Lawsuit Information Center
Victims of sexual abuse or sexual assault in Texas can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.
This page looks at the process of filing a civil lawsuit for sexual abuse in Texas and the laws governing these claims.
We also look at the relevant laws regarding sex abuse and the average settlement value of these cases.
If you want to discuss what happened to you or your child, call 800-553-8082 or contact us online for a free consultation.
Can You Bring a Texas Sexual Abuse Lawsuit?
A criminal conviction is not required to pursue a civil claim. Our lawyers look at what happened, when it happened, who was responsible, and whether an institution failed to protect you. Public schools, private schools, churches, employers, and detention facilities do not all face the same liability rules.
You do not need to have every record before contacting us. Your account is the starting point. Dates, witnesses, messages, prior complaints, and records can help us investigate.
Texas Sex Abuse Lawsuit Updates
Texas Appeals Court Keeps Sexual Assault Lawsuit Against Whataburger Out of Arbitration
October 19, 2026
A Texas appeals court has rejected Whataburger’s attempt to force a former employee’s sexual assault lawsuit into arbitration. In its October 15 decision in Whataburger Restaurants v. Garcia, the Dallas court applied the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The plaintiff alleges unwanted sexual touching by a supervisor.
So the entire case stays in court. Whataburger argued that even if the sexual assault claim could proceed there, related negligence and retaliation claims should still go to arbitration. The court rejected that separation. The statute protects a qualifying case, not just the count labeled sexual assault.
The message for everyone is that even if you signed an arbitration agreement at work, do not assume it bars a lawsuit. The federal law has timing and other requirements, but have a lawyer review the agreement before giving up on a civil claim.
Odiong Prosecutors Explain How Spiritual Authority Became a Tool of Abuse
October 5, 2026
A new account from the prosecutors who tried former priest Anthony Odiong explains how investigators built the Texas sexual assault case against him. Their September and October 2026 article in The Texas Prosecutor describes a pattern of exploiting women who sought spiritual counseling. Odiong received a life sentence and two 20-year sentences in June. The prosecutors’ account provides a closer look at how investigators established the pattern of abuse.
One point matters beyond this prosecution. The absence of physical force does not resolve whether sexual activity was consensual. Texas law specifically addresses a clergyman who causes someone to submit by exploiting that person’s emotional dependency on him as a spiritual adviser.
For a civil case against a church, the next questions concern the institution: who received complaints, what those complaints described, and whether leaders left the priest in a position to reach more women. A criminal conviction establishes neither every civil claim nor every institution’s responsibility. But it gives lawyers a concrete record to examine instead of asking survivors to start from nothing.
Filing a Civil Lawsuit for Sexual Abuse in Texas
Texas law permits victims of sex abuse to bring civil lawsuits and seek monetary compensation. The right to bring a civil lawsuit is not contingent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.
Victims can bring civil lawsuits for sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.
If you file a sexual abuse lawsuit in Texas, the case will be public record. However, you may be able to keep your name and identity confidential. Depending on the circumstances and the court’s requirements, a survivor may be able to proceed under “Jane Doe,” initials, or another protective arrangement. Anonymity should be addressed before filing rather than assumed.
Holding Third Parties Liable in Texas Sex Abuse Lawsuits
If you want to file a sex abuse lawsuit in Texas, you always have the option of naming the individual who actually committed the abuse as a defendant. Unless that person is rich and famous, however, suing the abuser is usually pointless because they probably don’t have money to pay for a settlement or verdict in the case (even if they are not already dead or in jail).
If you want to get money in a sex abuse civil lawsuit in Texas, you need to go after a third party with deep pockets or insurance, like a school, church, or organization. Private institutions such as schools and churches may be held liable in sex abuse cases based on negligence. Public institutions involve additional immunity and statutory issues. If you can show that the third-party defendant was negligent and that negligence enabled the abuse to happen, they can be liable.
