Sexual Assault Victim's Rights Litigation
There are two justice systems in America. There is the criminal justice system and the civil justice system. In the criminal justice system, the state or federal government brings charges based on alleged violations of the Texas Penal Code or the United States Code. The state or federal government seeks to obtain a conviction and a sentence of probation, jail time, or prison time. If you are charged by the state or federal government with sexual assault, read more about sexual assault here.
On the other hand, the civil justice system is where private parties settle disputes. In the civil justice system, parties can be awarded damages for violations of the civil practices and remedies code. Damages include money. You may also be able to obtain a court order prohibiting certain actions from being taken.
If you have been assaulted, the first step is to call the police and file a report. Once you involve law enforcement, they will begin their investigation into the allegations. It is important to be honest and forthcoming with the authorities. The Major Law Firm can help guide you through this process. Even though the authorities are conducting their own investigation, it is important to hire a civil sexual assault lawyer to begin preparing your case. The Major Law Firm can help build your sexual assault claim by obtaining:
• Admissions of guilt from the perpetrator
• Financial documents showing the cost of the assault
• Medical records
• Police reports
Generally, the authorities do not share their evidence or investigation until the investigation is over. An investigation is normally over when the district attorney decides to bring charges against the person accused of sexual assault. In Texas the criminal statute of limitations for sexual assault of a victim who is 18 years or older is 10 years after the day the offense took place. The statute of limitations is longer, however, if the victim was less than 17 when the sexual assault occurred. However, the civil statute of limitations for civil sexual assault is 5 years if the victim was over 17 when the assault occurred. This is important because the district attorney has more time than a civil plaintiff has to bring a lawsuit.
The Major Law Firm can also help you identify who is responsible for your assault. Depending on the facts, a business, or government may have contributed to causing the assault. Each case of sexual abuse or assault must be analyzed individual to determine who is responsible for your damages. We can help you bring a civil lawsuit in cases involving:
• Clergy and the church
• Dates and acquaintances
• Family Members
• Physicians, nurses and other health care providers·
• Teachers and schools
• Nursing homes
You may still bring a civil sexual assault claim even if your attacker was never caught or exonerated. As detailed the civil justice system is different from the criminal justice system. Even if a perpetrator was acquitted in criminal court, the burden of proof is less in civil court where your lawsuit will be filed. By filing a civil assault lawsuit, you can recover compensation for your pain and suffering, medical expenses and other damages. Sexual assault cases are deeply traumatic and the civil justice systems helps provide for the victims. If you have been a victim of sexual assault and would like to know the next steps you can take to get your life back on track call The Major Law Firm today. We offer no cost, confidential consultations.