Houston Sexual Assault Lawyer

Why Choose Simmons and Fletcher For Your Sexual Assault Case?

Sexual assaults are some of the most damaging and violent crimes that there are—and if you or a loved one has been the victim of one, then you deserve respect, compassion, and unflinching legal support during this unspeakably difficult time. We’d like to offer you that, as well as a free case evaluation to help you understand your rights moving forward—you’ll owe us nothing unless we win your case.

For you, this is a moment for rest and healing. For us, we plan to do everything we can to fight for justice on your behalf—this fight includes negotiating with the defense team, investigating the details around your accident, interviewing potential witnesses, and determining the financial value of your suffering.

Talk to a Houston sexual assault and abuse lawyer if you are a survivor of sexual abuse or sexual assault. Sexual assault and sexual abuse cases we evaluate include:

• Rape, including statutory rape (in Texas, defined as sex with someone under the age of 17), by a person in a position of power or authority.
• Sexual abuse of a minor by a person in a position of authority or power.
• Human trafficking, a/k/a sex trafficking. The forced servitude of another human being for purposes of forced prostitution or making pornography.

Call (713) 932-0777 to be connected with an empathetic and experienced Houston sexual assault lawyer today.

What Constitutes Sexual Assault in Texas?

According to the Texas Penal Code, the sexual assault definition encompasses any type of sexual conduct that happens without the other person’s consent. Sexual assault often involves rape and other non-consensual sex acts that occur in a number of different scenarios, including the following:

• Intercourse by way of physical force or violence;
• Intercourse through the threat of force or violence;
• Intercourse with someone who has not consented, while the aggressor knows that the individual is unconscious or physically unable to resist;
• Intercourse with someone who’s not mentally fit to consent;
• Intercourse with someone who hasn’t given consent because they’re unaware the assault is occurring;
• Intercourse with someone who’s been given an impairing substance without their knowledge;
• Intercourse that’s been coerced through status (e.g., a juvenile detention guard, public servant, teacher, caregiver, or health care services provider);
• Intercourse between a clergyman and someone who regards them as a spiritual advisor.

Note that intercourse—generally meaning rape and sexual assault—may or may not include penetration. Groping, though punishable under the law, is considered indecent assault.

Indecent assault, according to the Texas Penal Code 22.012, includes actions such as pinching someone’s rear, grabbing their breast, or forcibly removing their clothing. In Texas, these actions constitute a Class A misdemeanor—and carry the possibility of up to a year in county jail and up to $4,000 in fines.

What Is the Age of Consent in Texas?

The age of consent in Texas is 17, and a “child” is defined as any person younger than 17 years of age. Therefore, someone who has engaged in sexual conduct with someone under the age of 17 in Texas may face sexual assault charges—even if the minor agreed to the act. Though there might be the possibility of leniency with regard to age (see Romeo and Juliet Law for the age of consent), it is important to note that this law is applied and punishable regardless of gender or sexual orientation.

What Are the Emotional and Psychological Impacts of Sexual Assault?

Sexual assault and abuse can lead to extensive physical, emotional, behavioral, and psychological impacts. Often, survivors of sexual assault experience post-traumatic stress disorder (PTSD) after their incident, as well as heightened depression and anxiety. To manage the emotional impact of an assault, it’s recommended to seek counseling from a licensed psychologist who specializes in PTSD and/or sexual trauma.

Survivors of sexual assault and long-term sexual abuse may also experience difficulty trusting others, meaning they might struggle to maintain long-term relationships and determine who is (and isn’t) trustworthy. As part of their PTSD and depressive symptoms, they may also isolate themselves from their support system and loved ones. Victims may also experience or witness angry outbursts or other sudden behavioral changes.

Immediate Steps to Take After a Sexual Assault

If you’ve been sexually assaulted, get yourself to a safe place as soon as you’re physically able. Sexual assault is an immensely traumatic experience, so it’s completely understandable if you feel fatigued, upset, or stressed to the point that heading to a hospital, police precinct, or the home of a loved one feels overwhelming. However, it’s essential that you seek support as soon as possible—to do so, follow these steps in the aftermath of a sexual assault:

• Avoid showering or changing your clothes;
• Call 911 or go to your local police precinct to report the assault;
• Seek medical attention and allow the provider to check for injuries and treat you for the prevention of sexually transmitted infections and pregnancy;
• Depending on your case, ask authorities about filing for a temporary protection order to keep the offender away from you;
• Call a rape crisis program or 24-hour-hotline to assist with hospital accompaniment, counseling, courtroom advocacy, and long-term emotional support;
• Follow up with the police about their investigation;
• Contact a Houston sexual abuse lawyer as soon as possible.

