How To File A Sex Assault Lawsuit In Texas
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Sexual assault victims can face physical and psychological trauma
- You can file a lawsuit for sexual assault in Texas
- A lawyer can help you prove that you did not grant consent
Sexual assault can leave you battling both physical and psychological injuries that impact your quality of life. With assistance from a Texas personal injury lawyer, survivors of sexual abuse can file a lawsuit against the perpetrator. However, it can be helpful to know about the kinds of challenges you may face when beginning a personal injury claim after sexual assault in Texas so that you can be fully prepared for the process.
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Statute of Limitations to File Sexual Assault Lawsuits in Texas
One of the first things to remember when beginning a sexual assault claim is that you don’t have an unlimited amount of time to file your case. The statute of limitations for these claims in Texas is two years. If you miss that deadline, you may not be able to pursue compensation from the perpetrator.
Exceptions That May Extend the Deadline in Texas
The state of Texas extends out deadlines in specific circumstances, seeking to provide fair timelines for victims of sexual assault. For example, there are exceptions to the statute of limitations if the assault case involves minors. If the victim was under the legal age, the clock would start running when they turn 18.
Exceptions can also apply if the victim was incapacitated when the assault occurred. When their incapacity is resolved, the statute of limitations can start running.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
In a civil lawsuit for sexual assault in Texas, the main allegation is that the victim was forced to engage in sexual activity. It requires proving that the incident involved a lack of consent or that the victim was unable to give consent. The latter occurs if the plaintiff was under the legal age or was incapacitated.
How a Lawyer Can Help Survivors in Texas
An attorney can be a powerful ally for survivors of sexual assault, gathering the necessary evidence to show how the attack occurred and how it impacted the life of the victim. Legal counsel can then start negotiating to pursue a fair settlement. If it’s not possible to reach an agreement, the lawyer can then take the case to court.
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Fighting for Your Rights After a Sexual Assault in Texas
If you have experienced an assault in Texas, the right legal partner can make all the difference in your pursuit of justice. At ConsumerShield, we can connect you with representation in your area so that you can receive the compensation you deserve. Contact our team to learn more.
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Frequently Asked Questions
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Yes. Non-economic damages can cover pain and suffering, as well as provide compensation for loss of enjoyment of life.
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There is no standard length of time that these cases can take because they each present their own challenges. The more complex the case is, the longer it will take.
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Yes, it’s possible to have both types of cases occurring at the same time.
