Sexual abuse is a criminal offense defined in Texas Penal Code § 21.01 and is punishable by law. However, sexual abuse cases are not exclusive to criminal court and can also be held in civil court, where victims can demand their financial recovery from abusers or other responsible parties. If you or a loved one was a victim of sexual abuse in Corpus Christi, you may want to consider pursuing a civil action suit.
Understanding Your Legal Options After Sexual Abuse
At D. Miller & Associates, PLLC, we understand that coming forward after experiencing sexual abuse takes immense courage. We are here to listen, to believe you, and to fight for the justice you deserve. Every survivor’s story is unique, and while no two cases are the same, there are certain legal factors that help determine how we may be able to assist you.
If you are considering legal action, the following guidelines may help clarify whether we can pursue a claim on your behalf:
- Abuse Within an Organization or Institution
We focus on cases where the abuse occurred within an institution or organization —such as a church, school, hospital, or similar setting—where the abuser used their role or position of authority to gain access to and harm the victim.
Please know: We are unable to assist with cases where the perpetrator was a family member, family friend, or neighbor, or where the abuse occurred within a workplace setting. - Survivors Who Are Currently Minors
If you are under the age of 18 today, we may be able to pursue your case no matter when or where the abuse occurred. Protecting young survivors is a priority, and we encourage you or your trusted advocate to reach out. - Adults Abused as Children
If the abuse happened during your childhood but you are now an adult, we will carefully review your situation. Your ability to file a claim may depend on the laws in your state, including the statute of limitations. We approach these cases with care, respect, and attention to your individual circumstances. - Adults Abused as Adults
If the abuse occurred while you were an adult, the timeframe for filing a claim is often limited. In most states, legal action must be taken within a specific period (commonly two years from the date of the incident), though exceptions may apply. - Childhood Physical Abuse
If you experienced physical abuse (rather than sexual abuse) as a child, the law generally allows you two years after turning 18 to pursue a claim. - Single or Repeated Incidents of Sexual Misconduct
If you experienced a single incident of sexual misconduct as an adult—such as inappropriate touching or groping—the conduct must have involved direct contact beneath clothing to meet legal criteria for a claim. If the misconduct happened multiple times or was part of a pattern, your case may still be eligible.
We know that no checklist can capture the full weight of what you’ve been through. If you are unsure whether your experience meets these guidelines, we invite you to contact us for a private, compassionate, and confidential conversation. You are not alone—and we are here to help you explore your legal options when you’re ready.
Damages You May Demand Financial Recovery for in a Texas Sexual Abuse Case
When demanding financial recovery, you must provide a list of your damages to the defendant through a demand letter. Our Corpus Christi personal injury team will review your damages to draft this letter on your behalf and send a notice of your intention to sue the defendant.
Your financial recovery will be based on your economic and non-economic damages, but other factors may affect the value of your case. For example, we may consider future damages you might experience if your sexual abuse caused long-term trauma that now affects your romantic relationships.
Alternatively, sexual abuse cases can also include punitive damages, which serve to punish the defendant to prevent similar harmful acts in the future.
Economic Damages
Economic damages include all losses that have a tangible, monetary value. Some examples include:
- Medical treatment expenses
- Reduced earning capacity
- Loss of income, both past and future losses
- Costs for psychiatric treatment and counseling
- Costs for pregnancy tests and sexually transmitted infections (STIs) tests
- Losses related to sexual exploitation (e.g., paying ransoms)
- Costs for psychiatric and other prescription medications
Evidence for your economic damages will generally involve providing financial documents, such as paychecks, receipts, invoices, and tax information.
Non-Economic Damages
Non-economic damages include all physical, emotional, and mental losses. These damages may feel more personal and do not have a readily monetary value, so we must assign value to them based on how they affect your life.
Some examples of non-economic damages include:
- Pain and suffering
- Post-traumatic stress disorder, which can involve symptoms like flashbacks, panic attacks, and insomnia
- Emotional distress, which can include depression and anxiety
- Other psychological disorders as responses to trauma, such as eating disorders, substance use addiction, and sexual dysfunctions
- Permanent disability or physical disfigurement
- Sexually transmitted infections, such as HIV/AIDS
- Self-harm ideation or attempted suicide
- Reduced quality of life
Sexual abuse is deeply traumatic for victims, and the consequences of the abuse can vary by person based on when the abuse occurred in their life, who committed the abuse, whether they received support when revealing their abuse occurred, and other interpersonal factors.
Our Legal Team Can Manage Your Sexual Abuse Case to Protect You
If you hire our sexual abuse lawyer serving Nueces County, we will do the following:
- Private investigation: We’ll conduct our own discovery process to retrieve evidence and confirm information about your case, such as which parties were involved and whether anyone might have witnessed the sexual abuse.
- Administrative services: We will prepare legal paperwork and respond to messages you receive, such as settlement offers. Additionally, if you receive phone calls or other communication attempts from the opposing party, you can refer them to your lawyer, and they will handle any statement requests. This ensures your case remains protected.
- Legal representation: Our attorneys will act as your legal advocate in various stages of litigation, not just in trial. Whether you have an opportunity to negotiate a settlement deal outside of court or must hear your case in trial, your attorney will serve as your representative and present your case as necessary.
Our team is also available to provide legal counsel whenever you have concerns. On top of that, you can watch our Facebook lives, where we answer clients’ questions.
You May Still Have Time to File Your Corpus Christi Sexual Abuse Case
Civil cases involving sexual abuse fall under personal injury or tort law, so there exists a statutory deadline for each case for it to be heard in court. This deadline varies on when the sexual abuse occurred in the victim’s life, but other factors may affect the plaintiff’s case, such as whether the defendant is a municipality.
However, in general, Texas Civil Practice and Remedies Code § 16.0045 mandates the following:
- If the sexual abuse occurred when the victim was a minor (younger than 18 years of age): The plaintiff has 30 years from the date of their sexual abuse to file a lawsuit pursuing damages.
- If the sexual abuse occurred when the victim was an adult (18 years of age or older): The plaintiff has five years from the date of their sexual assault to file a lawsuit pursuing damages.
- If the sexual abuse caused the victim to pass away from their injuries: The statutory filing period begins on the date of their death instead of the date of the sexual abuse.
Our legal team will confirm your case’s filing deadline early on in our investigation. We will take any necessary steps to legitimize your case, as a lawsuit can serve as good leverage during negotiation discussions. Know that failure to file your case on time could result in you losing your opportunity to financial recovery, as a judge may dismiss your case.
Call D. Miller & Associates, PLLC® to Have One of Our Attorneys Represent You
If you or a loved one was a victim of sexual abuse, you may qualify to file a claim or lawsuit against a responsible party and demand your financial recovery from them. A sexual abuse lawyer serving Corpus Christi from D. Miller & Associates, PLLC® can build your case and serve as your representative in court.
Call our firm today to get a free case evaluation. You’ll be able to speak with a member from our team about your case and learn more about what to expect in litigation. Our attorneys are here to support you, so don’t hesitate to begin your legal journey today.
