Sexual Abuse & Assault


Many victims of rape and sexual assault may not realize that in addition to criminal prosecution and incarceration, a rapist can be forced to compensate the victim for injuries and emotional suffering he caused.  Additionally, the government sometimes decides not to press charges, or the rapist is acquitted of criminal charges because the burden of proof in a criminal case is much higher than in a civil liability case.   

However, this does not mean that if you are raped, you cannot recover, especially if you have endured serious psychological and emotional injuries.  Suing someone who raped or assaulted you can allow you to recover damages you are entitled to receive; even if the perpetrator gets convicted and sent to jail, the only way for you to recover damages for your injuries is to sue in a civil lawsuit.   

Recovery may also possible from a third party whose negligence contributed to the assault.    If a property owner knows that sex offenders live in the neighborhood but does nothing to increase security, that owner might be partially liable.  Third parties could also include a religious organization, cult, school, day care, scouting organization, or an employer. 


Nursing Home Sexual Assault and Abuse

Unfortunately, sexual assaults are common at nursing homes.  Many of these go unreported because residents have very few friends and family to visit them, and dementia or other illness may affect their ability to recount the details of a traumatic incident. If you do learn that a loved one was assaulted or abused in a nursing home or other care facility, you can help your relative recover against the perpetrator and potentially against the facility itself, especially if a supervisor or the facility management knew of a potentially dangerous employee or resident and did not take the appropriate steps to protect the patient.   

Rape and sexual assault are traumatic events, and if you do decide to seek civil liability, it is especially important to hire a lawyer with experience in dealing with such sensitive cases.  It is also important that your attorney is of the highest ethical standard and provides the personal care and attention you need throughout the legal process.  Todd Smith is a Martindale-Hubbell AV rated attorney, which signifies the highest level of ethical standards in the legal profession, and he is also Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.  If you or a loved one has been the victim of rape or sexual assault, contact The Todd Smith Law Firm for assistance. 

Home Firm Overview Practice Areas FAQ Contact Us Maps & Directions