It’s absolutely crucial that you receive medical care as soon as possible after your assault. Your health providers will collect evidence that will be impossible to recover if you wait too long after your assault. While it’s still possible to pursue your claim without this evidence—and you absolutely should still report the crime and contact a Houston sexual assault attorney—your case will be much easier to prosecute if this evidence is preserved.

What Rights Do You Have as a Sexual Assault Victim in Texas?

The time after a sexual assault is incredibly confusing and delicate. Unfortunately, many survivors of sexual assault are afraid to come forward due to a fear of not being believed. Survivors may even feel shame or blame themselves for what happened—however, we’re here to say that a non-consensual sex act is never the fault of the victim, and there is absolutely no shame in experiencing an assault. You’ve been the victim of a crime, and the way you are treated should not be any different than if you experienced a robbery or another type of physical assault.

If you or someone you care about has been sexually assaulted, you have the right to report your crime to the police and be taken seriously as they investigate your case. Victims’ rights after a sexual assault also include the right to seek damages from the perpetrator through a civil lawsuit, as well as any third party or entity (like a school or corporation) that was aware of the assault or a pattern of sexual violence and failed to take action.

These damages may include medical expenses, mental anguish, and lost wages—among other economic, non-economic, and punitive damages that you may be due. A Houston sexual abuse attorney can help you understand the precise value of your case and walk you through your sexual assault legal options—and if you work with Simmons & Fletcher, we can guarantee that your case will be handled with care, compassion, and integrity.

Sex Offender Registration for Sexual Assault in Texas

Any individual convicted of sexual assault in Texas must register as a sex offender. While the exact length of time that this person must remain on the registry depends on their individual situation, a sexual assault charge does qualify them for mandatory lifetime registration.

When Can Third Parties Be Held Accountable for Sexual Assault?

Third parties can be held legally responsible for sexual assault if they knowingly failed to prevent or address sexual assault. Negligent institutions and individuals (aside from the perpetrators themselves) may include employers, hotels, rideshare companies, universities, and more.

Here are a few common examples of when third-party liability might apply in a sexual assault case:

• A manager sexually assaults an employee, and the employee reports the crime to their boss, CEO, or other high-ranking company representative. If this individual tries to cover up the assault and doesn’t investigate the incident, they may held legally liable.
• A Boy Scout troop leader sexually molests a scout at a scouting event.
• A rideshare driver sexually assaults a rider, and the rider reports the incident to Uber or Lyft. If the company fails to investigate the claim or is revealed to have failed to remove a driver with a criminal record or prior reports of sexual harassment, then it may be held legally responsible.
• A dentist or doctor fondles a patient while they are under the effects of anesthesia.
• A teacher at a private school engages in sexual activity with a student,t and the school sweeps it under the rug. There are laws against teachers having sex with students at primary and secondary schools.
• A priest or other member of the clergy coerces an altar boy to perform sexual acts.
• A prison guard or juvenile detention center guard coerces prisoners to engage in sexual acts in exchange for favors or privileges while the warden turns a blind eye.
• A masseur sexually assaults or inappropriately touches a customer while they are don’t he massage table.

How a Houston Sexual Assault Lawyer Can Help You

At our Houston sexual assault law firm, we believe firmly in your right to heal and recuperate following the crime that you’ve experienced (and survived). Hand in hand with that belief is our commitment to providing you with the skillful, thorough, and compassionate services offered by our sexual abuse attorneys. Each of our qualified lawyers works hard to provide legal help for assault victims, which may include:

• Investigating your claim;
• Interviewing witnesses, experts, and medical providers;
• Gathering evidence;
• Identifying any liable third parties;
• Determining the financial value of your damages;
• Negotiating with other parties;
• Working toward a settlement with maximum potential compensation;
• Representing you in trial if a settlement cannot be reached.

To work with a Houston sexual assault attorney who believes in you and your story and will fight faithfully to defend it, call Simmons & Fletcher today for a free initial consultation.