Can Sexual Assault Victims Sue?

Across the country, sexual assault is downright illegal. In Texas, it can be charged as sexual assault or aggravated sexual assault depending on the facts of the case. But what classifies as sexual assault? In Texas, it essentially means rape (anal or vaginal) or forcing someone to perform oral sex. It becomes “aggravated” when the act causes the victim to suffer serious bodily injuries or death.

Sexual assault is not to be taken lightly. According to Rape, Abuse & Incest National Network (RAINN), sexual assault can cause victims to experience depression, flashbacks, and Post-Traumatic Stress Disorder. It can also lead to self-harm, sexually transmitted diseases, substance abuse, dissociation, eating disorders, unwanted pregnancy, sleep disorders, and suicide.

Have You Been a Victim?

Have you been a victim of sexual assault? If so, do you have any legal recourse, any way to seek justice? What if your abuser is on the run or hasn’t been caught? You may not be aware of it, but it is highly possible that you may be able to file a personal injury claim, even if the perpetrator is in jail or prison, or on the loose.

You see, in many situations victims of sexual assault can file a personal injury lawsuit. But who is responsible? It depends on the facts of the case. Often, the lawsuit is filed against the property owner’s or lessee’s insurance policy where the attack occurred. This usually makes the most sense, especially if the attacker has not been caught or if he is incarcerated for the crime, but does not have personal assets to pay the victim.

Examples of legal liability in a sexual assault case:

  • A woman is raped by her boss at work, so the employer can be held liable. But, if the boss has significant assets, he may be sued too.
  • A woman is attacked in the dark parking lot at a nightclub. In this case, the nightclub can be held liable.
  • A college student is sexually assaulted in a college dorm. The lawsuit may be filed against the dorm.
  • A teenage girl is working late at a donut shop and she is raped by a customer. The employer can be held liable.

If you are a victim of sexual assault, you may have grounds to file a claim for compensation. A personal injury claim may compensate you for your medical bills, lost income and loss of future income. It may also pay you pain and suffering. To learn more, contact our Plano personal injury firm today.

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