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Dallas Lawyers Representing Sexual Assault Survivors

Representing Sexual Assault Victims in Dallas

When a person is sexually assaulted, they suffer not only personal injury, but emotional trauma, as well. It is common for rape or sexual assault victims to be afraid of reporting their attack. This may be due to the reputation they could receive, or because they are afraid of what their assailant might do.

However, by hiring an experienced Dallas sexual assault lawyer, you could report your assault and fight for compensation under the safety of an attorney/client privilege. This means that anything you say to your attorney cannot be repeated or shared with any other party. It is also important to note that the longer you wait, the less likely it will become for you to hold your assailant responsible and get the justice and compensation you deserve, so act quickly. In the state of Texas, the statute of limitations on filing a sexual assault claim as an adult is five years from the date of the crime. For victims under the age of 18, the statute of limitations is 10 to 20 years from the date of their 18th birthday depending on the circumstances.

The Lenahan Law Firm can provide the strong and compassionate representation you need right now. Our legal team believes that victims of sexual assault should not have to pay for the actions of their assailants. We provide free, confidential consultations for victims to discuss their cases and learn how to get compensation in a civil claim. If you need representation in a personal injury claim, we encourage you to reach out to us at (214) 295-1008. We work on a contingency fee basis – you do not have to pay us unless we win you compensation.

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Understanding the Scope of a Sexual Assault

When most people think of sexual assault or rape, they assume that one person is being forced into sexual activity against their will. It is also common for people to assume that, once a person verbally agrees to engage in sexual activity, the act can no longer be considered sexual assault. This is not always true.

Even if a person consents to sexual activity, the act can still be considered rape if the person was threatened verbally or physical in order to force them to "consent," or if he or she was intoxicated at the time of consent. That's right: consent to sexual activity from an intoxicated person is not recognized as valid according to the law. If you or someone you love has been raped, don't hesitate another moment to get the skilled and aggressive representation of an attorney.

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You May Be Entitled to Compensation

One of the biggest reasons why victims of sexual assault do not come forward about their assailants is the limits of the criminal justice system. While our courts can allow victims to receive protective orders and may pursue hefty penalties against assailants, there are numerous stories of assailants receiving minor punishments. In addition, a criminal court is only focused on punishing the assailant’s actions, not compensating victims for their trauma and injuries. Reporting an assailant’s actions to the police and pursuing criminal charges is important, but victims do have the option of pursuing civil claims as well.

Civil claims, like personal injury claims, are designed to compensate victims who have been injured by other parties, whether they acted intentionally or negligently. In the case of sexual assault, a victim can demand compensation for the physical and emotional trauma of an attack. This can allow you to recover compensation for:

  • All past and future medical bills
  • Lost wages if you had to take time off work
  • Lost earning potential if you had to leave a job or change careers
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

A key difference between criminal and civil cases is the concept of proof. For an assailant to be punished in a criminal case, a prosecutor must show that they are guilty “beyond a reasonable doubt.” However, with civil cases, a victim’s attorney only needs to show a “preponderance of evidence” that the crime occurred, or at least 51% of the evidence supports the case. This means that a victim can recover compensation so long as their attorney proves that the assailant holds at least 51% fault for your injuries.

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Filing a Third-Party Claim

In some cases, a victim may also be able to file a claim against a third-party for allowing the assault to occur. This includes situations that involve children, such as assaults that occur at daycares, as well as nursing home abuse inflicted by facility staff. In both cases, the facility’s management are responsible for protecting residents and children from criminal actions, which includes running thorough background checks on employees. If a facility reasonably should have been aware that an assault could occur, then it should have acted immediately to protect residents.

This is referred to as a negligent security claim, which applies when a property owner reasonable should have been aware that a crime could occur, but did not take proper steps to protect guests or residents. This can apply to hotels, apartment buildings, stores, and university dorms or housing. Property owners should pay close attention to local crime rates and violent crime reports and provide the necessary security to keep everyone on the property safe. If a sexual assault occurred due to a lack of security on private or public property, then a victim may have a negligent security claim.

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Speak to a Compassionate Attorney

At Lenahan Law Firm, we understand that you may very well be going through one of the most terrible and painful times in your life. We are here for you if you have been the victim of a crime. Because our firm focuses solely on those who have suffered severe injury, we can give you our full attention and dedication.

With a Dallas personal injury lawyer from our firm by your side, you will receive caring step-by-step guidance through your difficult legal process, as well as aggressive representation to fight for justice and the compensation you deserve. Our firm includes a team of highly knowledgeable Dallas personal injury attorneys, including Marc Lenahan, who has been chosen to serve as the 2013 President-Elect for the National Crime Victim Bar Association. Call the Lenahan Law Firm at (214) 295-1008 today to get a free, confidential consultation with our legal team.

Don't hesitate to reach out to our firm so we can get the process started in evaluating your case.

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