Temple Sexual Assault Claims
How to File a Sexual Assault Claim in Temple, Texas
Experiencing sexual assault is one of the most profoundly traumatic violations a person can endure. The emotional, physical, and psychological impacts can be overwhelming and often linger long after the incident itself. Survivors may face fear, shame, anxiety, depression, or isolation, all while trying to make sense of what happened and navigate a path forward.
In Temple, Texas, and throughout the state, survivors have the legal right to seek justice. While the criminal justice system focuses on punishing the offender, civil lawsuits give survivors a separate, powerful avenue: one that holds the perpetrator, and potentially institutions or third parties, financially accountable for the harm caused. Civil action is not just about compensation. It's about reclaiming power, finding a voice, and demanding accountability.
If you or a loved one is considering filing a sexual assault claim, this guide is here to help. We’ll walk you through your legal options, what the process looks like, and how to take the following steps at your own pace.
At Scanes Yelverton Talbert, we want you to know this: you are not alone. We see you, we hear you, and we believe you. Our team is here to stand beside you with compassion, discretion, and strength. We are committed to fighting for your dignity, your rights, and your future every step of the way.
What Is a Civil Lawsuit for Sexual Assault?
A civil lawsuit for sexual assault is a legal action survivors can file against the perpetrator, and sometimes third parties, seeking financial compensation for damages related to the assault. Unlike criminal cases, where the state prosecutes the offender, civil lawsuits are initiated by the survivor and focus on restoring what was lost.
To file a successful civil lawsuit, a survivor typically needs to prove:
- That the sexual assault occurred
- That the named defendant was responsible (either directly or through negligence)
- That the assault caused harm, whether it was physically, emotionally, financially, or all of the above
While it can be difficult to relive the experience, civil lawsuits are often an empowering step toward justice, healing, and closure.
What Is Needed to File a Sexual Assault Civil Claim in Temple?
Filing a civil claim requires careful documentation and legal preparation. While every case is unique, the following elements are generally essential:
- Medical records (e.g., ER visits, SANE exams, therapy)
- Police reports or protective orders, if available
- Witness statements, if applicable
- Evidence of emotional or psychological trauma (such as therapist records)
- Documentation of financial losses, including medical bills, lost wages, or relocation costs
You do not need a criminal conviction to file or win a civil lawsuit. Civil cases have a lower burden of proof, “preponderance of the evidence” rather than “beyond a reasonable doubt.”
SYT can help you gather what is needed, protect your privacy, and advocate on your behalf every step of the way.
Statute of Limitations for Civil Sexual Assault Cases in Texas
Texas has extended time limits for survivors to pursue civil claims. As of recent updates to the law:
For adult survivors: You generally have 5 years from the date of the assault to file a civil lawsuit.
For survivors who were minors at the time of the assault: You typically have until your 48th birthday to file a claim, depending on specific circumstances.
That said, deadlines can vary based on case details and new legislation. To preserve your rights, it’s best to speak with our team as soon as you feel ready.
Holding Third Parties Liable in Sexual Assault Cases
In some cases, liability extends beyond the person who committed the assault. Texas law allows survivors to file claims against third parties whose negligence contributed to the assault. This may include:
Employers who failed to screen or supervise dangerous employees
Property owners who did not provide adequate security
Rideshare companies or transportation providers
Hotels, clubs, or event venues that ignored red flags or safety issues
For example, suppose a hotel failed to repair broken locks or ignored reports of harassment by a staff member. In that case, it may share liability for any incidents that occurred on its premises.
Holding third parties accountable can be critical in making meaningful changes and preventing future harm to others.
Damages You Can Recover in a Civil Sexual Assault Lawsuit
Civil lawsuits provide an opportunity to recover financial compensation for the harm you've experienced. Survivors may be eligible to receive damages for:
- Medical expenses and ongoing treatment
- Counseling and therapy costs
- Lost income or diminished earning capacity
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Punitive damages, in cases of extreme misconduct
While no amount of money can undo the trauma, these damages can support your healing, help you rebuild your life, and send a clear message that your pain matters and that someone is being held accountable.
Criminal Charges vs. Civil Lawsuits: What's the Difference?
Understanding the difference between criminal charges and civil lawsuits is vital for survivors of sexual assault exploring their legal options. The state prosecutes a criminal case, typically the District Attorney, and seeks to punish the offender through jail time, probation, or fines. These cases require proof beyond a reasonable doubt, and survivors often have limited control over how the case proceeds. In contrast, a civil lawsuit is filed by the survivor or their family and focuses on securing financial compensation for the harm caused. Civil cases have a lower burden of proof, requiring only a preponderance of the evidence, and survivors play a more active role alongside their attorney. Unlike criminal cases, a civil lawsuit can result in compensation even if no criminal conviction occurs. For many survivors, the civil process offers a greater sense of empowerment, accountability, and personal closure.
FAQs: Filing a Sexual Assault Claim in Temple, Texas
Do I have to press charges to file a civil claim?
No. You can file a civil lawsuit without filing criminal charges, or even if criminal charges were dropped or dismissed.
Will my identity be protected?
Civil courts offer ways to protect your privacy, including the use of initials or pseudonyms in court documents. We can discuss strategies that best protect you.
Can I still file if the assault happened years ago?
Yes, in many cases. Thanks to extended statutes of limitations in Texas, survivors, especially those who were minors, may still be eligible to file. Always check with an attorney to confirm.
How long does a civil case take?
Timelines vary, but most cases resolve within 6 to 24 months. Some settle early, while others may go to trial. Our team will keep you informed every step of the way.
Do I have to go to court?
Not always. Many civil sexual assault cases settle confidentially out of court. However, if the case does proceed to trial, your attorney will prepare and support you throughout.
You Are Not Alone: Scanes Yelverton Talbert Is Here for You
We understand how tough it can be to take legal action after experiencing sexual assault. It’s not just a legal decision, it’s an emotional and deeply personal one. At Scanes Yelverton Talbert, we want you to know that you don’t have to face it alone.
You deserve to be heard. You deserve to be believed. And you deserve justice, on your terms. Filing a civil claim isn’t only about financial compensation, it’s about seeking accountability, finding closure, and taking back control of your story.
If you're considering legal action after a sexual assault in Temple, Texas, our compassionate and trauma-informed attorneys are here to support you every step of the way. Whether you're ready to move forward or simply need a confidential space to ask questions, we’re here when you're ready.
Your voice matters. Your rights deserve protection. And at SYT, we are committed to standing beside you with strength, respect, and unwavering support.
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“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”
Dannj Herr
Client