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.
An Experienced Attorney for
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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At the Law Office of Robert D. Kizer , we help people who have been abused or assaulted by sexual predators in central Texas. Our attorney and staff are dedicated to this cause and will work hard to achieve the best possible results on your behalf. Call or contact our firm in Austin today to schedule a free, confidential consultation.
You couldn't do anything to stop it then. It wasn't your fault. There is something you can do today. Call the Law Office of Robert D. Kizer in Austin, Texas, at either 512-551-1018 or 888-724-8710. You can also fill out the brief form provided on the Contact Us page and our lawyer will be in touch with you shortly.
Sexual Assault Personal Injury - An Overview
Sexual assault is generally defined as sexual activity carried out forcibly or under threat of injury and against the victim's will. Legally, sexual assault involves not only a crime, but also may give rise to a civil claim against the perpetrator. This means that the victim of the assault may be able to sue the perpetrator for compensation for the victim's injuries. In addition, the victim may have a case against a third party whose negligence made the assault possible. If you, your child or another loved one has been sexually assaulted, do not hesitate to seek legal counsel from an experienced attorney at Robert D. Kizer in Austin, Texas, to protect your interests.
Taking Legal Action against the Assailant
If a victim suffers physical, emotional or financial injury arising out of a sexual assault, he or she may have several options for bringing legal claims against the assailant. In addition to a claim of assault, an action against the perpetrator may include battery, false imprisonment, intentional infliction of emotional distress, stalking or negligent transmission of a sexually transmitted disease. Although the matter could end up in court, the victim may try to negotiate a settlement out of court before the trial. Unlike in some criminal cases, the decision to begin a civil lawsuit is the victim's choice.
Generally, it is easier for the plaintiff to prevail in a civil case than in a criminal case. In a civil case, the plaintiff's attorney need only convince the judge or jury that his or her version of the facts is "more likely than not" rather than "beyond a reasonable doubt." This is one reason some defendants settle out of court, rather than risking an unpredictable money judgment and a public trial.
Taking Legal Action against a Third Party
Under some circumstances, a victim may choose to file an action against a third party who is partially responsible for the sexual assault. Such actions are generally based on negligence, and the plaintiff must establish that the defendant owed a duty to the plaintiff; the duty was breached; the plaintiff suffered injury; and the defendant's breach caused the injury. Causes of action against a third party might include premises liability, parents' negligent failure to supervise their children, parents' vicarious liability for their children's acts, negligent hiring of employees or the negligent failure to supervise employees. In some cases, the third party's insurance may cover the claim.
Conclusion
Criminal prosecution is a valuable tool for holding a sexual assault perpetrator accountable; so is a civil action in which the plaintiff seeks monetary compensation for his or her injuries. If you have experienced sexual assault, contact an attorney from Robert D. Kizer in Austin, Texas, for help in assessing your situation and determining whether a civil action is a good choice for you.
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