Furthermore, since children 16 and younger are legally incapable of giving consent, adults who have sex with anyone under 17 may also face a civil sexual assault lawsuit.
However, those who are at least 14 years old may have consensual sex with someone who is less than three years older than them without any criminal repercussions for either party.
Can the Sexual Attacker Be Sued for Damages?
If you are the survivor of sexual assault in Texas, you have the right to pursue compensation for losses related to the assault, including:
- Past, current, and future medical expenses, including emergency treatment, doctor’s appointments, diagnostic scans, and surgical procedures
- Physical and emotional pain and suffering you experienced during and since the attack, including trauma, PTSD, anxiety, and depression
- Mental health treatment, including counseling and therapy
- Medications for physical and mental health conditions resulting from the attack
- Lost income, wages, or earnings due to incapacity to work after the assault
- Loss of future earnings if the attack has forced you to leave your previous job and take on lower-paying employment
Consulting with a knowledgeable Texas sexual assault lawyer can help you understand how much compensation you may be eligible to claim for your sexual assault injuries.
Can Other People Also Be Held Liable for a Rape or Sexual Assault?
In addition to filing a claim against the attacker, you may be eligible to file a claim based on negligence, premises liability, or negligent security against another party. These parties may include:
- A business, such as a club, bar, or restaurant
- A property owner, including a government entity
- Your employer or the employer of the assailant
- A hotel or motel
- A landlord
- An educational institution or its staff
The skilled rape and sexual assault attorneys at Fleming Law will thoroughly investigate your case to identify all liable parties. Once we have gathered the necessary evidence, we will do everything possible to hold them accountable for your losses.
Will the Attacker Have to Register as a Sex Offender?
Anyone who is convicted of sexual assault in Texas must register as a sex offender for the rest of their life.
What Should You Do If You Have Been the Victim of a Rape or Sexual Assault?
Taking the following steps can help protect you and your claim.
- Seek medical care: Get medical attention even if you do not have visible injuries. Doctors can treat potential STDs and gather forensic evidence.
- Report the crime: Alert law enforcement as soon as possible after the attack. Early reporting improves evidence collection.
- Talk to an advocate: Rape crisis centers have advocates who can explain the legal process and provide emotional support.
- Seek counseling: Find a therapist who specializes in treating sexual trauma. Talking helps many survivors process and heal.
- Tell loved ones: Don’t isolate yourself. Turn to trusted friends and family who can provide comfort and support.
- Practice self-care: Take time to rest and do activities that make you feel safe and strong. Make your recovery a priority.
- Contact an attorney: Speak with a sexual assault lawyer about your right to pursue justice in criminal or civil court.
Contact a Houston Rape and Sexual Assault Victim Lawyer
The team at Fleming Law understands that the aftermath of a sexual assault can feel frightening, confusing, and overwhelming. However, with the proper support and legal advocacy, you can get the compensation you deserve and hold the wrongdoer accountable for their inexcusable actions. Our Houston rape and sexual assault lawyers are ready to stand up for your rights so you can have an opportunity to move on with confidence and dignity. Contact us today for a free consultation to learn more about how we can help you.