Can I sue my ex boyfriend for sexual assault?

by Lauren
(Austin, TX)

My ex boyfriend is in jail right now awaiting trial for sexually assaulting me and for taking naked pictures of me without my consent (and showing them to a lot of people without my consent). He has not yet been convicted yet. He messed up my private parts very badly. I had to keep going back to the doctor for infections and I'm still not fully healed. No matter how much therapy I take, I can not heal my soul.

I want to sue him for my pain and suffering. Do I have a legitimate case or is it far fetched? And if I can do it, what are the first steps I should take? Should I get a lawyer and how much would a good attorney normally cost? Thank you.

Visitor Question:
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ANSWER for "Can I sue my ex boyfriend for sexual assault?":

Lauren (Austin, TX):

Yes you can sue your ex-boyfriend for sexually assaulting you. Before you give serious consideration to doing so you should think about what type of assets your ex-boyfriend has. If he is solvent and has enough assets in the form of money, stocks and bonds, real estate, vehicles with clear titles etc., then it would probably be worth filing a lawsuit against him.

If he isn't solvent then you would probably be wasting your time. Without any assets the most you would probably be able to have the court award is a judgment against him.

In the State of Texas once a court awards a judgment against an individual or other entity, the plaintiff can take that judgment and file it with the county clerk in which the defendant (your ex-boyfriend) resides or works. In Texas you can file that judgment in as many counties as you think your ex-boyfriend may be residing now and into the future, or in any other county in which he might be doing business.

Once that judgment is filed and abstracted (a process which follows the filing of the judgment) the Sheriff's or Constable's Department can go to your ex-boyfriend and attempt to seize any of his non-exempt assets. If he doesn't have any, the judgement can stay on file accruing interest at the prevailing rate for up to 10 years. Then you can renew that judgment for another 10 years.

Eventually when he attempts to buy a home, or attempts to secure other forms of credit the judgment will show up. Sooner or later he will either pay you or be doomed forever with an abstracted judgment following him wherever he goes.

You can do this yourself or attempt to retain an attorney. If you retain an attorney the set of facts you present are not those which an attorney would accept on a contingency basis. That means you would probably have to pay the attorney a flat fee, or pay her hourly.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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