For example, if a teacher sexually abuses a student at a private school, a claim may focus on the school’s failure to investigate, negligent supervision, or negligent hiring. Claims against a public school require a separate analysis, including the new Texas law discussed below. Another example would be if you get raped in a dimly lit parking garage, you could sue the garage owner for negligent security.
Negligent Hiring in Sex Abuse Case
The Texas Supreme Court has not explicitly defined an employer’s duty in hiring employees. An employer can be held liable to a third party if it hires, retains, or supervises an employee known, or who should have been known, to be incompetent or unfit for the job, and this incompetence or unfitness poses an unreasonable risk of harm to others due to the employee’s job-related duties.
The extent of an employer’s responsibility in screening employees varies with the risks associated with the employee’s duties. So there are no hard and fast rules. Instead, the focus is on reasonableness.
Generally, employers do not owe a duty to third parties for an employee’s off-duty tortious activities that occur away from the work site. However, an employer may be liable for torts committed by an off-duty employee on the employer’s premises or using its property. Employers also must prevent harm to others if an employee’s job grants them special access to a particularly vulnerable group. This certainly would seem to apply to schools and churches.
Can You Sue a Texas Public School for Sexual Abuse?
Texas changed an important part of the answer in 2025. HB 4623 created Chapter 118 of the Civil Practice and Remedies Code. The law permits certain claims against public schools involving sexual misconduct by professional school employees or failures to report suspected child abuse.
The school must have been grossly negligent or reckless, or engaged in intentional misconduct, in hiring, supervising, or employing the employee. The law waives governmental immunity to the extent of the liability it creates. It also requires naming the employee whose act or omission forms the basis of the claim.
Actual damages under Chapter 118 are capped at $500,000 per claimant. The chapter also addresses court costs and attorney’s fees. These are rules for that statutory claim, not a universal limit on every sexual abuse lawsuit in Texas.
The timing matters. Chapter 118 applies to acts or omissions occurring on or after September 1, 2025. A lawsuit filed today does not automatically bring older conduct within the new law. Other potentially available claims, including federal claims, require their own analysis.
The practical question is what the school did with the information it had. A warning email, an earlier complaint, or a documented boundary violation can matter because it helps show whether the institution had an opportunity to act before a child was harmed.
You do not need to work out these legal distinctions before asking for help. Tell us what happened, and our lawyers can review the possible claims. Call 800-553-8082 or contact us online.
What Constitutes Sexual Abuse Under Texas Law?
Sexual abuse can include rape, unwanted sexual touching, coerced sexual acts, sexual exploitation, and abuse committed under the pretense of medical care. Different conduct can support different criminal charges and civil claims.
Texas distinguishes sexual assault under Penal Code § 22.011 from indecent assault under § 22.012. The legal requirements differ by offense. Consent, age, capacity, authority, and the particular conduct all matter.
A child’s apparent cooperation does not by itself establish lawful consent. Nor should a survivor assume that the absence of physical resistance means there is no claim. Our lawyers need to examine the circumstances rather than apply a single rule to every survivor.
Texas Juvenile Detention Center Sex Abuse Lawsuits
An increasing number of survivors who were sexually abused while incarcerated in Texas juvenile correctional facilities are filing civil lawsuits against the state, alleging that the Texas Juvenile Justice Department (TJJD) failed to protect them. These lawsuits claim that the TJJD, the state agency responsible for overseeing juvenile detention and correctional centers, was negligent by not providing adequate supervision, ignoring warning signs, and allowing a dangerous environment where abuse could occur.
The Texas Juvenile Justice Department (TJJD) was established in 2011 after the merger of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC), in response to mounting scandals involving abuse and corruption in juvenile facilities. So they tried to fix things. But the new system is just like the old one, and the TJJD has continued to face sexual abuse litigation and investigations related to the safety and welfare of the youths in its custody.
