Navigating a Sexual Assault Claim in Houston, TX

Survivors of sexual assault face a broad spectrum of devastating injuries. While all injury victims struggle with the emotional effects of their physical injuries and physical limitations, survivors of sexual assault endure unique emotional injuries. These emotional injuries are made more complicated by the fact that the perpetrator is often someone the victim knew and trusted: a teacher, a camp counselor, a coworker, or a religious leader.

Investigating a sexual assault claim usually means looking for a lack of investigation somewhere. People are put into positions of power by organizations that fail to perform the simplest of background checks. At the heart of every sexual assault is a predator, and Perdue & Kidd takes seriously holding not just the predator accountable but everyone who provided opportunities to the predator.

Perdue & Kidd has successfully fought for survivors of sexual abuse committed in various environments, including schools, massage businesses, and churches. Currently, Perdue & Kidd represents many clients who were victims of institutional sexual abuse by predators within the Catholic Church and Boy Scouts of America. If you or someone you know needs help, contact a Perdue & Kidd sexual assault lawyer in Houston right away.

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Perdue & Kidd – Named “The Best Lawyers in America” for Over 17 Years

Our law firm in Houston, TX, takes on the most complex, challenging cases and emerges victorious, thanks to the sophisticated legal acumen and unrelenting drive for justice of our esteemed personal injury attorneys. When you choose Perdue & Kidd, you can rest assured your case is being prioritized and that you are on track to receive the maximum in damages to which you are entitled. With our Houston sexual assault lawyers in your corner, unflinchingly speaking truth to power, you can trust that your rights and best interests will be protected. Contact us today to schedule an initial case evaluation.

What Is Considered Sexual Assault in the State of Texas?

In Texas, sexual activity without consent is considered sexual assault. The Texas Penal Code outlines the following scenarios as a basis for a sexual assault accusation:

  • Acquiring sex through violence or physical force
  • Using the threat of violence or force to obtain sex
  • Having sex with an individual who is unconscious and unable to give consent
  • Having sex with someone who is not mentally capable of giving consent
  • Being sexual with someone who is not aware the assault is taking place
  • Giving someone a substance to impair their judgment or mobility without their knowledge and thus obtain sex while the victim is under the influence
  • Using status as a public servant to coerce others into having sex 
  • Using status as a mental health or healthcare provider to coerce or manipulate someone into being sexual
  • Using status as a clergyman or religious/spiritual adviser to coerce or manipulate someone into being sexual

What Is the Age of Consent in the State of Texas?

In Texas, a “child” is defined as anyone younger than the age of 17. Even if the victim consents, there is still a basis for a sexual assault charge based on the Texas Penal Code’s stipulations regarding sex with minors. In other words, individuals under 17 cannot legally give consent to sexual conduct.

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Penalties for Sexual Assault in Texas

Legal outcomes for sexual assault convictions can vary depending on multiple factors, including the age of the victim, the nature of the case, and the criminal history of the perpetrator. Sexual assault is listed as a second-degree felony in Texas, meaning that conviction can result in the following consequences:

  • Prison time – A convicted perpetrator may face a prison sentence of 2 to 20 years. (When the victim is a minor, charges can be raised to “aggravated sexual assault," a first-degree felony. This comes with a prison time of 5 to 99 years.
  • Fines – In addition to prison time, a court may ask the defendant to pay a fine of up to $10,000. Aggravating factors, such as using violence, force, threats, or being a repeat offender, can lead to harsher penalties.
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Do I Need to Hire a Lawyer?

Yes, you need to hire a lawyer. If you have been injured because of someone’s wrongdoing, there is a good chance you will have to face an insurance company. You should not fight the insurance company alone. The insurance company does not have to be fair or reasonable with you, and its number one priority is to settle your claim for as little as possible or, worse, convince you that you are not entitled to any compensation. When you hire Perdue & Kidd, you are hiring a team of experts who know the tricks and lies that insurance companies use to try to diminish the value of your claim.

You also need to hire a lawyer because you need someone who understands the ever-changing laws in Texas. In a car accident case, it’s not just about traffic laws. In a workplace injury case, it’s not just about workers' compensation. Each personal injury is governed by rules and laws that can limit or even preclude your right to recovery. Perdue & Kidd’s sexual assault lawyers in Houston know the law in Texas because Perdue & Kidd’s lawyers help shape the law in Texas.

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Can Third Parties Be Held Liable for Sexual Assault in Texas?

Perpetrators of sexual assault can be held accountable both in criminal and civil court. This means they can face both a prison sentence and a fine, as well as being ordered to pay damages to victims and their families. Third parties who failed the victim can also be held liable for sexual assault. Organizations with certain policies and procedures that allowed the assault to take place – or individuals who covered it up – can be considered legally responsible.

Our skilled sexual assault attorneys at Perdue & Kidd in Houston, TX, will go to great lengths to determine all liable parties involved in your case and hold them accountable. While it is never the victim’s job to alter the system, a lawsuit against negligence in organizations and companies can lead to positive societal change while also increasing the amount of compensation available.

Common examples of third-party complicity in sexual assault cases include the following:

  • Employers who failed to take action against managers or others in positions of authority who engaged in sexual assault
  • Employers or companies that tried to silence victims or cover up patterns of sexual assault
  • Universities and schools that failed to take action against administrators, employees, students, or teachers who committed sexual assault

What Damages Are Available for Victims of Sexual Assault in Houston, Texas?

Sexual assault can inflict physical, mental, and emotional damage on a victim, which, in some cases, can be life-altering. Emotional trauma may seem like something difficult to quantify, but our knowledgeable, experienced lawyers can help calculate the appropriate compensation. We will work with a team of experts to thoroughly assess all the areas where damages are due. Our team can seek damages for the following:

  • Medical expenses, including hospital visits, assistive devices, medications, transport, doctor’s visits, rehabilitation, physical therapy, and hospitalizations
  • Lost wages and loss of future earning capacity
  • Disability
  • Pain and suffering
  • PTSD, anxiety, and depression
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life
  • Wrongful death
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What Is the Time Limit to File a Sexual Assault Claim in Texas?

While it can be stressful and overwhelming for victims to discuss the details of sexual assault, it is critical to assert one’s legal rights in a timely fashion in order to obtain the maximum compensation available. In the state of Texas, the statute of limitations dictates that victims of sexual assault have five years from the date of the assault to file a lawsuit. Victims typically have two years to file a suit against negligent third parties. In civil cases involving minors under 17 at the time of the assault, depending on specific facts involved, the statute of limitations may be anywhere from 10-30 years from the victim’s 18th birthday.

If you wait too long, you may lose your opportunity to recover the damages you rightfully deserve. This is why it is imperative to work with a dedicated and compassionate sexual assault attorney in Houston at Perdue & Kidd who can handle all the details of your case, taking the stress and anxiety of the situation off your shoulders. Call us today to get started with a detailed case evaluation in a safe space.

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Perdue & Kidd’s lawyers represent individuals in a vast spectrum of personal injury cases. Our lawyers’ decades of experience come from successfully fighting for people in cases related to 18-wheeler accidents, medical malpractice, slip-and-falls, dog bites, workplace injuries, sexual assaults, and dangerous medical devices and drugs. If you have been injured by someone’s wrongdoing, you need to call a lawyer. You need to call Perdue & Kidd.

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