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Kherkher Garcia LLP represents survivors of sexual assault in Houston, throughout Texas, and nationwide. We are committed to holding abusers and the institutions that enable them accountable. A sexual assault lawyer in Houston evaluates not just the act itself, but the broader network of negligence that made it possible: an employer who ignored warnings, a corporation that failed to screen its drivers, a university that buried a complaint.
In Texas, survivors have the right to pursue civil claims independent of any criminal actions, and those claims can result in meaningful financial recovery for the harm caused and a sense of justice for victims.
Sexual violence is far more common than official reports reflect. According to the 2023 Harris County Sexual Assault Response Team (SART) Biennial Report, there were 14,972 rapes reported to law enforcement in Texas in 2021 (the most recent data year), and that figure captures only those cases reported to law enforcement. That means the actual extent of the crime is considerably higher.
A civil lawsuit gives survivors a legal path that exists entirely apart from the criminal system. Key points survivors should understand:
In a civil case, the survivor controls the claim. In a criminal case, the state controls the prosecution. The two systems serve different purposes and operate on different tracks:
| Criminal Case | Civil Case | |
|---|---|---|
| Who files | The state (prosecutor) | The survivor |
| Standard of proof | Beyond a reasonable doubt | Preponderance of the evidence |
| Goal | Punishment | Compensation for harm |
| Conviction required | Yes | No |
A survivor can pursue a civil claim even when a criminal case was never filed, was dismissed, or resulted in an acquittal. Many survivors find that a civil claim, where they drive the process and the focus is on their recovery, provides accountability that the criminal system cannot deliver on its own.
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Mormon Church sexual abuse cases involve claims of sexual assault by church leaders, clergy, or authority figures within The Church of Jesus Christ of Latter-day Saints. These cases frequently center on institutional negligence, specifically whether church leadership knew or should have known about an abuser and failed to act. Common legal issues include:
Under Texas Civil Practice and Remedies Code Chapter 81, sexual contact between a mental health services provider and a patient or former patient may constitute a civil cause of action. Covered providers include licensed social workers, licensed professional counselors, psychologists, chemical dependency counselors, marriage and family therapists, and members of clergy performing mental health services. Claims in this category may address:
Coaches and team physicians hold positions of significant authority over athletes. Civil claims in these cases often focus on the institution, a school, sports organization, or medical facility that employed the abuser and failed to supervise or respond to complaints. These cases may involve:
Under Texas Civil Practice and Remedies Code Chapter 118, a public school that is grossly negligent or reckless in hiring, supervising, or employing a professional school employee may be liable for sexual misconduct committed by that employee against a student enrolled in the school.
Sexual abuse and misconduct in Texas public schools is a problem that lawmakers, administrators, and parents should take seriously. The perpetrator and the school system can both be held accountable for sexual misconduct, grossly negligent hiring, and failure to report suspected abuse.
Civil claims arising from campus sexual misconduct may be brought against the perpetrator, the institution, or both. Legal considerations in campus cases include:
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex-based discrimination in any federally funded education program or activity. It protects campus community members who experience sex discrimination, sexual harassment, sexual assault, interpersonal violence, and stalking. When a school fails to respond appropriately to a Title IX complaint, survivors may have civil claims grounded in the institution’s failure to meet its federal obligations.
Liability in a civil sexual assault claim does not begin and end with the perpetrator. Texas law recognizes that institutions, employers, and property owners may bear legal responsibility when their conduct, or failure to act, contributed to the assault. Potentially liable parties may include:
Texas premises liability law requires property owners to maintain reasonably safe conditions for those lawfully on the property. When a sexual assault occurs at a hotel, apartment complex, parking garage, or similar venue, the owner may be liable if inadequate security created or contributed to the risk. The legal question is whether the owner knew or should have known that the premises posed a foreseeable risk of criminal conduct, and whether reasonable security measures were in place. Evidence of prior incidents, inadequate lighting, broken access controls, or absent security personnel can all factor into that analysis.
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A civil sexual assault claim in Texas may allow survivors to pursue compensation reflecting the broad scope of harm sustained. Recoverable damages may include:
In cases involving intentional misconduct or gross negligence, a judge and/or jury may also award exemplary damages. The value of any claim depends on the specific facts, the severity of the harm, and the strength of supporting evidence.
The harm caused by sexual assault extends well beyond the immediate physical event. According to the American Psychiatric Association (APA), post-traumatic stress disorder (PTSD) is a psychiatric condition that may develop following a traumatic event, including physical and sexual abuse. Survivors frequently experience intrusive memories, avoidance behaviors, negative changes in mood and cognition, and heightened physiological responses.
