Texas criminal code, sexual abuse

Sexual abuse: If a 18 year old was raped wile intoxicated, and went to the polices and they didn't do anything because this 18 year old was intoxicated. Does the 18 year old have a lawsuit - Is this your question? Add additional information
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Answers (3)

Lu Ann Trevino

Lu Ann Trevino

Contributor Level 8
This information is given for educational purposes only. No attorney-client relationship exists between us.

It depends on who you want to sue. If you want to sue the police, no you don't have a good case. If you want to sue the alleged rapist, you may be able to succeed, but it will be very difficult. The reason the police didn't make an arrest is likely to be a lack of evidence or witnesses. While the burden of proof for a civil claim is lower, you still have to have enough proof. Also, you would be putting yourself in the position of having to discuss your entire sexual history with a room full of attorneys. Even if you convinced a jury of the rape, the award is money, but you never know if the defendant has any. If he does have money, he may chose to spend on appeals rather than pay you.
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Herman Martinez

Herman Martinez

Contributor Level 6
In my opinion, you should ask this question in a different forum because it is not a criminal defense question.

Most competent attorneys will need a lot more information before giving an opinion on any type of case.

Good luck to you.
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Mark W. Bennett

Mark W. Bennett Avvo Pro

Contributor Level 4
Hermann is correct: this is a civil question rather than a criminal question.

I would say, however, that NO competent lawyer would give an answer to your question, even "for educational purposes", without a whole lot more information.

Fortunately, personal injury lawyers take cases for free, so you should be able to find a personal injury lawyer in your area to discuss the case with.
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