Austin Sexual Assault Lawyer
Have you been the victim of sexual assault in Austin, Texas?
Contact Lorenz & Lorenz, LLP for immediate assistance. Our experienced Austin sexual assault lawyers will help you get the justice you deserve.
We offer a free initial case evaluation, so contact our law office in Austin to schedule yours today.
How Lorenz & Lorenz, LLP, Can Help You If You’re Sexually Assaulted in Austin, TX
Texas is ranked the 15th most dangerous state for sexual assault in the U.S.
According to FBI crime statistics, Texas has a rate of 55.2 sexual assaults and rapes and per 100k people.
If you’ve been sexually assaulted, you could potentially recover compensation from your attacker and/or other parties.
If you or a loved one have been sexually assaulted in Austin, Texas, it is important to speak with an experienced sexual assault personal injury lawyer as soon as you can. Victims of sexual assault are often embarrassed and hesitant to share their story, but that should never be the case.
Our experienced sexual assault lawyers will listen to your story, and help you navigate the often overwhelming process of filing a lawsuit against the perpetrator. Our lawyers have been fighting on behalf of sexual assault victims in Austin, Texas for years.
Navigating the process of filing a lawsuit can be daunting, especially when the matter is so emotionally charged. When you hire a sexual assault lawyer with Lorenz & Lorenz, LLP, you’re not only hiring someone to fight for justice for you and build the strongest case possible against your accuser, but you’re also hiring someone who can offer insight and guidance on a process that he or she has been through hundreds of times before.
We know that your world has just been turned upside down and you likely have unanswered questions. That’s why we offer consultations free of charge. Sexual assault victims are among the most vulnerable clients we see. With skill, compassion, and diligence, we will aggressively fight for justice for you.
What is Sexual Assault?
In Texas, sexual assault, commonly known as rape, occurs when the accused intentionally and knowingly commits a prohibited sexual activity involving penetration listed under Texas’s sexual assault law without the victim’s consent. “Lack of consent” can include physical force, threats of violence, coercion, drugging, a minor or an incapacitated victim, and even manipulation.
Prohibited sexual activities include:
- Intercourse and penetration without consent;
- Sexual abuse of someone who cannot give consent due to disability or mental capacity;
- Intercourse, penetration or sexual contact with a minor;
- Forcible and violent intercourse, penetration or sexual contact, even with consent; and
- Coercive sexual acts.
A “child” means a person younger than 17 years of age. “Disabled individual” means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self. “Elderly individual” means a person 65 years of age or older.
Civil Liability in Sexual Assault Cases
While sexual assault is generally prosecuted criminally, civil actions may be appropriate as well when there are additional parties responsible for the incident. Many victims do not realize that even if a criminal trial has resulted in a not guilty verdict or the accused has otherwise not been convicted criminally, a civil lawsuit can proceed and may have different results. The burden of proof in a civil case is different from a criminal case, and different evidence is also admitted.
Additionally, the attacker may not be the only person that you can hold responsible. Recovering damages from third parties may be appropriate in situations where the sexual assault happened on property owned by a third party or company, occurred at work, occurred at a public place, or where security should have been present.
While “sexual assault” claims are not generally recognized in the civil law context, typical claims made for sexual assault are based on assault, premises liability, negligence, and the intentional infliction of emotional distress. The damages recoverable in civil sexual assault cases may include typical personal injury damages (exemplary or punitive).
Common public places where an expectation of security exists can include medical facility, school, or church. When you discuss the particular facts of your case with the experienced attorneys at Lorenz & Lorenz, LLP, our team of skilled attorneys will identify all culpable parties and seek to hold them accountable.