These documented psychological conditions carry direct legal significance. Non-economic damages, including mental anguish, emotional distress, and loss of enjoyment of life, are compensable under Texas law. Thorough medical and therapeutic documentation strengthens that portion of a claim, and at Kherkher Garcia LLP, our team works with medical and mental health professionals to ensure that the psychological impact of the assault is accurately captured and presented.
The steps taken following an assault affect both a survivor’s health and the strength of any future legal claim. The following steps, when possible, protect important rights:
Texas law sets time limits on when a civil sexual assault claim may be filed. Missing these deadlines can bar a claim entirely, regardless of its merits.
Under Texas Code of Criminal Procedure Article 12.01, the criminal statute of limitations for sexual assault of an adult is generally ten years from the date of the offense. Civil statutes of limitations for sexual assault claims may differ and vary based on the survivor’s age at the time of the assault, the identity of the defendant, and other case-specific factors:
A sexual assault lawyer in Houston can evaluate the specific deadline applicable to a claim. Delay risks forfeiting the right to pursue compensation entirely.
No Fees Unless We Win
At Kherkher Garcia LLP, our team approaches every sexual assault case with a focus on evidence, accountability, and the survivor’s long-term recovery. Cases involving sexual misconduct require compassion and precision in identifying the correct defendants, building the factual record, and presenting the scope of harm in a way that holds up in negotiation and at trial. Our process includes:
Kherkher Garcia LLP has secured meaningful results for survivors pursuing civil claims against negligent parties and institutions:
Our trial team has recovered over $1 billion across complex personal injury and negligence cases in Texas, demonstrating the resources and courtroom expertise we bring to every claim we handle.
Past results do not reflect the outcome of future cases. Each case is evaluated on its own facts and circumstances.
Sexual abuse survivors deserve a legal team that takes their claim seriously and pursues every avenue of accountability. Kherkher Garcia LLP has the resources, trial experience, and commitment to go up against corporations, institutions, and insurers on behalf of those who have been harmed. What’s more, we operate with the utmost compassion and confidentiality.
Call us at 713-333-1030 today for a free, confidential consultation with a sexual assault lawyer in Houston. There is no fee unless we recover for you.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
Survivors of sexual assault deserve compassionate legal representation and a team that will fight relentlessly to hold those responsible accountable. At Kherkher Garcia LLP, our team of personal injury lawyers handles these sensitive cases with the discretion, care, and determination that every survivor deserves, pursuing full justice for the harm they have suffered. When you need a sexual assault lawyer near you in Houston you can trust, we are ready to stand by your side every step of the way.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
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The team at Kherker Garcia was top notch and my case was in great hands with them. They were professional, communicative, and helped me to reach a successful resolution. I would 100% recommend to anyone needing a personal injury lawyer.
The best law firm i could’ve chosen for my case! Super supportive and helpful, always there when i had questions or concerns about my case, made me feel super comfortable with everything and made sure i got the best outcome. Couldn’t have been any happier with the work they did!
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The team at Kherkher Garcia was professional, communicative, and successfully handled my case.
I have meet Mr. Jesus Garcia, Jr. more than 15+ years ago when he worked in a national art famous law firm. He is a quality person with professional acknowledge. Recent years as one of his clients I had have his very good service and advice. I trust him. He is a outstanding trial lawyer I believe.
Mr. Eric A.Hawley he works very carefully. He always to listening and to understanding his client. I would like to say he is a very good and also very professional lawyer too.
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Yes. A criminal conviction is not required to pursue a civil sexual assault claim in Texas. Civil and criminal cases operate under separate legal standards.
The deadline depends on the survivor’s age at the time of the assault and the specific defendants involved. Because the applicable deadline varies, consulting with a sexual assault lawyer in Houston promptly is the most reliable way to protect the right to file.
Yes, when the property owner’s negligence contributed to the assault. Texas premises liability law allows civil claims against property owners whose failure to maintain adequate security created or contributed to a foreseeable risk of criminal harm.
Compensation may include both economic and non-economic damages. Recoverable damages in a Texas civil sexual assault claim may include medical expenses, mental health treatment costs, lost income, physical pain and suffering, emotional distress, and loss of enjoyment of life.
Not necessarily, though testimony may be part of the process depending on how the case develops. Many civil claims resolve through negotiation or mediation without a trial. When a case does proceed to trial, a survivor may be asked to testify. At Kherkher Garcia LLP, our team prepares survivors thoroughly for every stage of the process and works to limit unnecessary exposure while presenting the strongest possible case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
