Houston, Texas, has one of the highest violent crime rates in the United States.
According to the Federal Bureau of Investigation (FBI)’s Crime Data Explorer, the violent crime rate in Houston stands at 1,142 crimes per 100,000 people. That’s 164.3% higher than the entire state of Texas and 208.8% higher than the countrywide average.
Due to Houston’s high prevalence of violent crimes, it’s unsurprising that sexual assault cases are equally rampant in the city. In 2021, the Texas Department of Public Safety (TX DPS) recorded 3,779 sexual assaults in Harris County, the county under whose jurisdiction Houston falls.
If you’ve been sexually assaulted, it’s important to understand your legal rights and options. We’ve prepared a comprehensive guide on the steps to take while filing a sexual assault claim in Houston.
1. Contact a Lawyer
The first step after you’ve been sexually assaulted is to contact Houston sexual assault lawyers. Disclose every critical detail related to the case, including the type and location of the sexual offense.
What if you don’t already have an attorney on speed dial? Well, there’s no need to fret.
Simply head to the Texas State Bar Association and you’ll be sure to find the best legal representation.
Insist on a lawyer who specializes in sexual assault litigations. Besides, establish the law firm’s experience by sampling online reviews and contacting their referrals.
After honing in on a competent Houston sexual assault attorney, there are other pertinent issues to settle before finally contracting them.
For instance, you’ll need to agree on a favorable payment model. If it’s a large law firm, it’s important to know the specific attorney or legal team assigned to your case.
2. Define the Type of Offense
Sexual assaults differ considerably in type and severity. Common ones include;
- Inappropriate touching
- Attempted rape
- Actual rape
- Engaging in sexual activity with a minor
- Engaging in sexual activity with someone who’s incapacitated by alcohol or drugs
Understanding the nature of a sexual assault is critical in managing your expectations.
For instance, your attorney may pursue compensation in addition to obtaining a restraining order in the case of attempted rape. But where actual rape occurred, the primary objective would be to get the perpetrator behind bars.
3. Understand the Severity of the Offense
Besides the nature of a sexual assault, the offense’s severity also impacts the outcome of the ensuing litigation.
In Houston, Texas, sexual offenses fall into three levels. They include;
a. Third-degree Felony
Offenses that involve minor physical contact and cause no injuries to the victim constitute third-degree felonies. Examples include inappropriate touching and online solicitations.
Although these crimes typically attract lenient penalties, your lawyer can argue for maximum compensation, especially for repeat offenses.
b. Second-degree Felony
Sexual assaults classified under second-degree offenses involve the use of threats or the presence of a weapon.
Usually, it doesn’t matter if a weapon was actually used to inflict injuries during the assault.
c. First-degree Felony
Also known as aggravated sexual assault, first-degree felonies are the most severe types of sexual offenses in Houston, Texas.
Crimes often include wounding or maiming of the victim.
4. Know the Statute Of Limitations
The statute of limitations for sexual assaults in Houston depends on the victim’s age and the nature of the assault.
Adult victims generally have ten years from the date of the occurrence to file a criminal sexual assault lawsuit and five years for a civil suit. For minors under 17 years, the statute of limitations is 20 years from the victim’s 18th birthday.
However, serious offenses targeted at minors, such as first-degree assault, have no statute of limitations.
It’s in your best interest to file a sexual assault case immediately. But if it happens that the crime happened years ago, your attorney’s expertise will be invaluable in helping to interpret the applicable statute of limitations.
5. Gather Evidence
Evidence is the cornerstone of sexual assault claims.
First, your attorney will secure forensic evidence. These are essentially medical records detailing traces of the perpetrator’s DNA in your body, including semen, saliva, blood, fingerprints, and hair.
Your lawyer will then secure any witness testimonies.
Not all sexual assaults occur privately. Some leave behind witnesses who are willing to testify.
Other critical pieces of evidence in sexual assault cases include police reports, impression evidence (like shoeprints and tire tracks), video footage, and toolmarks (for offenses involving weapons).
6. File a Lawsuit
With all vital evidence secured, your attorney will proceed to file a sexual assault lawsuit.
The suit will preferably be filed in a Houston federal court of competent jurisdiction – a court that typically prosecutes sexual cases.
While filing a lawsuit on your behalf, your attorney will carefully articulate the type of offense and damage caused to the victim.
They’ll then serve a copy of the complaint to the defendant and await their response.
7. Pursue Settlement
Depending on the nature of the assault, your Houston sex offense lawyer may consider negotiating a financial settlement with the defendant. The attorney will dangle several facts to guarantee maximum compensation.
First, they’ll cite the extent of physical injuries and emotional trauma you suffered from the ordeal.
If the other party is unwilling to budge, your lawyer may confront them with the weight of the evidence and the potential for winning the case if it proceeds to full trial.
The presence of compelling evidence will certainly persuade any sexual assault defendant to consider an out-of-court settlement.
8. Go To Trial
If no agreement is reached, the matter will inevitably proceed to full trial.
Right before the trial, both legal counsels will exchange vital information relevant to the case.
This is known as the discovery phase. It enables both parties to familiarize themselves with the evidence that their opposing counsels possess, including forensic evidence and witness statements.
At trial, your Houston sexual assault lawyer will passionately articulate your case to the presiding judge or jury. They’ll adduce available evidence, cross-examine witnesses, and challenge the opposing counsel’s theory with a view to having the matter decided in your favor.
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Accelerating Access to Justice for Sexual Assault Victims
Sexual assault can leave an indelible mark on the victim’s psychological health. Due to the sensitive nature of these crimes, swift action is paramount in holding the perpetrators accountable for their offenses.
Following the above steps can accelerate your quest for justice and expedite the healing process after a sexual assault.
Remember, the most important step is to contact a Houston sexual assault lawyer immediately. Bringing the attorney up to speed on the facts of your case will enable them to develop a robust legal strategy, ensuring you receive maximum compensation while the perpetrator possibly spends the rest of their life behind bars.
