Are you wondering how long you have to take legal action after a sexual assault in Hays County? At The Law Office of Case J. Darwin Inc., we can explain your rights and the time limits that apply to your case. We can also guide you through the legal process and work with you to hold the responsible party accountable. Contact us today for a free initial consultation to discuss your case and get the support you need.
What Does It Mean to “Press Charges”?
Many people assume the phrase “pressing charges” describes a victim filing criminal charges against someone who committed a crime. It comes up frequently in conversations, movies, TV shows, and news reports. However, despite what popular media might suggest, victims do not have the power to directly bring or “press” criminal charges against offenders. Victims can report crimes, but the authority to file charges lies exclusively with prosecutors, not individuals.
A victim’s testimony can be an important part of the evidence in a criminal case, but it’s not the sole factor. Prosecutors look at the overall strength of the evidence to assess whether it supports the charges and aligns with the law. Prosecutors can choose not to bring charges even if there seems to be enough evidence. This might happen if they believe there are issues with the case that could prevent a conviction, such as unreliable witnesses or a lack of resources to pursue the case.
While victims can provide input and express their desires, they don’t have the final say in whether prosecutors pursue charges. Prosecutors weigh the victim’s wishes, but their decision ultimately focuses on the evidence and the public interest in prosecuting an alleged crime. That said, victims can file civil charges against criminals whose actions caused them harm.
The Differences Between Criminal and Civil Sexual Assault Cases
Criminal and civil sexual assault cases differ in several key ways. In criminal cases, the government, represented by a prosecutor, charges the defendant with a crime. The goal in criminal cases is to punish the defendant for breaking the law. If the defendant is found guilty, they can face penalties like prison time, fines, or probation. The burden of proof in criminal cases is high—prosecutors must prove “beyond a reasonable doubt” that the defendant committed the crime to secure a conviction.
In civil cases, the survivor of sexual assault can file a lawsuit against the defendant. The goal of a civil lawsuit is to seek financial compensation for the harm the survivor experienced. Civil cases focus on holding the defendant financially responsible rather than seeking punishment. The burden of proof is lower in civil cases. Survivors only need to show that a defendant is “more likely than not” responsible for the alleged harm. This means it’s easier to win a civil case than a criminal one.
It’s worth noting that survivors can file civil cases even if prosecutors decide not to pursue criminal charges for the same incident. Additionally, the outcome of a survivors’ civil lawsuit does not depend on whether or not the defendant is convicted in a criminal trial.
The Time Limit for Filing Civil Sexual Assault Cases in Texas
In Texas, the time limit for filing a sexual assault claim depends on the circumstances. For cases involving sexual assault or other sex crimes against a child, the child has up to 30 years to file a civil lawsuit. For adult victims of sexual assault, the time limit is shorter. You have five years to file a lawsuit if you experience sexual assault, aggravated sexual assault, trafficking, or other related offenses.
These time limits start from the day when the sexual assault occurs. However, in cases where the defendant’s identity is unknown, the time limit can be suspended if the survivor files a lawsuit naming the defendant as “John or Jane Doe.” If the survivor ever learns the defendant’s identity, they must update their lawsuit within 30 days, after which the time limit begins running out again.
Protecting Your Legal Rights If You Were Sexually Assaulted
If you were recently sexually assaulted, one of the most important steps you can take to protect your rights is to seek medical attention as soon as possible. A doctor can treat any injuries and perform a forensic exam to collect evidence, which could be crucial if you decide to pursue legal action. As soon as possible, document everything you remember about the incident, including details about the assailant, location, and time. If you have any related evidence, such as clothing, photos, or communications, keep those safe. If you wish, you can also report the assault to law enforcement, which could prompt an investigation that leads to criminal charges. Finally, consider consulting an attorney to explore your options for filing a civil lawsuit.
If the assault happened long ago, you should still gather any available evidence, including documents or communication records, that could support your case. An attorney can help you determine whether you are still within the time limit for filing a civil lawsuit. Additionally, whether the assault happened recently or years ago, emotional support is essential. You should talk to a counselor, advocate, or trusted person to help you through the healing process. You can also consult a survivors’ attorney to protect your legal rights and explore your options.
How a Sexual Assault Survivors’ Advocate Can Help
A sexual assault survivors’ attorney can offer the support and guidance you need during an overwhelming time. They can help you explore your legal options, including whether you want to pursue a civil lawsuit or refer your case to a Hays County prosecutor. Your attorney can also handle the process of gathering evidence, filing paperwork, and meeting any important deadlines for your case. Your lawyer will stand by your side and provide compassionate guidance so you don’t have to face the legal process alone. They know that this is an emotional and difficult journey and will respect your needs and decisions every step of the way.
Contact a Sex Crime Litigation Attorney Now
If you have questions about your legal rights after being sexually assaulted, reach out to The Law Office of Case J. Darwin Inc. for a free case review. We are here to help you explore your options and take the next steps toward justice.
