Houston Sexual Assault Lawyer — Civil Claims | Texas Legal Giants
Civil sexual assault claims in Texas give survivors the right to pursue financial accountability through the courts — entirely separate from any criminal case, regardless of whether the perpetrator was ever charged. If you or a family member were sexually assaulted, you have the right to pursue a civil lawsuit completely separate from any criminal case — whether or not criminal charges were ever filed. A civil claim allows you to seek financial compensation for the harm done to you.
Civil sexual assault cases in Texas are filed against the individual perpetrator, the institution or employer that enabled the abuse, or the property owner whose negligent security created the conditions for the assault. Attorney BJ Kemp handles these cases with strict confidentiality and a trauma-informed approach. Your consultation is private and free. No fee unless we recover compensation for you.
- Civil vs. criminal: A civil lawsuit is separate from criminal prosecution and can proceed whether or not the perpetrator was arrested or convicted. You are not required to work with prosecutors.
- Texas SOL: Under CPRC §16.0045, you have 5 years from the date of the assault to file a civil sexual assault claim — longer than the standard 2-year PI deadline.
- Who can be sued: The perpetrator, their employer, the institution (school, church, hotel, rideshare company), or a property owner whose inadequate security enabled the assault.
What a Civil Sexual Assault Case Covers
Texas law allows survivors to pursue financial recovery through the civil courts, independently of any criminal case.
You can file a civil lawsuit directly against the person who committed the assault — regardless of whether they were criminally charged or convicted. A civil case uses a lower standard of proof (preponderance of evidence, not beyond reasonable doubt).
Employers, schools, churches, sports organizations, and other institutions can be held liable when they knew or should have known about a perpetrator’s history of misconduct and failed to act — or when they created conditions that enabled the assault through inadequate background checks or supervision.
Hotels, apartment complexes, parking garages, bars, clubs, and other property owners can be held liable for assaults that occur on their premises when inadequate security — broken locks, poor lighting, missing cameras, untrained security staff — foreseeably enabled the harm.
Damages Available to Sexual Assault Survivors in Texas
Medical and Psychological Treatment Costs
Past and future expenses for physical medical care, trauma counseling, psychiatric treatment, and ongoing therapy directly caused by the assault.
Lost Wages and Earning Capacity
Compensation for income lost due to the assault — including time off work during recovery and, for serious trauma, reduced long-term earning capacity.
Pain, Suffering, and Mental Anguish
Texas allows full recovery for physical pain, emotional suffering, anxiety, PTSD, depression, and the impact of the assault on your daily life and relationships.
Punitive Damages
In cases of egregious conduct — particularly institutional cover-ups or employers who knowingly retained a known predator — Texas courts may award punitive damages under CPRC Ch. 41.
Does a Criminal Conviction Have to Happen Before I File a Civil Lawsuit?
No. A civil sexual assault lawsuit in Texas is entirely independent of any criminal prosecution. You do not need to wait for a criminal case to be resolved, and a civil case can proceed even if criminal charges were never filed, the perpetrator was not arrested, or a criminal jury returned a not-guilty verdict.
The standards are different. A criminal case requires proof beyond a reasonable doubt — a very high bar. A civil case requires only a preponderance of evidence, meaning it is more likely than not that the assault occurred and caused your damages. Many survivors who never got justice in the criminal system have successfully recovered compensation through civil courts.
Institutions Commonly Held Liable in Texas Civil Sexual Assault Cases
Employers & Corporations
Employers can be held liable for employee assaults through negligent hiring (failing to conduct background checks), negligent supervision (ignoring known warning signs), and negligent retention (keeping a known predator employed).
Schools & Universities
Educational institutions — K-12 and higher education — can face civil liability for assaults by staff, coaches, or other students when the institution had notice of misconduct and failed to respond under Title IX and Texas state law.
Hotels & Short-Term Rentals
Hotels, motels, and Airbnb/VRBO hosts can be liable for assaults in guest rooms or common areas when security measures — door locks, hallway cameras, key card systems — were inadequate or maintained improperly.
Religious Organizations
Churches, dioceses, and religious organizations have faced significant civil liability for enabling clergy and volunteer abuse, particularly in cases involving minors and institutional concealment.
Rideshare Companies
Uber and Lyft driver assaults trigger both direct claims against the driver and potential claims against the rideshare platform for negligent background screening under Texas law.
Bars, Clubs & Entertainment Venues
Property owners who serve alcohol, host large events, or operate venues with known security risks can be held liable when inadequate security staff, lighting, or access control enabled an assault on their premises.
How We Handle Sexual Assault Civil Cases
Confidential Case Evaluation
We discuss the facts of your case in complete confidence. You are not required to share details beyond what is necessary to evaluate your legal options. Attorney BJ Kemp handles intake personally — not a paralegal or intake coordinator.
Identifying All Responsible Parties
We investigate beyond the individual perpetrator to identify every institution, employer, or property owner whose negligence enabled the assault. This expands both the available recovery and the insurance coverage that can be accessed.
Evidence Preservation
We preserve key evidence including employment records, background check records, prior complaints, security footage, incident reports, and electronic communications before they can be destroyed or overwritten.
Working with Your Timeline
We understand that survivors need to control the pace of their case. We take instruction from you on timing, communication preferences, and how involved you want to be in each step. We do not pressure you to move faster than you are ready.
Negotiation and Litigation
Many civil sexual assault cases resolve through confidential settlement. We prepare every case for trial to maximize the value of any settlement. If the defendant refuses to offer fair compensation, we take the case to a Harris County jury.
Your Case Is Confidential. Your Call Is Free.
Civil sexual assault cases require an attorney who handles the legal process while protecting your privacy. Texas Legal Giants represents survivors with complete confidentiality. Call (346) 971-7333 — no obligation, no judgment.
Frequently Asked Questions
Common questions from sexual assault survivors considering a civil lawsuit.
Under Texas Civil Practice and Remedies Code §16.0045, you have 5 years from the date of the assault to file a civil lawsuit. This is longer than the standard 2-year personal injury deadline. For assaults involving minors, the statute of limitations may not begin running until the victim turns 18. If the perpetrator was criminally indicted, the civil deadline may be tolled further. Call us to discuss the specific deadline in your case.
Most civil sexual assault cases settle before trial. If a case does go to trial, survivor testimony is typically part of the proceeding — but we prepare you thoroughly and work to structure the process in ways that minimize re-traumatization. You always have a voice in how your case is handled.
Yes. A civil lawsuit does not require a prior criminal conviction or even criminal charges. The civil standard of proof — preponderance of evidence — is significantly lower than the criminal standard of beyond a reasonable doubt. Many civil cases succeed where criminal cases did not proceed.
Texas’s 5-year civil statute of limitations for sexual assault (and extended deadlines for childhood abuse) means many older claims are still viable. Contact us to discuss the specific facts of your case and whether a claim can still be filed.
Yes. Attorney-client communications are protected by the attorney-client privilege. Many civil sexual assault settlements also include confidentiality agreements that protect the survivor’s identity. We discuss privacy protections with every client at intake.
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BJ Kemp — Texas Personal Injury Attorney
Texas State Bar #24116608 · Texas Legal Giants · 4151 Southwest Freeway, Suite 501, Houston, TX 77027
BJ Kemp represents sexual assault survivors in civil proceedings — handling every aspect of the case while protecting client privacy. If you are ready to understand your legal options, call Texas Legal Giants today. Call (346) 971-7333 for a free, confidential consultation. No fee unless we win.