Aggravated sexual assault is among the most serious crimes under Texas law, carrying devastating consequences for victims. Beyond the trauma and emotional pain, victims often face lifelong challenges related to health, safety, employment, and relationships. While criminal prosecution seeks justice against offenders, victims also have the right to pursue civil remedies that can help them recover compensation and regain a sense of control.
At Kherkher Garcia, our sexual assault and abuse attorneys are dedicated to standing beside survivors of aggravated sexual assault. We understand the sensitivity of these cases and fight relentlessly to ensure victims’ voices are heard, rights are protected, and justice is pursued through every available avenue.
Understanding Aggravated Sexual Assault in Texas
Texas law distinguishes between sexual assault and aggravated sexual assault. While both involve non-consensual sexual activity, aggravated sexual assault is considered far more severe because of aggravating factors.
Under Texas Penal Code §22.021, aggravated sexual assault occurs when a person commits sexual assault and one or more of the following circumstances apply:
- The assailant causes serious bodily injury or attempts to cause the death of the victim or another person.
- The assailant uses or exhibits a deadly weapon during the assault.
- The victim is younger than 14 years of age.
- The victim is older or disabled.
- The assailant threatens kidnapping, trafficking, or other acts of violence during the assault.
- The victim is unconscious, physically unable to resist, or under the influence of drugs or alcohol administered by the assailant.
These elements elevate the charge from a second-degree felony (sexual assault) to a first-degree felony (aggravated sexual assault).
Criminal Penalties for Aggravated Sexual Assault in Texas
The penalties for aggravated sexual assault in Texas are severe. A conviction carries:
- First-degree felony charges
- Prison sentence ranging from 5 to 99 years, or life in prison
- Fines up to $10,000
- Mandatory sex offender registration, which imposes long-term restrictions on housing, employment, and social opportunities
In some cases, such as assaults involving children under 6 years old, Texas law imposes a minimum 25-year prison sentence without eligibility for parole.
While the criminal justice system punishes offenders, it does not necessarily provide victims with the compensation or resources they need to heal. That is where civil lawsuits become critical.
Civil Lawsuits After Aggravated Sexual Assault
Survivors of aggravated sexual assault have the right to file a civil lawsuit against their attacker and, in some cases, against third parties who enabled or failed to prevent the assault. Unlike criminal cases, which are prosecuted by the state, civil lawsuits are brought by victims and focus on obtaining financial compensation for damages such as:
- Medical expenses (emergency care, surgeries, counseling, medications)
- Psychological therapy and trauma recovery
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
Potential Third-Party Liability
Assaults often occur in places where security and safety should be prioritized. If businesses, institutions, or organizations fail to provide reasonable protection, they may also be held accountable in civil court. Examples include:
- Hotels and motels with inadequate security measures.
- Workplaces that ignore reports of harassment or unsafe conditions.
- Schools, colleges, or universities that fail to protect students from known risks.
- Bars and nightclubs that over-serve alcohol or fail to prevent dangerous situations.
- Rideshare companies, landlords, or property managers that neglect safety protocols.
- Religious organizations, including churches, schools, and others.
By pursuing third-party liability, victims may be able to recover compensation from entities with greater financial resources than individual offenders.
When to Contact an Attorney
If you or a loved one has been the victim of aggravated sexual assault, it is important to contact an attorney as soon as possible. Early legal intervention can:
- Protect your rights during the criminal investigation
- Ensure crucial evidence is preserved
- Identify all potential sources of compensation
- Provide immediate legal and emotional support
- Guide you through communications with law enforcement, employers, and insurers
Even if criminal charges are pending, you still have the right to explore civil action. The sooner you speak with a lawyer, the stronger your case may be.
What to Prepare for a Legal Consultation
Meeting with an attorney after such a traumatic event may feel overwhelming. To make the process easier, try to gather as much information as possible for your consultation, including:
- A timeline of events surrounding the assault
- Names of witnesses or individuals with relevant information
- Police reports or case numbers, if filed
- Medical records related to injuries or treatment
- Communication records (texts, emails, social media) that may provide evidence
- Any prior complaints made about the assailant (workplace, school, etc.)
You do not need to have everything perfectly organized. Our team at Kherkher Garcia will help guide you through the process with compassion and care.
How Kherkher Garcia Helps Victims of Aggravated Sexual Assault
At Kherkher Garcia, we approach every aggravated sexual assault case with sensitivity, determination, and unwavering advocacy. Here is how we help survivors:
- Compassionate Support – We understand the emotional toll of sexual assault and handle every case with empathy and discretion.
- Thorough Investigation – Our legal team works with investigators, medical professionals, and experts to gather evidence and build a compelling case.
- Aggressive Representation – We pursue both criminal and civil justice, ensuring perpetrators and negligent parties are held accountable.
- Maximizing Compensation – We fight for full compensation for medical care, therapy, lost wages, and the pain endured.
- Protecting Rights – We serve as a strong voice for survivors throughout every step of the legal process.
Frequently Asked Questions (FAQ)
What is the difference between sexual assault and aggravated sexual assault in Texas?
Sexual assault becomes aggravated when additional factors – such as use of a weapon, serious injury, or the victim being a child, an older person, or disabled – are present. Aggravated sexual assault carries harsher penalties, including life in prison.
Can I file a civil lawsuit even if criminal charges are dropped?
Yes. Civil lawsuits are separate from criminal proceedings. Even if the offender is not convicted, you may still pursue compensation through civil court.
How long do I have to file a civil claim after aggravated sexual assault?
In Texas, the statute of limitations varies depending on the circumstances, but many sexual assault-related claims allow survivors extended time to come forward. It is important to speak with an attorney as soon as possible to protect your rights.
Can a business or institution be held liable for an aggravated sexual assault?
Yes. If a company, school, property owner, or other entity failed to provide adequate security or ignored known risks, they may be legally responsible.
How much does it cost to hire Kherkher Garcia for my case?
We represent sexual assault victims on a contingency fee basis. That means you pay nothing upfront, and we only get paid if we recover compensation for you.
Contact Kherkher Garcia – Experienced Aggravated Sexual Assault Lawyers
If you or someone you love has been the victim of aggravated sexual assault, you do not have to face this journey alone. The law provides powerful tools for victims to seek justice, hold wrongdoers accountable, and secure the resources needed for healing.
At Kherkher Garcia, we combine compassion with aggressive advocacy to fight for survivors’ rights. Our attorneys have the experience, resources, and determination to pursue justice against attackers and negligent third parties.
Contact Kherkher Garcia today for a confidential, free consultation. Let us help you protect your rights, find your voice, and take the first steps toward healing. Call us at 713-333-1030 to get started. Or, you can reach out to us online via our website contact form.
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