This is the next article in our series on the handling of civil sexual abuse claims in our state. Our last article discussed Texas’ statute of limitations for a sexual abuse lawsuits. It is important to understand that the applicable SOL will be determined by the age of the victim. Also, the statute of limitations may not begin to run immediately if the victim does not immediately know about the incident or injuries sustained. Contacting an attorney as soon as possible is an important step towards ensuring that your rights are protected. In this article, we will be discussing the process of proving liability in such matters. If you are in need of assistance then contact our office to speak with a Fort Worth personal injury lawyer.
A common way in which proof of sexual abuse is established is through an arrest of the offender. Such arrests may occur after a report by the victim or through a report that is made by someone else who has suffered from the offender’s conduct. An arrest will mean that law enforcement has already found credible evidence that the offense occurred. In situations in which there has been a repeated pattern of conduct (such as a pastor assaulting a variety of church attendees over a period of time), an arrest allows a victim to come forward with a certain degree of credibility. In situations involving a single victim, such as those where a stepparent is the perpetrator, an arrest can establish that the matter is simply not a “he said she said” situation. In many situations, the offender may wish to settle without going to trial. If the matter does go to trial then testimony from the arresting officers, in addition to other evidence, may be presented to the jury.
It is important to note that an arrest does not have to end in a criminal conviction in order for one to be able to establish civil liability. While a criminal conviction requires proof beyond a reasonable doubt, one only needs to establish proof by a preponderance of the evidence in order to gain a civil judgement. Consider the following example. A church pastor is arrested for a repeated pattern of inappropriate abuse against younger girls. The only evidence is their testimony. While the criminal jury believes the offenses occurred, they also think it is reasonably possible that the various girls may be fabricating the story out of anger over how a church event was handled. The pastor may well be acquitted of the criminal charges. In a civil trial, however, the fact that the jury believes that it is more likely than not that the acts occurred will result in civil liability. While any case will always depend on specific facts, this example shows how a different standard of proof in the civil justice system can yield a different outcome.
An additional point to make is that an offender does not need to have been arrested in order for a civil claim to be brought. There are a range of situations in which one may be able to build a strong civil case but, for one reason or another, local prosecutors choose to not bring criminal charges. It is generally advised that one refrain from believing that “there is nothing they can do” when there was no arrest. An experienced attorney can assist you with determining whether you have a valid claim.
If you have been the victim of an assault then contact the personal injury attorneys at Noteboom – The Law Firm today. Our Fort Worth sexual abuse lawyers have been representing victims in our area for decades and we recognize the serious nature of such situations. We are honored to serve those in our area and we consider our obligation to provide the highest level of representation. Contact us online or by telephone for an initial consultation. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.