If you have been sexually assaulted, you may be able to take action against your attacker in civil court as well as criminal court. Seek advice from a personal injury attorney who knows how to protect your rights. Do not delay. Contact our firm today to schedule a consultation with an attorney.
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Sexual Assault Victims in Central Texas
If you have been the victim of a sexual assault or childhood sexual abuse, the Law Office of Robert D. Kizer is a safe, supportive place where you can find legal help from an experienced lawyer — and resources to help you move past the abuse and start living a happier, healthier life. To arrange a free, confidential consultation about your case, contact us online or call our Austin law offices directly at either 512-551-1018 or 888-724-8710.
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Frequently Asked Questions about Sexual Assault Personal Injury Claims
Q: What is sexual assault?
A: Although the specific definition of sexual assault varies by jurisdiction, it is generally described as sexual contact or behavior with a person who did not consent, usually by force or the threat of force.
Q: Whom can I sue for injuries arising from a sexual assault?
A: If you are the victim of a sexual assault, you may be able to seek compensation from the assailant. You may also be able to take legal action against the assailant's employer or another third party. Because the standard of proof for civil claims is lower than the "beyond a reasonable doubt" standard for criminal cases, an assailant could be found liable in civil court even if he or she was not found guilty of a crime.
Q: What is a rape shield law? Can I use it in a civil action?
A: In criminal cases, rape shield laws generally provide that evidence of the victim's past sexual conduct may not be admitted as evidence of that person's reputation or character. The evidence might be admitted, however, if it is relevant to the case. Rape shield laws typically do not apply to civil actions.
Q: How much is my civil case worth?
A: Some victims receive large monetary awards and others receive nothing in civil actions arising out of a sexual assault. If the plaintiff wins, the amount of the award depends on a number of factors, including the type of injuries sustained, whether the injuries are permanent, the amount of out-of-pocket expenses incurred, where the lawsuit is tried, the strength of the claims and the strength of the opponent's defenses.
Q: Can a man sue for damages arising out of a sexual assault?
A: Yes. Both men and women can be victims of sexual assault. The elements of a personal injury claim based on sexual assault are the same for both sexes.
Q: What are the elements of a personal injury sexual assault lawsuit?
A: The plaintiff must be able to show that the defendant sexually assaulted him or her; the plaintiff was injured, either physically or emotionally; and the defendant caused the injury, either intentionally or negligently. In some jurisdictions, the plaintiff must not be found more at fault than the defendant.
Q: If I file a personal injury claim, will I have to go to court?
A: It's possible. Although many personal injury cases are settled out of court during negotiations between lawyers, insurance companies and opposing parties, some of them do go to court. If you and your attorney do not feel that you can get a fair settlement through negotiation, it may be the best strategy to take your case to the courtroom.
Q: Is there a time limit on when I can bring my claim?
A: Time limits for filing certain types of lawsuits vary from state to state, so it is best to speak with an attorney to confirm the law in your jurisdiction. The time limits also may vary depending on the specifics of the situation. When someone has repressed memories of sexual assault and recovers those memories, some states start the clock ticking at that time. The time limit may be treated the same way when a child sex abuse victim turns 18. Finally, some states stall the clock until a sexual assault victim makes (or should have made) the connection between the abuse and the injury it caused.
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