Sexual Assault Lawyer in Beaumont Representing Sexual Assault and Sexual Abuse Injury Victims Throughout Texas
Sexual assault, abuse or battery generally causes enormous suffering, torment and hurt to victims and their families. Sexual assault is a serious crime in Texas that can lead to a lengthy prison sentence. However, criminal prosecution only accomplishes punishing the perpetrator and does not remedy the harm or provide adequate compensation to the victims or their families. A civil lawsuit can help to serve justice and provide the victim with some resources to assist and compensate the victim.
The sexual assault attorneys at Gilbert Adams Law Offices take these cases very seriously. We fight to obtain full compensation for our clients and make sure that the perpetrators of these heinous crimes are served the justice they deserve. Read on to learn more about sexual assault injury in Texas and how our assault injury lawyers can help.
Civil Liability is Independent of Criminal Liability
If you, your child or loved one has been the victim of sexual assault or sexual abuse, you have the right to seek justice in both civil and criminal court. Sexual assault is a crime with varying degrees of punishment depending on the nature of the conduct and the nature of the victim. Sexual abuse and assault can be actionable and serve as grounds to bring a civil suit for damages, much like other personal injury claims.
Criminal and civil claims may each be brought regardless or independent of one another. Different standards of proof apply in criminal and civil court. In criminal court, a jury must be convinced “beyond a reasonable doubt” that the defendant committed the crime. In civil court, the defendant’s responsibility need only be shown “by a preponderance of the evidence,” meaning the jury believes it is more likely than not that the claim is true. If an alleged sexual abuser is found not guilty of the crime, or if the prosecutors decline to charge the defendant at all, the alleged victim might still have a strong claim in civil court for compensatory and exemplary damages.
Talk to your Texas sexual assault attorney about whether and when to file your civil claim. It may be worth waiting to see how the criminal case bears out; if the defendant is found guilty or pleads guilty, then you will have strong evidence in your favor in civil court. If the charges against the defendant are dropped, you may still bring civil claims so long as you are still within the statute of limitations period (the time limit for filing a claim).
Who Else is Liable After Sexual Assault?
In addition to the perpetrator, there may be other parties who share in liability or who may be responsible for sexual assault or abuse. For instance, if the victim was a child or an elderly person, then other parties who were responsible for taking care of the victim may also be liable. School or daycare administrators, for example, are responsible for ensuring the safety and well-being of children in their care. Nursing homes are responsible for protecting the health of elderly or disabled residents. If those parties fail in their duties and a child or elderly resident is harmed, the institution may be held liable. Likewise, religious institutions may be held responsible for the conduct of their officials.
There are also circumstances under which certain parties are responsible for the safety of all parties on their premises. An employer can be negligent for failing to adequately investigate applicants or in retaining employment with a perpetrator. The owner of a premises may have legal responsibility for failing to take timely action to prevent a sexual assault. A duty to prevent sexual assault may be assumed or implied by other conduct. Your knowledgeable sexual assault attorney can help you identify all parties who may be held liable for your assault.
Sexual Assault Injury Attorney in Beaumont Helping Assault Survivors Throughout Texas Get Justice
If you or someone you love has been the victim of sexual assault, you have the right to seek justice. We can help. Our attorneys have years of experience fighting for the rights of Texas families harmed by egregious conduct. We help assault victims and their families recover from all parties responsible, and we do so without charging a fee until we obtain compensation on your behalf. Contact the Gilbert Adams Law Offices for a free case evaluation and discussion of your options.