If you are a victim of sexual abuse in Texas, it’s important to know your rights and the various legal and support options available to you. Below are some frequently asked questions (FAQs) to help guide you through the process.

What is considered sexual abuse under Texas law?

Sexual abuse is any form of non-consensual sexual act or behavior, including but not limited to rape, molestation, exploitation, or harassment. It involves any unwanted touching, penetration, or other sexual activities committed against a person’s will.

What are my rights as a victim of sexual abuse in Texas?

As a victim of sexual abuse, you have various rights in Texas, including:

• The right to privacy and confidentiality during legal proceedings.
• The right to make a report to the police if they choose to do so.
• The right to get a sexual assault exam.
• The right to have a trained advocate present during the assault exam.
• The right to be free from retaliation.
• The right to file for a protective order.
• The right to attend and participate in the trial of the accused.
• The right to receive compensation for related expenses if you qualify for the Crime Victims’ Compensation Fund.

What should I do if I have been sexually abused?

If you have been sexually abused, consider taking the following steps:

• Ensure your safety: Immediately seek a safe location if you are in danger.
• Call 911 (or your local law enforcement): Report the abuse to the authorities to ensure your safety and that of others.
• Forensic Exam: If possible, go to a medical facility to have a sexual assault forensic exam (SANE exam).
• Seek medical attention: Even if you don’t have visible injuries, a doctor can check for any harm and provide treatment for potential sexually transmitted infections (STIs) or pregnancy.
• Reach out to support organizations: Organizations like the Texas Association Against Sexual Assault (TAASA) provide resources and emotional support.

How can I report sexual abuse in Texas?

You can report sexual abuse in Texas by:

• Contacting local law enforcement: (call 911 or the non-emergency number for your local police department).
• Texas Crime Stoppers: You can submit anonymous tips online or via phone by calling 1-800-252-TIPS.
• National Sexual Assault Hotline: Call 1-800-656-HOPE (4673) for confidential support and assistance.

Do I have to press charges if I report sexual abuse?

No, you do not have to press charges to report the abuse. Law enforcement may still investigate the crime. The decision to prosecute is ultimately made by the prosecutor’s office.

What legal options do I have as a victim of sexual abuse in Texas?

• Criminal Case: The state can prosecute the offender through the criminal justice system. You do not have to pay for legal representation for a criminal case, as the government will provide a public defender if needed.

• Civil Lawsuit: In addition to criminal charges, you may pursue a civil lawsuit against the perpetrator for damages. This can help recover compensation for medical bills, emotional distress, and other damages related to the abuse.

• Protective Orders: A protective order (also known as a restraining order) can be requested to keep the abuser away from you and your family. The order can prevent contact and require the abuser to stay a certain distance from your home, workplace, or school.

What is a Sexual Assault Forensic Exam (SANE)?

A Sexual Assault Forensic Exam (SANE) is a specialized examination performed by a trained nurse who collects evidence after a sexual assault. The exam is often used to support both criminal and civil cases. It’s best to have the exam as soon as possible (preferably within 72 hours) after the assault.

What resources are available to victims of sexual abuse?

There are several organizations in Texas that offer assistance to sexual abuse survivors:

• Texas Association Against Sexual Assault (TAASA): Provides resources, advocacy, and support.
• Texas Crime Victims’ Compensation Program: Offers financial assistance for expenses related to the crime, including medical costs and counseling.
• The National Sexual Assault Hotline: Call 1-800-656-HOPE for confidential support.

How does Texas’ statute of limitations affect me as a sexual abuse victim?

The statute of limitations refers to the time period within which a victim can file a criminal charge or civil lawsuit. In Texas:

• For criminal cases, the statute of limitations for sexual assault is generally 10 years from the date of the offense. However, in some cases involving minors or specific circumstances, the time frame may be extended or eliminated.

• For civil cases, a lawsuit must typically be filed within two years of the offense, but there may be exceptions, especially if the victim was a minor at the time of the abuse.

Can I remain anonymous when reporting sexual abuse?

Yes, you can report sexual abuse anonymously through Texas Crime Stoppers or the National Sexual Assault Hotline. However, if you want the case to be prosecuted, you may need to eventually identify yourself as part of the investigation process.

Can I access counseling or therapy after experiencing sexual abuse?

Yes, counseling and mental health support services are available. Many organizations, such as TAASA, provide free or low-cost counseling to victims. Additionally, the Texas Crime Victims’ Compensation Program may help cover mental health treatment costs.

What is the role of a victim advocate?

A victim advocate provides support, guidance, and information to survivors throughout the legal process. They can assist with filing police reports, obtaining protective orders, accessing counseling services, and navigating the legal system.

If you or someone you know is a victim of sexual abuse, it’s important to know that help and support are available. Don’t hesitate to reach out to local organizations, law enforcement, and legal professionals to understand your options and begin the healing process.

Contact Thomas J. Henry Law

If you or someone you know is a victim of sex trafficking or sexual abuse in Texas, it’s important to understand your legal rights and options. Our experienced legal team is here to help you navigate this challenging time and ensure that your voice is heard. 

We provide compassionate and confidential legal representation, and we are committed to helping you pursue justice and compensation. Contact us today for a free case review to discuss your case and explore how we can support you through this difficult journey. You don’t have to face this alone—let us help you take the first step toward healing and justice.