If you or someone you love is a sexual assault survivor, you are undoubtedly hurt, scared, and anxious about what to do now. Depending on the circumstances, you may be fearful for your life or the negative consequences that may inevitably come after surviving an assault.

While you may feel helpless in the immediate aftermath, you should know that you have legal rights and options on your road to recovery. We put together this Texas sexual assault victim guide in the hopes it will help even just one sexual assault victim feel less overwhelmed about what steps to take after surviving such a traumatic and horrific experience. 

Texas Sexual Assault Victim Guide

While every situation is incredibly unique, and specific steps may or may not apply to you, here are five steps to consider taking after a sexual assault. 

Seek Immediate Medical Assistance

First and foremost, you should receive immediate medical care at your local emergency room to have any wounds cleaned and cared for, receive preventative treatments, and ensure you do not have any underlying injuries that are not immediately apparent. This is also essential in preserving any potential evidence that may be needed later for a criminal prosecution or civil proceeding. There are several organizations, including the Voice of Hope, that you can reach out to to request accompaniment to the hospital so that you do not have to go alone and frightened. 

Your doctor may advise you to seek additional or follow-up treatment, which you should do to avoid worsening your injuries. 

Report to Law Enforcement

If you did not call 911 at the time or immediately after the assault, you should call the police or visit your local police department to report the assault and document what happened. Whether you know your attacker or not, it is crucial to make a police report so they can pursue and, hopefully, arrest the perpetrator. 

Preserve Evidence

While this step may come before or after seeking medical attention and reporting to the police, it is nonetheless important to be aware of. Try not to shower, bathe, or otherwise discard potential evidence. Brushing your teeth, washing your hands, or throwing away your clothes may be removing crucial evidence. Once at the hospital or the police station, they will assist you in collecting and preserving potential evidence. 

Seek Support

Whether you need physical, mental, or emotional support, contacting the Texas Association Against Sexual Assault (TAASA) Crisis Center or other local resources can be invaluable to getting the help you need. Doing so may be especially important if you are in a relationship or situation in which you are repeatedly assaulted. These centers and associations are knowledgeable and trained volunteers and professionals who can help guide you.

Consult an Attorney

The very nature of sexual assault often leaves victims feeling defeated and helpless, but you do have legal rights and options. Once you are able, you should consult with an experienced and compassionate attorney. Learning about your options and how to proceed can be empowering and an important part of your recovery. Contact Grossman Law Offices to schedule a confidential consultation with one of our caring and skilled attorneys.

Legal Considerations to Keep in Mind

While navigating the next steps you should take after surviving a sexual assault, it is essential to keep a few legal considerations in mind.

Criminal vs. Civil Cases

A sexual assault can lead to both a criminal and civil trial or just one. A criminal trial consists of the State prosecuting the defendant for the crime. The purpose is to seek justice for the victim while punishing the defendant and removing him from society upon conviction. The prosecutor must prove beyond a reasonable doubt that the defendant is guilty of committing the sexual assault. 

A civil case is another avenue of justice for the victim and can exist on its own or proceed before, during, or after a criminal trial. In a civil trial, the victim pursues monetary damages from the defendant by proving that, more likely than not, the defendant committed the assault. It is a lower standard than the criminal burden of proof. 

By consulting an experienced attorney, you can learn about your options for pursuing civil damages. Sometimes, waiting until after a criminal conviction can bolster your case. 

Statutes of Limitations in Texas Sexual Assault Cases

Generally, Texas allows for a relatively generous amount of time to pursue criminal or civil sexual assault care. Separate statutes of limitations exist in criminal and civil contexts. In both instances, the timeframe for initiating a legal proceeding for sexual assault is longer than other types of conduct to allow victims enough time to come forward.

In Texas, if the victim is an adult, they typically have up to five years from the date of the assault to file a civil lawsuit. However, if the victim is a child, they may have as long as 30 years to initiate a claim. 

In the criminal context, the State must file charges within 20 years of the date of the assault. However, there are exceptions. For instance, if DNA evidence has not been submitted for forensic testing or has been but no identifiable match, there is no statute of limitations, and the State can proceed at any time. 

Texas Attorneys Helping Sexual Assault Victims

At Grossman Law Offices, for over a decade, we have been recognized as one of Texas’ top lawyers by Thomas Reuters because of our compassionate and zealous representation. Contact us today to schedule a confidential and empathetic consultation.