The TJJD operates a range of facilities across Texas, including secure facilities and reentry centers. Its current facility directory lists the following locations:
| Facility Name | Location |
|---|---|
| Evins State Juvenile Correctional Facility | Edinburg, TX |
| Mart State Juvenile Correctional Facility | Mart, TX |
| Ron Jackson State Juvenile Correctional Facility | Brownwood, TX |
| Giddings State Juvenile Correctional Facility | Giddings, TX |
| Gainesville State Juvenile Correctional Facility | Gainesville, TX |
| Ayres House | San Antonio, TX |
| Edna Tamayo House | Harlingen, TX |
| Schaeffer House | El Paso, TX |
These facilities house hundreds of youth offenders, many of whom have been incarcerated for serious crimes and are in long-term custody. Unfortunately, many of these facilities have been at the center of allegations of physical and sexual abuse. Over the years, investigations by both federal authorities and independent watchdog organizations have uncovered widespread problems, such as overcrowding, understaffing, and a failure to respond to physical and sexual abuse reports.
The history of sexual abuse in Texas’s juvenile detention system – including the recent history – is long and troubling. Multiple high-profile sex abuse lawsuits, federal investigations, and criminal prosecutions have documented rampant sexual abuse by staff members and, in some cases, by other inmates.
These lawsuits claim that the TJJD failed to provide sufficient protections, implement proper safety protocols, or take seriously complaints of abuse from incarcerated youth. Many victims were subjected to prolonged mistreatment, either because complaints were ignored or the abusive conditions were allowed to persist unchecked.
The current lawsuits seek justice for the survivors of this abuse and aim to hold the state accountable for its failure to protect vulnerable children. Plaintiffs in these cases allege that the TJJD knowingly failed to prevent the abuse, citing a culture of negligence and cover-ups within the agency. In addition to seeking compensation for their suffering, the victims are demanding systemic changes to prevent future abuse and ensure that other children are not subjected to the same trauma.
Of course, these lawsuits are not only about settlement compensation for victims. But they are also a call for accountability and a safer future for juveniles in the state’s care.
Anyone who was the victim of sexual abuse or assault while they were a juvenile inmate in Texas should have a lawyer evaluate a potential juvenile detention center sex abuse lawsuit. The proper defendants, immunity issues, and filing deadlines depend on the facts and the legal claims. A large number of victims have already come forward and filed lawsuits against TJJD and the state, claiming that they were negligent in failing to protect juvenile inmates from sexual abuse and assault.
Detention Center Lawsuits: Immunity and Damage Caps
One reason why it can be hard to find a detention center sex abuse lawyer in Texas is that claims involving government facilities present legal hurdles beyond proving the abuse.
The first question is whether a particular claim can proceed against a particular defendant. The Texas Tort Claims Act contains a limited waiver of governmental immunity, but excludes claims arising from assault, battery, and other intentional torts. Its damages caps do not turn an otherwise barred sexual assault claim into a viable case.
The Act generally caps covered bodily injury claims against the state at $250,000 per person. Different limits apply to some local government defendants. Those figures are not a universal ceiling on claims against individual officials, private operators, or defendants sued under a different legal theory.
Our lawyers look separately at the public agency, individual staff members, private contractors, and any potentially available federal civil rights claims. The identity of the institution on the building is only the beginning of that analysis.
Residential Treatment Facility Sex Abuse Lawsuits
Our sexual abuse lawyers are increasingly focused on cases involving residential treatment facilities in Texas, where allegations of abuse and neglect are coming to light. As these cases gain traction, facilities operated by companies such as Universal Health Services (UHS), Acadia Healthcare, and other major behavioral health organizations are under scrutiny. These corporations run numerous treatment centers across Texas, many of which serve vulnerable children and adolescents in need of mental and behavioral health support.
In these lawsuits, plaintiffs’ attorneys convincingly argue that these organizations accepted substantial taxpayer funding, often through Medicaid and child welfare programs, yet failed to uphold the safety standards necessary to protect those in their care. Congress has told us that many of these facilities prioritize financial gain over patient safety, creating environments where physical and sexual abuse occur unchecked.
