Can I Sue For Sexual Assault in Texas?

If you need an answer to: “Can I sue for sexual assault in Texas?” The answer is yes, Texas law allows survivors to pursue criminal and civil lawsuits against their attackers and, in some cases, against institutions that failed to protect them. For personalized guidance on your situation, call (512) 233-6947 to schedule a free and confidential consultation with a compassionate and experienced Texas sexual assault lawyer at Campos Law Group.

Understanding Civil vs. Criminal Cases in Sexual Assault

Most sexual assault cases are thought to be criminal court proceedings, where the state prosecutes the perpetrator. However, the civil court offers a separate path for victims that can be equally important for survivors seeking justice and compensation. 

While criminal cases focus on punishing the offender, civil lawsuits center on helping survivors recover financially from their ordeal. The burden of proof differs significantly between these two types of cases. In criminal court, prosecutors must prove guilt—beyond a reasonable doubt—the highest standard in our legal system. 

Civil cases, on the other hand, only require a preponderance of the evidence—meaning it’s more likely than not that the assault occurred. Many survivors find civil court more accessible due to its lower burden of proof and the greater control they have over the process.

What Damages Can Be Recovered in a Texas Sexual Assault Lawsuit?

Sexual assault survivors in Texas can pursue compensation through civil litigation. These civil damages recognize both the immediate and long-term impacts of the assault on the survivor’s life. Understanding what you might be entitled to can help you make informed decisions about pursuing legal action. A Texas sexual abuse attorney can assess your case and explain the next steps in seeking justice.

Economic Damages

Economic damages form one category of compensation available to sexual assault survivors. They represent the financial losses incurred from the assault and frequently include the following:

• Past, current, and future associated medical expenses
• Rehabilitation costs for physical injuries 
• Mental health expenses
• Lost wages from time off work during recovery or court proceedings
• Future loss of earnings

Campos Law Group thoroughly evaluates all out-of-pocket expenses relating to the assault, including changes in living arrangements and transportation costs to and from medical and mental health services. When relevant, we collaborate with healthcare professionals and financial experts to calculate potential future expenses. 

Non-Economic Damages

Non-economic damages address the intangible but very real harm caused by sexual assault. Depending on your circumstances, you may secure compensation for the following non-economic damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring or disfigurement
• Permanent impairment or disability
• Loss of consortium—damage to personal relationships

While harder to quantify than medical bills, these damages often represent the most significant portion of a settlement or jury award for sexual assault in Texas. Campos Law Group uses evidence, including medical records, psychological evaluations, and the victim’s injury journal, to prove non-economic damages. Testimony from the victim, their friends and family, and credible expert witnesses is invaluable to establishing these losses.

Who Can I Sue for a Sexual Assault in Texas?

While the perpetrator bears primary responsibility for a sexual assault, Texas law recognizes that other parties may share liability under certain circumstances. Determining all potentially liable parties is critical to maximizing recovery and achieving justice—particularly when the primary perpetrator lacks the resources to satisfy a judgment. In many successful sexual assault cases, survivors pursue additional claims against:

• Employers who knew or should have known about an employee’s dangerous propensities.
• Schools, colleges, or universities that failed to provide adequate security or ignored warning signs can be liable.
• Property owners who failed to maintain safe premises or ignored known dangers.

Campos Law Group has experience identifying all potential sources of recovery in sexual assault cases. Sometimes the institution with the deepest pockets also bears significant responsibility for allowing the assault to occur.

Statute of Limitations for Suing for Sexual Assault in Texas

Time limits for filing sexual assault claims or lawsuits in Texas are more generous than for most other personal injury claims. The state recognizes that survivors often need time to process their trauma before taking legal action. A skilled and compassionate Texas sexual assault attorney will ensure no deadlines are missed. 

Adult Survivors

For adult survivors, Texas generally allows five years from the date of the assault to file a civil lawsuit. However, the law includes a “discovery rule” that can extend this deadline. If the survivor repressed memories of the assault or didn’t realize the connection between their injuries and the assault until later, the five-year clock may not start ticking until they make this discovery.

Childhood Survivors

The statute of limitations for childhood sexual assault doesn’t begin running until the survivor turns 18, giving adult survivors more time to come forward. Recent changes to Texas law have expanded options for childhood sexual assault survivors. Even if the original statute of limitations expires, survivors may still have options under certain circumstances. Campos Law Group stays current on these changes and can advise survivors on their options regardless of when their assault occurred.

Consult an Experienced Texas Sexual Assault Lawyer

Sexual assault survivors deserve justice and compensation for their suffering. While no amount of money can undo the harm, a successful civil lawsuit can provide the resources needed for healing and send a message that such conduct won’t be tolerated. If you’re considering legal action, don’t wait—contact Campos Law Group today at (512) 233-6947 or through our contact form for your free consultation with a Texas sexual assault attorney.

Call our the team of experienced lawyers at Campos Law Group Personal Injury Attorneys for a free consultation, and take the first step towards getting the support you deserve.

We serve all throughout Texas. Visit our law office at:

Campos Law Group Personal Injury Attorneys
3910 S Interstate 35, STE 300
Austin, TX 78704
Phone: (512) 886-9119
Email: Info@KeepAustinSafe.com