If you are a victim of sexual abuse, which can happen out of the blue despite being vigilant, you need help. Besides the legal assistance offered by any Houston sexual assault lawyers, who will fight for you tooth-and-nail, you need psychological help and private space to heal.
What Is Meant by Sexual Assault?
According to Houston law, any non-consensual sexual act is considered sexual assault. An assaulter indulging in non-consensual sex is liable for second-degree felony charges, and can be convicted and sent to prison, and may also be fined heavily. Even groping or fondling is considered a sexual offense punishable under the law.
Shockingly, 90 percent of the victims know their attackers and can identify them positively. However, they hesitate to do so for various reasons, including the stigma attached to such attacks.
Will the Perpetrator Be Convicted?
A common question running in the minds of most victims is whether the assaulter will get convicted. Talk to any experienced Houston sexual assault lawyers, and they’ll explain what action will be taken and the extent of compensation they can fight and get for their clients, the victims.
It is heartening to note that you can sue any third party under premises liability and get suitable compensation as a victim. The law does not require much proof and can hold the attacker responsible financially as well. With sexual predators stalking, it’s not just the adults; they don’t spare even teenagers and kids or the infirm elderly.
Even though an attacker may not go to prison, financial liability is something they cannot escape.
The Statute of Limitations in Texas
It is challenging to detect sexual predators because they look and act relatively normal and decent otherwise. These tricky and elusive persons are adept at slipping away from the clutches of the law, all the more reason for you to reach out to Houston sexual assault lawyers when such an unfortunate incident has occurred.
The law in Texas has a very short statute of limitations in civil cases in criminal cases such as statutory rape. After a tragic incident like this, a case needs to be filed within two years. However, some cases may have extended time limitations, and victims can file a lawsuit within five years. If the victim was a minor at the time of the rape, the law allows time up to the victim’s 18th birthday.
Title IX of 1972
Students and staff in schools are protected against sexual discrimination and violence under title IX of the Education Amendments of 1972. Schools and colleges are entitled to federal funding.
In a similar case in Arizona (J.K. vs. Arizona Board of Regents), a federal court rejected the university’s argument that it was not responsible under Title IX. The case relates to a campus athlete who raped a student. Similar cases are applicable anywhere in the country, and any Houston sexual assault lawyers will guide victims on claiming suitable compensation for any such assault.
Compensation under Texas Premises Liability Laws
If rape has occurred in any property, under the Texas premises liability law, the onus in on Houston sexual assault lawyers to prove that it is the responsibility of the property owner to be aware of the precarious condition of the property, which the owner did not bother to correct, nor did she or he a provide a suitable warning about the condition of the building.
The duty of care regarding premises visitors rests with the property owner, who has to disclose unreasonably dangerous conditions. The sexual assault lawyer will prove in the court that the property owner breached that duty and claim suitable compensation be paid to the victim.
Summing it Up
Sexual assault causes severe trauma, often leaving the victims scarred for life. As a victim, you have to open up courageously and ensure that the predators never go unpunished. Victims should seek legal remedies and psychological counseling to overcome the trauma and endeavor to seek some semblance of normalcy in their lives.