Survivors of sexual assault deserve justice. Sexual assault can have lasting physical and emotional damage. If you or a loved one are a victim of sexual assault, it’s crucial that you understand your rights and interests. You may have the right to file a lawsuit in civil court to hold the party or parties whose negligence caused your injuries liable for your damages.
Too many victims of sexual abuse carry the burden of shame and guilt. The attorneys at Rochelle McCullough know how to protect the rights of victims of sexual assault. With the help of an experienced sexual abuse lawyer, you can hold your abuser accountable and make them pay for their crimes. Contact Rochelle McCullough today to schedule a free case evaluation.
The Difference Between a Criminal and Civil Sexual Assault Case In Texas
Individuals victimized by a sexual assault have a right to pursue compensation through a civil lawsuit. If the perpetrator of the sexual assault in your case was caught, they should face criminal charges. If they are found guilty or plead guilty, they will be convicted of sexual assault. Regardless of whether or not the perpetrator has been found guilty, the victim can still pursue compensation through a civil lawsuit in Texas. Even if the perpetrator in your case did not face criminal charges, you could still pursue a civil case against him or her.
You don’t need to wait for the criminal case’s results to begin pursuing civil action. Exploring your options can help ensure you have enough time to thoroughly investigate and build your case. Reaching out to an attorney can help you ensure you protect your rights is crucial. At Rochelle McCullough, we represent clients who’ve survived all of the following types of sexual assault in civil lawsuits:
- Forced penetration with an object
- Forced sodomy
- Sexual violence
- Sexual abuse
- Any sexual contact without consent
Civil Courts Focus on Victim’s Recovery
Pursuing a civil lawsuit ensures the victim receives some measure of closure and financial recovery for his or her suffering. Victims can pursue a civil lawsuit to help them recover damages related to their injuries from the assault. The burden of proof in a civil lawsuit is not as difficult as in a criminal lawsuit. As a result, victims cannot often obtain compensation in a civil lawsuit when a defendant wasn’t convicted in a criminal trial because of a lack of evidence.
Proving Liability in a Texas Sexual Assault Case
Building a civil lawsuit involves investigating and gathering evidence. At Rochelle McCullough, we also focus on supporting our clients and shielding them from additional trauma and stress whenever possible. We will provide open communication with you so you can address your concerns. If you feel overwhelmed, we will take over elements of the process and ensure you understand where your case is going.
Identifying Liable Parties
After the initial investigation, we will identify any liable party or parties. There may be other liable parties in addition to the person who assaulted you. For example, suppose the assault happened at work, school, or in another place of business. In that case, you may be able to pursue compensation from the property owner, manager, or municipality who was responsible. You may not realize that multiple parties can be held liable for the trauma you’ve endured. Our legal team will investigate and analyze all the options, ensuring that you file a claim against all liable parties before the statute of limitations expires.
Damages Available In a Texas Civil Sexual Assault Case
Every civil lawsuit is unique, and the circumstances of every instance of sexual assault are different. When you work with Rochelle McCullough, you can rest assured that we won’t let your experience be belittled or reduced. Our empathetic attorneys will work with you and your support system to learn how this has affected you while pursuing the financial damages you deserve. Some of the recoverable damages in a civil sexual assault lawsuit may include the following:
- Past and future medical care costs
- Therapy expenses
- Lost wages
- Emotional damages
- Pain and suffering
- Mental anguish
Determining possible financial recovery after a sexual assault may be difficult. Doing so involves going over the traumatic experience you’ve suffered. The team of compassionate attorneys at Rochelle McCullough will remain mindful and sensitive to your trauma while we work to obtain the full and fair amount of damages you deserve.
Recovering Compensation for Mental Health Services
After surviving a sexual assault, healing from your psychological injuries may be a long process. Survivors of sexual assault should have all the financial resources they need to go through the process to receive closure and treatment for the mental and emotional trauma they’ve suffered. In a civil sexual assault lawsuit, you can pursue financial recovery to help you pay expenses related to the treatment of:
- Post-traumatic stress disorder (PTSD)
- Related mental health conditions
Post-Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a condition that can develop as a result of experiencing a traumatic event, such as a sexual assault. When a person develops PTSD, they can experience intrusive flashbacks and memories of the traumatic event. They can also engage in avoidance behaviors and have difficulty functioning daily.
If you’ve been diagnosed with PTSD, it may be a direct result of the assault you survived. The attorneys at Rochelle McCullough know how to effectively utilize medical evidence and expert testimony to highlight the mental health conditions you developed due to the sexual assault so we can pursue financial recovery for their cost.
Discuss Your Case with an Experienced Sexual Assault Attorney
Discussing a traumatic event like a sexual assault can be emotionally challenging. The attorneys at Rochelle McCullough understand how difficult the process can be for survivors. Our empathetic attorneys will work with you to help you understand the legal process. During your free case evaluation, we will discuss the deadlines that apply to your case and your case’s approximate value. Contact Rochelle McCullough today to schedule a free case evaluation and learn more about your legal rights.