Sexual assault remains a pervasive issue in the United States, with significant impacts across all demographics. According to the National Sexual Violence Resource Center (NSVRC), one in five women and one in 71 men will be sexually assaulted at some point in their lives. Survivors of sexual assault have several legal avenues to pursue justice and support and can file both civil and criminal cases.
For compassionate legal representation in civil cases for survivors of sexual assault or abuse, contact Crowe Arnold & Majors, LLP in Texas. If this has happened to you, we believe you deserve the opportunity to expose your abusers, attain closure, and move forward with your life. A Dallas sexual assault victim’s attorney will advocate for your rights and fight for the maximum recovery possible for your losses and damages.
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Our attorneys handle civil sexual assault cases against institutions and organizations that, through negligence or willful misconduct, allowed or facilitated the abuse. Please contact us today for a free, confidential consultation.
The Reality of Sexual Assault in the U.S.
Sexual assault remains a pervasive issue in the United States. Below are national key statistics from NSVRC, the CDC, and RAINN highlighting the scope and impact:
- Childhood Victimization: One in four girls and one in 13 boys experience sexual abuse before the age of 18.
- Perpetrator Relationship: More than 40% of female rape victims were assaulted by an acquaintance, and over 50% by an intimate partner.
- Underreporting: Only about 25% of rapes and sexual assaults were reported to police in 2018, indicating significant barriers to justice for survivors.
- Young Adult Victimization: Child Protective Services agencies substantiated or found strong evidence to indicate that 57,329 children and teens were victims of sexual abuse, and individuals aged 12-34 are at the highest risk for sexual violence.
These statistics underscore the widespread impact of sexual assault in the United States, highlighting the necessity for comprehensive prevention efforts, support systems for survivors, and dedicated legal advocates to protect their rights.
What Defines Sexual Assault Under Texas Law?
Under Texas law, sexual assault is defined as a broad and encompassing offense that includes various forms of non-consensual sexual conduct. Governed by Texas Penal Code § 22.011, this legal framework covers acts ranging from inappropriate sexual contact to rape and attempted rape without restricting the definition to a singular type of sexual violence.
The statute underscores that any sexual act performed without explicit and voluntary consent may constitute sexual assault, reinforcing the state’s commitment to prosecuting offenders and protecting survivors through a comprehensive legal approach.
It is important to note that sexual assault also includes any act where a person is unable to provide consent due to intoxication, unconsciousness, or being underage.
Sexual Assault Statistics in Texas
Sexual assault remains a significant concern in Texas, with various studies and reports highlighting its prevalence and impact. Below are key statistics illustrating the scope of the issue:
- In 2023, Texas had the highest number of forcible rape cases in the United States, with 15,097 reported rapes.
- Approximately 2 in 5 women in Texas have experienced sexual assault in their lifetime.
- About 1 in 5 men in Texas have been sexually assaulted.
- Sexual assault is one of the most underreported crimes, with only 32% being reported to police each year.
Survivors often encounter significant barriers to justice, including societal stigma and systemic failures that hinder their ability to seek accountability.
Criminal vs. Civil Cases
Victims of sexual assault in Texas have the option to pursue a criminal and civil case. The criminal justice system is responsible for prosecuting the perpetrator and seeking penalties, including imprisonment and fines. Civil lawsuits allow victims to seek financial compensation for the harm caused by the assault, including emotional distress, lost wages, medical expenses, and pain and suffering.
The lower burden of proof in civil cases offers victims a more accessible route to compensation. However, successful outcomes still require strong, compelling evidence. Legal guidance is essential to navigate the intricacies of these cases and secure justice for the victim’s suffering and losses.
The Legal Rights of Sexual Assault Victims in Texas
Victims of sexual assault in Texas have a range of legal rights available to them, which include the following:
- Choice in Reporting – Survivors have the right to decide whether to file a police report or an information report regarding the assault.
- Access to Support Information – Law enforcement must provide survivors with written notice of their rights, including referrals to victim support services and sexual assault programs.
- Medical Care – Survivors are entitled to compassionate and professional treatment in Texas emergency rooms.
- Protection from Polygraph Tests – No survivor can be forced to take a lie detector test as a condition of pursuing their case.
- Confidentiality – Survivors can use a pseudonym to keep their name, address, and phone number private in court records.
- Financial Assistance – Through the Crime Victims’ Compensation Program, survivors may receive reimbursement for medical expenses, relocation costs, and lost wages due to the assault.
- HIV Testing of the Offender – If the perpetrator is indicted, survivors have the right to request that they be tested for HIV and to be notified of the results.
- Safety Considerations in Bail Decisions – Courts must consider a survivor’s safety when setting bail for the accused.
- Legal Notifications – Survivors can request to be informed of all court proceedings, including parole hearings.
- Privacy in Court – Survivors have the right to a separate waiting area before testifying to avoid unnecessary interaction with other witnesses or the defendant.
- Victim Impact Statement – Survivors may submit a victim impact statement, which will be considered during sentencing and parole decisions.
- Address Confidentiality – Eligible survivors can enroll in the Texas Address Confidentiality Program to keep their residential address private.
Holding the At-Fault Party Accountable – Who Can Be Sued?
In a Texas civil sexual assault case, the perpetrator can be held personally liable for damages, even if they are not convicted in a criminal court. Civil lawsuits allow survivors to seek compensation for medical expenses, therapy costs, lost wages, emotional distress, and punitive damages. As noted, since civil cases require proof by a preponderance of the evidence rather than beyond a reasonable doubt, survivors may successfully hold offenders accountable even if criminal charges are not filed or do not result in a conviction.
Beyond the individual offender, third parties such as employers, businesses, property owners, schools, nursing homes, and other institutions may also be held liable if their negligence contributed to the assault. Under premises liability laws, property owners—such as hotels, apartment complexes, and bars—may be sued if they failed to provide adequate security in areas where the assault occurred.
Employers may be liable under negligent hiring or supervision laws if they failed to properly screen or address misconduct by an employee. Schools and workplaces may also be responsible under Title IX or workplace harassment laws if they ignored or mishandled reports of sexual misconduct, allowing the assault to occur.
How Crowe Arnold & Majors Can Help
If you or someone you love has been subject to assault or abuse from a sexual predator, report the incident to authorities, seek medical attention, and reach out to Crowe Arnold & Majors for dedicated legal counsel. By aligning yourself with the right sexual assault lawyer, you can hold abusers and their enablers accountable in a civil sexual abuse case, as well as secure access to resources that may be required in the healing process.
Crowe Arnold & Majors, LLP, provides compassionate, powerful advocacy for survivors of sexual assault throughout North Texas. Contact our Dallas office for a free and confidential consultation to discuss your rights to civil litigation. Our talented attorneys have procured over $100 million in verdicts and settlements on behalf of clients and are ready to put our resources and expertise to work for you.
Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your damages and losses.
