Sexual assault is a devastating crime – physically, emotionally, and psychologically. Survivors often carry lifelong scars, and while no legal action can undo the trauma, pursuing justice can help victims reclaim their power and hold offenders accountable.
At Kherkher Garcia, our experienced team of lawyers provide compassionate, strategic legal representation for survivors in Texas. If you or a loved one has experienced sexual assault, we are here to help you understand your rights, explore your legal options, and fight for the justice and compensation you deserve.
Understanding Sexual Assault Under Texas Law
Under Texas Penal Code §22.011, sexual assault is defined as intentionally or knowingly causing another person to engage in a sexual act without their consent. This includes:
- Penetration of a sexual organ without consent
- Causing another person to penetrate the actor or someone else without consent
- Sexual acts with someone who is unconscious or incapable of resisting
- Sexual contact with a child, regardless of consent
Consent is the key element. A person cannot give legal consent if they are:
- Under the age of 17
- Mentally incapacitated
- Under the influence of drugs or alcohol to the point of being unaware
- Threatened or coerced
Sexual assault is a felony offense in Texas, and perpetrators can face severe criminal penalties. But survivors also have the right to pursue a civil lawsuit, and this is where our legal team can step in.
Criminal vs. Civil Sexual Assault Cases
Most people are aware of the criminal justice process, where the state brings charges against a perpetrator and, if convicted, the offender may face prison time, fines, and sex offender registration.
But survivors also have the right to file a civil lawsuit against the perpetrator and, in some cases, against third parties whose negligence contributed to the assault. Unlike a criminal case, a civil case is brought by the victim and seeks financial compensation for damages, including:
- Medical expenses
- Therapy and counseling costs
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (in some cases)
At Kherkher Garcia, we help survivors navigate the civil legal system and hold all responsible parties accountable not just the attacker, but also institutions that enabled abuse through negligence, such as schools, churches, employers, or apartment complexes that failed to provide adequate security.
Who Can Be Held Liable in a Sexual Assault Civil Lawsuit?
In many cases, the attacker isn’t the only one responsible. Texas law allows victims to hold other parties liable if their negligence created the conditions that allowed the assault to happen. Common examples include:
- Employers that failed to run background checks or ignored complaints about inappropriate behavior.
- Landlords or property managers who did not provide adequate lighting or security.
- Rideshare companies or transportation providers that failed to vet drivers.
- Churches, daycare centers, or schools that covered up abuse or failed to protect children.
- Bars and nightclubs that overserved a clearly intoxicated person who later committed an assault.
Our sexual assault lawyers are experienced in identifying all avenues for legal accountability. We investigate each case thoroughly and work with experts to build strong, evidence-based claims.
How Kherkher Garcia Helps Survivors of Sexual Assault
At Kherkher Garcia, we know how difficult it is to come forward after such a traumatic experience. Many survivors feel ashamed, isolated, or afraid of not being believed. That’s why we offer compassionate, confidential legal support from the moment you reach out.
Here’s how we help:
Confidential Consultation
Your story is safe with us. We start with a confidential consultation where you can speak openly with a skilled attorney. We will listen without judgment, explain your legal options, and help you decide if moving forward with a civil case is the right step for you.
Independent Investigation
We conduct a thorough, independent investigation to gather facts, interview witnesses, preserve evidence, and identify all parties who may be held legally responsible.
Filing a Civil Lawsuit
If you choose to pursue a civil case, we will handle everything from preparing the legal documents to negotiating with the defense. If necessary, we will take your case to trial and fight for maximum compensation.
Support Throughout the Process
You will never be left in the dark. We keep you informed, answer your questions, and support you every step of the way. We can also connect you with therapists, victim advocacy organizations, and other resources.
No Upfront Cost
We believe everyone deserves access to justice. That’s why we handle sexual assault cases on a contingency basis. You don’t pay us unless we win compensation for you.
Statute of Limitations in Texas Sexual Assault Cases
It is important to know that Texas has strict time limits for filing a civil lawsuit:
- For adult survivors, the general statute of limitations is 5 years from the date of the assault.
- For child victims, Texas law extends the deadline to 30 years after the victim turns 18.
However, these deadlines can vary depending on the specific facts of the case, and recent changes to Texas law may impact certain claims. That’s why it is essential to speak with a lawyer as soon as possible even if the assault happened years ago.
With Kherkher Garcia, You Are Not Alone
Coming forward after a sexual assault takes courage. Survivors often worry they won’t be believed, that they will be blamed, or that nothing will change. But taking legal action can be a powerful step in the healing process. It sends a message: What happened to me matters. I will not be silenced.
At Kherkher Garcia, we are proud to stand with survivors. We have decades of experience handling complex, high-stakes civil litigation, and we bring the same aggressive, determined approach to sexual assault cases while always prioritizing our clients’ well-being and privacy.
Frequently Asked Questions
Q: Do I have to press criminal charges to file a civil lawsuit?
A: No. You can pursue a civil claim even if the perpetrator was never charged or convicted. The civil legal system is separate from the criminal system and has a lower burden of proof.
Q: What if the assault happened a long time ago?
A: You may still have legal options, especially if you were a child at the time. Texas law gives survivors of childhood sexual abuse extended time to file a lawsuit. Speak to a lawyer to determine your eligibility.
Q: What kind of compensation can I recover?
A: Victims may be entitled to compensation for medical bills, therapy, lost wages, pain and suffering, and more. In some cases, courts may also award punitive damages to punish the offender or negligent third parties.
Q: Will my identity be protected?
A: Yes. We handle all communications with the utmost discretion and confidentiality. In some cases, we can petition the court to allow you to proceed anonymously.
Contact Kherkher Garcia Today
If you or someone you love has survived sexual assault, we are here to help you pursue justice with strength, compassion, and determination. Our experienced sexual assault lawyers understand the trauma that survivors face and we are committed to helping you take back control and hold wrongdoers accountable.
Call us today at 713-333-1030 for a free, confidential consultation. You can also complete our online contact form to learn more about how we fight for survivors’ rights.
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