Broadly, sexual abuse is any non-consensual sexual act committed by an individual against another. It can encompass many different types of conduct and crimes.

Understanding what sexual abuse is can help you better understand your rights and options to seek justice and hold perpetrators accountable. Let’s take a closer look at defining sexual abuse under the law and what it means for survivors and their loved ones. 

Defining Sexual Abuse Under Texas Law

Under Texas law, sexual abuse is any unwanted, nonconsensual sexual act done by one person against another. It includes various types of behavior, all with different elements and specific actions. However, the most essential element common to all sexual abuse allegations is lack of consent. Lack of consent means that the conduct is unwanted and not agreed to by one of the parties. Lack of consent can take several forms, including:

• The victim does not wish for the conduct to occur,
• The victim is involuntarily drugged or otherwise intoxicated and is therefore unable to consent,
• The victim is a child, or
• The victim is cognitively unable to consent (e.g., mentally ill).

In certain situations, a person can initially consent to a sexual act but then choose to withdraw consent. The withdrawal must be explicit.

What Crimes Are Considered Sexual Abuse? 

In Texas, different types of sex crimes are considered sexual abuse.

Sexual Assault

Sexual assault or rape includes the penetration of the vagina, anus, or mouth of a person without their consent, sexual abuse of someone mentally incapacitated or disabled, sexual acts against a child, and violent or coercive sexual acts. It is one of the most serious forms of sexual abuse.

Sexual Coercion

Under the Texas sexual coercion statute, it is illegal to obtain sex, sexual visual material, or money through a threat or promise not to commit a crime against that individual. Think blackmail or romantic schemes, scams, or cons. 

Continuous Sexual Abuse of a Child

Under Texas law, one of the most severe and horrific sexual abuse crimes is the continuous sexual abuse of a young child or children. It involves at least two or more acts of sexual abuse committed against a child or children within 30 days or more. The perpetrator must be 17 or older, and the victim must be 13 or younger. 

It can be an array of abuse, including:

• Sexual performance by a child,
• Sexual assault or rape of a child,
• Aggravated sexual assault of a child, and
• Indecent contact with a child. 

If you or someone you love is a survivor of any of these forms of sexual abuse, you have options to take your life back and hold your abuser accountable.

Criminal and Civil Recourse

Sexual abuse allegations have legal recourse in both criminal and civil contexts. 

The State of Texas, through a prosecutor, can bring criminal charges against your abuser. Additionally, whether or not the abuser is held criminally liable, you can seek civil liability through a lawsuit. Unlike a criminal trial in which the prosecutor must prove beyond a reasonable doubt that the defendant is guilty, in a civil trial, the plaintiff-survivor must only prove that the abuse occurred by a preponderance of the evidence. 

An experienced civil litigation lawyer can assess your case and help you understand your options for pursuing civil damages. 

Sexual Abuse Claim Time Limits

Like most jurisdictions, Texas has a statute of limitations or deadline for initiating criminal or civil legal proceedings. For an adult sexual abuse survivor, that can be as little as five years from the date of the assault, and for a child, it can be as long as 30 years from their 18th birthday. Some exceptions can lengthen or shorten the time and circumstances that can toll or pause the clock. Meeting with a seasoned attorney will ensure you preserve your rights.

Damages for Sexual Abuse Civil Claims

Sexual abuse survivors can seek damages against their abuser or any person or entity that should have known and reasonably prevented the abuse from occurring. Examples of damages you might be able to recover include:

• Past and future medical expenses,
• Therapy costs,
• Rehabilitation,
• Pain and suffering,
• Scarring or disfigurement,
• Loss of enjoyment of life, 
• Loss of companionship and support, and 
• Lost wages and earning capacity.

In certain instances of especially egregious abuse, a plaintiff may be eligible for punitive damages to punish the defendant and deter others from engaging in similar behavior. 

Texas Civil Sexual Abuse Attorneys

At Grossman Law Offices, we take a compassionate yet aggressive approach to representing sexual abuse survivors. You have a right to seek justice and compensation for the harm you endured. We have over 30 years of knowledge and experience with the Texas legal system. Let us put our skills to work for you. Contact us today for a free, confidential consultation.