Key facilities in Texas likely to come under examination include locations such as UHS’s Cypress Creek Hospital, which provides behavioral health services for youth, and Acadia’s San Marcos Treatment Center, which offers specialized residential care for young patients with complex behavioral health needs.
Texas Statute of Limitations for Sex Abuse Lawsuits
Every sexual abuse lawsuit in Texas begins with the question of whether the claim is within the statute of limitations. Understanding the statute of limitations on sexual abuse lawsuits in Texas is critical, especially if your claim involves an institution like a school or church.
Under Texas Civil Practice and Remedies Code § 16.0045, personal injury claims arising from specified childhood sexual abuse offenses generally have a 30-year limitations period after the claim accrues. Claims arising from the adult offenses listed in subsection (b) generally have a five-year period. Other claims can have different deadlines.
When the survivor was under 18 when the claim accrued, § 16.001 generally excludes the period of minority from the limitations calculation. That can give a qualifying childhood abuse survivor substantially more time, but the applicable law and the claim’s history still need to be checked.
What Changed in 2019?
The 2019 amendment extended the period for specified childhood abuse claims from 15 years to 30 years. It did not eliminate all civil filing deadlines. The amendment applies to claims accruing on or after September 1, 2019, and certain earlier claims whose existing deadlines had not expired before that date. It did not automatically revive every expired claim.
Institutional Claims and Exceptions
Do not assume that every claim against a school, church, employer, or government agency has the same deadline. The underlying conduct, legal theory, defendant, accrual date, and applicable tolling rules all matter. Federal civil rights, employment, and trafficking claims require separate review.
The discovery rule is not a blanket extension for anyone who recognizes the emotional consequences of abuse years later. Texas courts apply restrictive rules in this area. A lawyer should review the facts before telling you that delayed discovery, concealment, or another exception extends your time.
Because Texas laws on sexual abuse lawsuits have changed over time and can be complex, survivors should seek legal advice as soon as possible. Do not assume an older claim is barred, but do not assume a long statutory period means it is safe to wait.
| Claim | General Rule | Important Qualification |
|---|---|---|
| Specified childhood abuse claims | 30 years after accrual | Minority tolling and historical applicability must be reviewed. |
| Listed adult sexual assault claims | Five years after accrual | The conduct and legal claim determine whether this period applies. |
| Institutional, government, employment, or federal claims | Requires individual review | Do not assume every related claim shares one filing deadline. |
Calculating Texas Sex Abuse Lawsuit Settlement Amounts
The settlement amounts in sex abuse lawsuits hinge on the defendant’s financial resources and whether they have the resources or insurance coverage to pay a settlement or verdict.
The sad reality is that even strong claims can result in little to no financial recovery if the defendant lacks the means to pay a judgment or settlement. Cases involving deep-pocket defendants, such as large institutions, school districts, religious organizations, or healthcare providers, offer the best chance for settlement compensation because they have substantial assets or insurance policies to cover liability. Without a solvent defendant or sufficient insurance coverage, the likelihood of obtaining a meaningful recovery is much lower, and plaintiffs may face the risk of receiving nothing even if they win a judgment.
Once you get past that sometimes high hurdle, the nature and extent of the victim’s harm are the critical factors in determining settlement amounts. Settlements are typically higher in cases where the abuse has led to severe physical and emotional trauma with long-term impacts on the victim’s life. Factors such as medical expenses, psychological therapy costs, lost wages, and pain and suffering are considered to determine the extent of compensatory damages. Compensation tends to be higher for younger victims than for older victims.
Finally, the strength of the evidence plays a crucial role in calculating settlement values. Strong evidence, such as documentation, credible witness testimony, prior complaints, or a pattern of abuse allegations, significantly increases the likelihood of a higher settlement payout. Additionally, as discussed earlier, Texas has specific limitations for certain institutions, such as government entities, where damage caps or immunity protections may apply. Therefore, understanding the context of the defendant and their potential defenses is essential to predict likely settlement amounts. Some institutions may settle quickly to avoid public scrutiny. Others will hide behind immunity or statutory defenses to minimize their payout.