Steps to Take If You’ve Been the Victim of Sexual Assault
If you’ve been the victim of sexual assault, there are steps you can take now to preserve evidence needed in your case. Many times, after the crime scene has been cleared or the sexual assault incident is over, valuable evidence is lost forever. Here are the steps you can take:
- Take photos of the scene of the assault if possible
- Take photos of your injuries if possible
- Report your injury to the property owner (if in a public place or property owned by a third party)
- Make a written report of the injury
- Seek medical treatment immediately
- Gather evidence from witnesses
- Seek the advice of a skilled sexual assault lawyer.
Taking any or all of the above steps will greatly assist in proving your case; however, rest assured that your claim may still succeed even if you are unable to do so. We understand that this is likely one of the most traumatic and stressful events of your life. The experienced attorneys at Lorenz & Lorenz, LLP will gather the information needed to build the strongest case against your accuser.
Statute of Limitations for Filing a Sexual Assault Claim in Austin, Texas
Most personal injury lawsuits in Texas are subject to a strict two-year statute of limitations. In 2015, however, the state lengthened the amount of time victims of sexual assault have to file a civil claim. The statute of limitaitons for sexual assault lawsuits is now five years. The five-year period begins to run on the date that the sexual assault occurred.
The most common example where the statute of limitations is extended in the sexual assault context are for claims relating to the sexual assault of a minor. Minors have 15 years from the date of their 18th birthday to bring a claim against their attacker.
If you believe that you have a civil sexual assault claim, you should consult an experienced attorney immediately to ensure that your claim is within the statute of limitations. Your failure to do so could result in the loss of your right to seek justice against your accuser, and inability to seek compensation for your injuries.
How Our Lawyers Can Help You If You’ve Been the Victim of Sexual Assault in Austin, Texas
While sexual assault is a crime and is often criminally prosecuted, the burden of proof in criminal court is “beyond a reasonable doubt.” For this reason, certain cases are sometimes more successfully prosecuted in civil court. Even if the perpetrator is convicted in criminal court, you may still be able to sue them in civil court for compensation, which could include:
- Medical expenses related to treatment;
- Psychological trauma;
- Loss of employment or wages;
- Emotional counseling; and
- Any other damages caused by the assault.
Our experienced Austin injury lawyers will analyze the facts and evidence particular to your case to identify what course of action is most likely to be successful.
Our team will gather evidence, utilize experts, medical professionals, witnesses, and more to build the strongest case for you. Your lawyer will work tirelessly to hold your abuser accountable.
Damages Available in A Civil Sexual Assault Lawsuit
The victim of sexual assault may seek compensation from the responsible party, owner of the property where the sexual assault occurred, or employer. Actual damages consist of medical expenses and the cost of future rehabilitative care, loss of wages (both current and future), and other costs that can be proven that were incurred as a result of your injury.
The victim may also be entitled to recover for non-economic damages such as pain and suffering and mental anguish. If you’ve been the victim of sexual assault, you should consult the experienced attorneys at Lorenz & Lorenz, LLP. The talented sexual assault lawyers at Lorenz & Lorenz, LLP have successfully represented thousands of accident victims, and know exactly how to seek maximum compensation against the perpetrator.
Schedule a Free Consultation With Our Austin Sexual Assault Lawyers
Sexual assault is devastating to its victims. The emotional and physical injuries that result from sexual assault can last a lifetime. While holding your accuser accountable won’t erase the past, it is a crucial step in the recovery process. When you’ve been a victim of sexual assault, the sooner you contact an experienced lawyer, the sooner we can begin working to build the strongest possible case for you.
At Lorenz & Lorenz, LLP, we approach each case with vigor and dedication.
When you hire Lorenz & Lorenz, LLP, here’s what you’ll get:
- A team of lawyers whose practices are dedicated exclusively to personal injury;
- Years of combined experience assisting victims of sexual assault in Austin, Texas;
- Hundreds of successful cases; and
- Five-star reviews from over 130 clients.
If you are ready to learn more about how we can help you, call our Travis County law firm now at 1-800-TELL-TED. We welcome the opportunity to assist you during this challenging time.