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TYPES OF CASES

 

Sexual Assault and Rape

Any type of sexual activity that you do not agree to participate in is sexual assault. It can be anything that forces a person to join in unwanted sexual contact or intercourse. It can be by a stranger, family member, spouse, or boyfriend. 

Most sexual assaults are perpetrated by someone the victim knows.  It includes voyeurism, exhibitionism, incest, child molestation, unwanted sexual deviations perpetrated by a spouse or boyfriend, including un-consented sex with stranger, un-consented bondage, and un-consented sexual sadism.

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Date Rape

"Unconsented sexual activity between people who are known to each other either platonically or sexually is called “date rape.” This form of sexual assault occurs during a social interaction between the rapist and the victim. It may be planned or spontaneous. A Bureau of Justice study reported that the majority of women raped, 68 percent, knew their rapist as a boyfriend, friend or casual acquaintance. From Bureau of Justice Special Report: Intimate Partner Violence, May 2000.

   
Sexual Harassment

Sexual Harassment is lewd, obscene, harassing conduct by an employer, which may be coupled with inappropriate touching, groping, fondling, or unwanted sexual contact by an employer. Many times sexual harassment includes repeated sexual comments, sexual innuendo, and unwanted sexual touching or unwanted sexual contact by an employer.

   
Sexual Assaults by Professional Athletes

If you are the victim of a sexual assault by a professional athlete or a college athlete, you should contact an attorney to determine whether you have a cause of action (claim). A Sexual Assault is unwanted physical contact of a sexual nature that includes groping, fondling, attempted rape, rape, and date rape. Unwanted physical touching of ones breasts, buttocks, or genitals is also a sexual assault. Texas law gives sexual assault victims the legal right to sue their assailants.

 

 

Physical Assault

Physical Assault is unwanted contact usually resulting in bodily injury, such as a black eye, bruising, broken bones, or fractures. Physical assault can also include unwanted touching or groping. In Texas a person can bring a civil cause of action for an assault, unwanted touching, that does not cause a physical injury. This would include assaults such as slapping another person in the face, touching another person on their breast or genitals without their consent.

   
Physical Assaults by Professional Athletes

If you are the victim of a physical assault by a professional athlete or a college athlete, you should contact an attorney to determine whether you have a cause of action (claim). A Physical Assault is unwanted contact usually resulting in bodily injury, such as a black eye, bruising, broken bones, or fractures. Physical assault can also include unwanted touching or groping. In Texas a person can bring a civil cause of action for an assault, unwanted touching, that does not cause a physical injury. This would include assaults such as slapping another person in the face, touching another person on their breast or genitals without their consent.

   
Domestic Violence

Domestic Violence is physical abuse directed toward a spouse, girlfriend, or domestic partner. Usually this is seen as physical violence by men against women, however, there are cases involving assaults by women on their husbands or boyfriends and between same sex domestic partners. Domestic violence includes threats of violence, intentional infliction of emotional distress, mental abuse, mental cruelty, infliction of fear and submission, and may include forced or rough sex or rape against a spouse, partner or girlfriend. The common thread in these cases is control by the abuser.

   
Fraternity and Sorority Hazing

The Texas Penal Code defines "Hazing" as any intentional knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. The term includes but is not limited to: (1) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity; (2) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student; (3) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely effects the mental or physical health or safety of the student;(4) any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection; (5) any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Texas Penal Code. Sec. 4.52.

Fraternities and Sororities that engage in hazing and that hazing causes injury or death to the victim are legally responsible and liable under Texas law to the victim and their families for legal claims for monetary damages against those persons engaging and organizing and promoting the hazing. Any fraternity and sorority that knows about hazing or encourages or tolerates hazing within its organization may also be held liable in a civil lawsuit.

   
Hate Crimes

A hate crime is a crime, usually an assault, motivated by race, religion, disability, gender or ethnicity, national origin, or other prejudice. The most common situations include assaults against persons of another race or religion or attacks on a person due to their sexual preferences.

   
Sexual Exploitation by Doctors, Psychiatrists, Therapists, Clergy, Rabbis, and Other Mental Health Professionals

Sexual exploitation involves sexual abuse, improper touching, improper “therapy”, and improper sexual or romantic relationships between mental health professionals and their patients. Sexual exploitation can involve much more than sexual contact of a patient by a mental health professional. It can include lewd and unprofessional conduct, including lewd conversations regarding sex with no real clinical purpose; improper texting and telephone conversations of a sexual nature; and improper relationships between therapists and patients.

