Sexual violence can cause immense pain and emotional suffering. Survivors of sexual assault often struggle with post-traumatic stress disorder, depression, and anxiety. They may also incur other financial losses if they cannot work or need medical care. Civil claims against sexual assault assailants in Austin can reimburse individuals for the harm they suffered at the hands of their abuser.
Those who commit sexual assault should be held accountable to the fullest extent of the law. While assailants are liable criminally, survivors can also seek justice through a civil lawsuit. To determine if you have a claim, and if the liable party has assets worth pursuing, speak with our sexual assault victim attorney for your next steps.
Under Texas law, people who experience sexual violence can bring a civil claim for monetary damages. While a criminal conviction is helpful, the right to pursue compensation does not depend on whether the assailant was convicted or the survivor pressed charges. Austin residents who experience sexual abuse have a right to pursue a civil case against their perpetrator but must have evidence to prove their claim.
Many survivors of sexual assault do not come forward until years after the abuse. For this reason, there may not be a lot of evidence to support their claim if the perpetrator was not arrested or convicted.
Along with other crucial evidence, such as medical records and eyewitness testimony, individuals can support their case by testifying about the sexual assault. Jacob Mancha knows it can be extremely difficult for someone to confront their abuser in court or speak openly about their experience. He will take steps to ensure no one experiences unnecessary trauma or embarrassment.
In Austin, those who file civil claims against their assailants will often name the individual who committed the abuse as the defendant. Some assailants might have enough wealth or assets to justify a direct injury claim against them. In many cases, the abuser will not have the assets to compensate the person financially.
However, people can still pursue a claim against a third party or insurance company that may be legally responsible for the assailant’s actions. For example, if an employee committed a sexual assault, the company could be vicariously liable if it acted negligently in hiring the perpetrator.
Likewise, in child sexual assault cases, minors are often abused by adults entrusted with their care. Schools, churches, daycares, and other organizations can be legally responsible for instances of abuse if negligence is proven. In addition, hospitals and nursing homes can bear responsibility for sexual violence that occurs under their watch.
A statute of limitations is the legal deadline that requires personal injury victims to file their claim within a certain timeframe. Failure to timely file a case could forfeit their right to compensation for their injuries and other losses. In Texas, the statute of limitations is typically five years when an adult experiences sexual abuse or assault.
Recent laws afford greater protection for child victims of sexual assault. The statute of limitations in minor cases gives survivors thirty years to file a claim against their assailant. Even if the claim appears to be outside the deadline, a seasoned lawyer can review a case to determine if it is beyond the statute or if an exception applies.
If you were the victim of an act of sexual violence, know that you have rights. Under Texas law, survivors can pursue civil claims against sexual assault assailants in Austin.
Jacob Mancha can review your case and help you pursue justice in a way that respects your privacy. Call our office today to schedule a free and confidential consultation.