Example Texas Sexual Abuse Verdicts and Settlements
Sexual abuse lawsuits in Texas have resulted in numerous settlements and jury payouts across a range of institutions, highlighting the severe impact on victims and the significant financial repercussions for the responsible entities. These cases span religious organizations, educational institutions, and state agencies, each dealing with the aftermath of their organization’s connection to such awfulness.
Example settlement amounts and jury payouts are instructive to understanding compensation in these cases. But that insight into settlement value has limits. Settlement amounts can vary widely based on the specifics of each case, including the severity of abuse, the number of victims, the venue, and, sometimes most importantly, the financial capacity of the defendant. Also, many settlements are confidential and exact amounts are not publicly disclosed. Also, smaller sex abuse settlements rarely see the light of day.
Still, our lawyers do think these help you better understand how these cases can be valued, which is why we are presenting them to you:
- $131,000,000 Verdict (2026): A 21-year-old Texas A&M student, entering her senior year, went to the Foundation Lounge bar in the Northgate district of College Station to help a friend look for a job. A manager at the bar poured drinks for her and her friend. She blacked out and woke up naked in a hotel room next to the manager. She went to the hospital, reported the assault to police, and cooperated with the investigation, but the criminal case stalled for years after Hammond’s DNA was not collected at the scene. The plaintiff said the experience left her with depression and PTSD, and persistent fear because she knew her assailant remained free. She spent eight and a half years pushing the case forward. The civil trial found that the manager committed assault and sexual assault against the plaintiff, that he was a vice-principal of the Foundation Lounge at the time of the attack, and that the bar’s negligence caused the assault. The Brazos County jury awarded $131,000,000. The award was $31 million in actual damages and $100 million in exemplary damages split equally between the manager and the bar. This was the largest verdict in Brazos County history. More good news from the civil verdict: The Brazos County District Attorney’s office reopened its criminal review of the assault following the verdict.
- $3,450,000 Verdict (2024): A substitute teacher sent sexually explicit photographs of himself to a student. Instead of getting fired, he was reassigned within the district. He then sexually assaulted the then 15-year-old plaintiff, as well as a 13-year-old classmate. He is now in jail. The lawsuit included claims of assault, battery, and emotional distress, as well as Equal Protection and Due Process violations under Section 1983. For some inexplicable reason, the Beaumont Independent School District allowed this case to go to trial rather than settle out of court, and it paid the price for that decision.
- $270,000 Verdict (2023): A former Baylor University student filed a Title IX lawsuit after being sexually and physically assaulted by a football player. The plaintiff alleged that Baylor demonstrated deliberate indifference by failing to address the danger posed by the player, despite prior warnings and complaints. A Waco federal jury awarded the plaintiff $270,000 in damages. The verdict reflects the university’s failure to implement protective measures or respond appropriately under federal civil rights law, particularly Title IX, which governs how schools handle allegations of sex-based discrimination and assault.
- $325,000,000 Verdict (2023): The plaintiff filed this lawsuit against her grandfather (a wealthy businessman), alleging that he sexually abused her between the ages of 5-8 and gave her an incurable STD as a result of the sexual abuse. The grandfather was eventually criminally convicted and sent to prison. This was the largest sexual assault verdict in Texas history.
- $6,750,000 Settlement (2022): The Texas Department of Family and Protective Services reached a $6.75 million settlement with two girls who were sexually abused while in foster care. The lawsuit highlighted systemic failures in the foster care system, leading to calls for reforms to better protect children in state care. The settlement aimed to compensate the victims for their suffering and emphasize the need for improved oversight and accountability within the system.
- $300,000 Verdict (2019): The plaintiff, a minor female, was reportedly sexually assaulted by the defendant while she was in his home, where his wife was babysitting her. Her family hired a Texas sex abuse lawyer who filed a lawsuit that alleged that the defendant inappropriately engaged in illicit sexual conduct with her, resulting in her physical and emotional injuries.