A patient can be a victim of a Sexual Exploitation even though they may have consented to having sexual relations with their therapist, doctor, psychiatrist, or minister. These mental health professionals are prohibited by law and their codes of ethics from becoming romantically or sexually involved with their own patient or member of their congregation. The mental health professional’s position of trust and power over their patient makes it unethical and illegal to engage in romantic or sexual relationships with any of their patients. In Texas, it is even illegal for a mental health therapist, rabbi, or member of the clergy to engage in sexual relationships with former patients because of the position of power and intimate knowledge that mental health providers have over their patients and former patients and that and religious leaders have over members and former members of their church or synagogue.

   
Injury or Death Caused by Drunk Drivers

Our firm represents victims of car accidents, motor vehicle collisions, motorcycle accidents, bicycle accidents, and boating accidents caused by drunk drivers, intoxicated drivers, and impaired drivers. This includes injury or death of pedestrians, motorcyclists, bicyclists, passengers, and other drivers caused by drunk, intoxicated, or impaired drivers.

   
Injury or Death from Car, Motorcycle or Boating Accidents

Our firm represents victims of motor vehicles collisions, motorcycle collisions, and boating collisions caused by negligent and reckless drivers. This includes injury or death of a pedestrian, passenger, or other driver caused by a negligent or reckless driver.

   
Wrongful Death

Wrongful death is a personal injury case against another person or entity that resulted in fatal injuries that caused the victim’s death. A cause of action for wrongful death against the negligent or reckless person or entity that caused the death actually “survives” the death of the victim. Wrongful death actions can be pursued by the surviving spouse, child, or parent of the deceased victim in Texas. These cases include motor vehicle collisions, car accidents, motorcycle accidents, boating accidents, pedestrian-auto accidents, bicycle-auto accidents, and death caused by a dangerous piece of machinery or dangerous product, death caused by an accident at a job site or the workplace.

   
Unconsented Videotaping

In Texas, it is illegal to secretly videotape or photograph a person who is nude or in a state of undress without their consent. This type of illegal action is an Invasion of Privacy of the victim and entitles the victim to sue the perpetrator for monetary damages in a court of law. It is also illegal to stalk someone and invade their privacy by following them and gaining access to their personal and private lives. This includes persons who illegally intercept others email accounts or hack into email accounts to read their victim’s personal emails. A victim of an Invasion of Privacy, like this, can sue the perpetrator for money damages and also seek a permanent injunction from a court to prevent the perpetrator from coming near the victim again or bothering the victim.

Date Rape and Sexual Assault

If you are the victim of a sexual assault or “Date Rape” you should contact an attorney to determine whether you have a cause of action (claim). A Sexual Assault is unwanted physical contact of a sexual nature that includes groping, fondling, attempted rape, rape, and date rape. Unwanted physical touching of a victim’s genitals is also a sexual assault. Texas law gives sexual assault victims the legal right to sue their assailants.

Physical Assaults by Professional Athletes and College Athletes

If you are the victim of a physical assault by a professional athlete or a college athlete, you should contact an attorney to determine whether you have a cause of action (claim).

Sexual Assaults by Professional Athletes or College Athletes

If you are the victim of a sexual assault by a professional athlete or a college athlete, you should contact an attorney to determine whether you have a cause of action (claim). A Sexual Assault is unwanted physical contact of a sexual nature that includes groping, fondling, attempted rape, rape, and date rape.

Sexual Harassment and Sexual Abuse by College Professors

If you are the victim of a sexual harassment or improper sexual attention of a College Professor you may have a claim for this type of sexual abuse and breach of the fiduciary duties of your professor. In many situations, it may not even matter if you “consented” to engaging in sex with your professor if you were coerced into this relationship due to the power this person has or had over you. It is a breach of ethical duties owed to all students for a professor or teacher to engage in a romantic or sexual relationship with a student.

For more information about our services, or to speak with an experienced lawyer, please contact The Law Offices of Kevin R. Madison, P.C. at (512) 708-1650 or rmail us at kevin@kevinmadison.com for your FREE and confidential consultation. We have an experienced RN (Registered Nurse) on staff.

 
*From Bureau of Justice Special Report: Intimate Partner Violence, May 2000