Sexual assault is a deeply personal and traumatic experience. Universities and colleges should embody environments of safety and growth, yet when these spaces are compromised by acts of sexual violence, survivors deserve clarity, support, and justice. Empowering survivors on college campuses begins with understanding their rights under the law and the mechanisms available to hold perpetrators accountable.
At Bradford N. Oesch, P.C., we understand that navigating the aftermath of a campus sexual assault can be overwhelming. As a law firm dedicated to advocating for survivors throughout Houston and across Texas, our goal is to shed light on the legal protections available for those who have endured sexual assault on college campuses.
The Title IX Connection
Title IX of the Education Amendments of 1972 is often regarded as foundational to the legal protections for survivors of campus sexual assault. This federal law prohibits discrimination based on sex in education programs and activities that receive federal funding. Over the years, Title IX has been interpreted to include protections against sexual harassment and assault to make sure survivors have access to a supportive educational environment.
Under Title IX, universities and colleges are obligated to respond promptly and effectively to reports of sexual violence. This includes conducting thorough investigations, implementing interim safety measures, and taking corrective action as needed. Survivors have the right to file a formal complaint with their institution and expect a fair and unbiased response.
It is important to note that Title IX operates independently of criminal proceedings. While universities are held accountable to comply with Title IX mandates, this process does not take the place of pursuing criminal charges against a perpetrator. Survivors may seek justice both through their institution’s Title IX policies and the criminal justice system.
Texas Law and Campus Sexual Assault
For sexual assault survivors in Texas, state law provides additional protections that complement federal Title IX guidelines. Under the Texas Education Code, higher education institutions are mandated to adopt policies and procedures for responding to reports of campus sexual assault. These policies are designed to promote transparency, accountability, and the safety of the institutional community.
Senate Bill 212, which has been in effect since January 2020, imposes significant reporting requirements on university employees and administrators who become aware of incidents of sexual harassment, assault, stalking, or dating violence involving students.
Failing to report such cases can lead to legal consequences for the institution and its personnel. This law requires accountability measures to be established to address sexual violence and safeguard survivors’ rights.
Additionally, Texas law provides victims of sexual assault the option to seek a protective order against the perpetrator. A protective order can help establish critical boundaries and safety measures by limiting contact with the assailant and reducing opportunities for further harm.
How to Pursue Civil Claims for Damages
While Title IX and criminal law aim to hold perpetrators accountable, survivors of campus sexual assault may also have the right to seek civil remedies. Civil claims allow survivors to pursue monetary compensation for the physical, emotional, and psychological harm they have endured.
Pursuing a civil claim may include medical expenses, therapy costs, lost wages, and pain and suffering. Civil claims may also seek to hold the institution accountable for any negligence in addressing or preventing sexual assault on campus. If you are considering filing a civil claim after campus sexual assault, you should take the following steps.
Seek immediate support and document the evidence: Prioritize your physical and emotional safety by seeking medical attention and support services, such as counseling. Additionally, document and safely preserve any evidence related to the assault, including medical records, personal statements, photographs, and witness information.
Understand the statute of limitations: In Texas, there are strict timelines for filing civil claims. Survivors should consult with a legal professional to understand the specific deadlines that apply to their case. Generally, you have 10 years to file a criminal claim and 5 years to file a civil claim in Texas after a sexual assault incident, but certain exceptions may apply.
Consult with an experienced attorney: Speak with an attorney who is experienced in handling campus sexual assault cases. A qualified lawyer can evaluate your claim, advise on potential legal strategies, and represent your interests throughout the process.
Identify the responsible parties: Identify all potential defendants in the claim. This may include the perpetrator, the institution (if it failed to take appropriate measures to prevent or address the assault), or other potential parties. Determining liability is a key step in building a strong civil case.
File a civil lawsuit: Once you have gathered the necessary evidence and identified the defendants, file a formal complaint in the appropriate civil court with help from your attorney. The complaint should outline your claims, such as the harm you endured and the damages you are pursuing.
Engage in discovery and mediation: After filing the lawsuit, both parties will participate in the discovery phase, where evidence and information are exchanged. You may also consider engaging in mediation as an opportunity to resolve the case without trial. Your attorney can guide you through these proceedings.
Prepare for trial, if necessary: If you are unable to settle the case through mediation or negotiations, it may proceed to trial. During the trial, both parties will present their arguments, and a judge or jury will determine the outcome. Be prepared to present evidence and testimony with the help of your attorney.
A civil suit provides a path to holding negligent parties accountable, such as institutions that failed to adequately safeguard their students or take appropriate actions in the wake of reports. Educational institutions have a duty of care to their students, and when this duty is breached through negligence or misconduct, survivors can take legal action.
Advocacy and Support Services
Campus sexual assault survivors are often provided with resources and support services that can facilitate their recovery and empowerment. These may include campus counseling centers, health services, and advocacy organizations. Under Title IX, institutions are required to offer interim measures to survivors, such as changes in housing arrangements, academic accommodations, or no-contact orders.
However, these services can be daunting, especially when there is potential resistance or mishandling by institutional representatives. An experienced attorney can help uphold your rights and make sure your voice is heard.
At Bradford N. Oesch, P.C., we are committed to guiding campus sexual assault survivors through every stage of their case. From helping survivors file institutional complaints and advocate for necessary accommodations to pursuing criminal charges or civil claims, we strive to serve as a staunch ally.
Contact a Skilled Sexual Assault Attorney Today
Filing a claim after experiencing campus sexual assault takes immense strength and courage. Survivors deserve to have their voices heard, their pain validated, and their rights fully enforced under the law. At Bradford N. Oesch, P.C., we recognize the bravery required to come forward and are unwavering in our commitment to providing compassionate, effective legal representation.
From Title IX proceedings to the pursuit of civil or criminal claims, our team is here to provide personalized guidance tailored to your case. No survivor should face this challenging process alone. Located in Houston, Texas, we serve clients in the surrounding areas.
Contact us today to schedule a confidential consultation and learn more about the legal protections available to survivors of campus sexual assault.