- $550,000 Settlement (2018): A 13-year-old girl was violently sexually assaulted and threatened with physical harm by an employee of the defendant moving company. The assault occurred when the employee came to the victim’s house as part of a moving crew to move her family into a new residence. The lawsuit alleged that the employee had a lengthy criminal history, which included previous convictions for sexual assault of a minor, indecent exposure, failure to register as a sex offender, assault, and family violence. They also alleged that the moving company failed to do a background check before hiring the employee.
- $4,500,000 Verdict (2016): The plaintiff, a young boy, was sexually abused and assaulted over 2 years by the principal of his elementary school. The lawsuit alleged that the school district knew or should have known that the principal was a pedophile and that they did nothing about it and failed to investigate.
- $17,500 Settlement (2014): The plaintiff, a minor, was allegedly sexually assaulted by an employee at the defendant day care center. The family hired a school sex abuse lawyer who filed a lawsuit alleging that the daycare was negligent in hiring and training its staff, who were entrusted with the care of minor children. The reported settlement amount does not establish how severe the abuse was. Liability, insurance, collectability, and other case-specific issues can limit recovery.
- $73,000 Verdict (2014): A 17-year-old male suffered posttraumatic stress disorder after he was sexually molested by the male codefendant Catholic priest, employed by the defendant, after he was invited to the priest’s home. The plaintiff contended that the codefendant negligently attempted inappropriate sexual advances upon him and negligently served him alcoholic beverages.
- $50,000 Settlement (2014): The plaintiff, a middle-school-aged female, lived in the defendant’s apartment complex. A male classmate sexually assaulted the plaintiff in a vacant apartment in the complex. She sued the apartment complex for negligence for failing to secure the vacant apartment in which she was assaulted.
- $125,000 Settlement (2013): While attending a preschool academy affiliated with a church, two minor female students were sexually assaulted by the operator of the academy. The lawsuit alleged that the academy had negligently failed to provide a safe environment.
- $23,400,000 Settlement (1998): The Roman Catholic Diocese of Dallas agreed to pay $23.4 million to eight former altar boys and the family of a ninth, who former priest Rudolph Kos sexually abused over several years. The case garnered national attention and followed a prior $120 million jury verdict that was later overturned. The lawsuit accused the Diocese of covering up repeated allegations of Kos’s abuse and reassigning him instead of removing him from ministry. This became one of the earliest and most widely publicized institutional sex abuse settlements in Texas history, and it contributed to national scrutiny of the Catholic Church’s handling of abuse cases.
Texas Sexual Abuse Lawsuit Questions
Do I need a criminal conviction to file a civil lawsuit?
No and this is a huge misconception. You do not need a criminal conviction to pursue a civil lawsuit. Taking it a step further, you do not need to have even reported the sexual assault to anyone.
Is there an average Texas sexual abuse settlement?
There is no statewide average. But if we had one, it would not be helpful to you. No average can predict what your case is worth. The severity of the harm, the institution’s responsibility, the evidence, and available assets or insurance are key factors, but dozens more can drive the settlement amounts. The settlements and verdicts above can give you a range of values for a successful case. But that is all it can do.
Can I sue if the abuse happened years ago?
Often you can. Texas provides extended filing periods for specified sexual abuse claims, but historical law, tolling, the defendant, and the legal claim must be reviewed. Do not assume either that your claim has expired or that you have unlimited time.
What if I signed an arbitration agreement?
The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act often allows a qualifying survivor to choose court despite a predispute arbitration agreement. Its timing and other requirements need to be evaluated. Most cases we have do not involve arbitration agreements.
Do I need all my records before calling?
No. You need to just tell us your story. Messages, witnesses, medical records, and prior complaints can help, but you do not need to assemble a complete case before seeking a review.
Filing a Texas Sex Abuse Claim
If you are considering filing a civil lawsuit for sex abuse, contact us at 800-553-8082 for a free consultation.