Texas Sex Abuse Lawsuit

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.

In this post, we will look at the process of filing a civil lawsuit for sexual abuse in Texas. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.

Texas Sex Abuse Lawsuit Updates:

July 24, 2024: A Dallas woman became one of the most recent victims to join the Uber driver sexual assault class action MDL. The woman filed a complaint in the MDL in which she says her Uber driver pulled off on the side of the road and attempted to rape her in the back seat of his car. She was eventually able to fight him off, but not before he ripped off her pants and left her emotionally scarred. The incident occurred in the Dallas arts district.

June 24, 2024:  An appellate court in Houston has decided two cases involving Tran Dang, a participant on the reality TV show “Love is Blind,” who alleged she was sexually assaulted by another participant during filming. The results were mixed for the plaintiff.

In one case, Kinetic Content, the producer of the show, appealed the trial court’s denial of its special appearance, arguing that the court lacked personal jurisdiction over it because it was not directly involved in Dang’s recruitment or employment and had limited contacts with Texas. The court found that Kinetic had sufficient contacts with Texas to justify jurisdiction over Dang’s false imprisonment and negligence claims but not the assault claims, resulting in a mixed ruling where the case was remanded for further proceedings.

In another related case, Kinetic Content appealed the trial court’s denial of its motion to dismiss Dang’s motion for sanctions under the Texas Citizens Participation Act (TCPA). Kinetic argued that Dang’s motion for sanctions qualified as a “legal action” under the TCPA, which aims to protect constitutional rights and dismiss meritless lawsuits. The appellate court disagreed, stating that the right to impose sanctions belongs to the court, not the party, and thus does not qualify as a “legal action” under the TCPA. Consequently, the appellate court affirmed the trial court’s denial of Kinetic’s TCPA motion to dismiss.

June 14, 2024:  The families of two girls allegedly sexually abused by a former Boerne gymnastics coach are suing the coach, Boerne Gymnastics Center, its owner, and USA Gymnastics for failing to protect the children.

Filed in state district court, the lawsuit names former coach Michael Spiller, Boerne Gymnastics Center owner Lorna Spellman, and USA Gymnastics, the national governing body for the sport.  The sex abuse lawsuit, representing two girls abused in 2022 at ages 9 and 10, seeks unspecified damages of $1 million or more for physical and mental suffering, medical expenses, loss of earning capacity, and legal costs.

The lawsuit alleges that Spiller had a history of sexual abuse dating back to 1983 and that Spellman, aware of these allegations, did nothing to prevent further incidents. The suit claims Boerne Gymnastics fostered a culture that allowed Spiller’s behavior to persist and failed to properly train, supervise, or retain him.

Spiller is in jail serving a ten year sentence.

June 3, 2024: In Doe v. Lorena Independent School District, the U.S. District Court for the Western District of Texas addressed a case involving a pre-kindergarten student, Jane Doe, and another student, identified as “Student A,” who was sexually abused by a substitute teacher. The teacher was charged with sexual abuse and sent to jail for 40 years without the possibility of parole.

The family filed a lawsuit against the school district, alleging multiple failures by the school administration to respond to reports of the substitute teacher’s vile behavior, which included lying under a blanket with students and locking the classroom door with students inside. All warning signs for abuse, which is exactly what was happening to this five-year-old child.  He was sexually abusing the child and convincing her that he was her boyfriend.   Despite several reports from staff members about the teacher’s conduct – they actually took pictures of what he was doing, according to the lawsuit – the administration did not take effective action, allowing the abuse to continue.

The allegations against the perpetrator are always awful in these cases.  But the claims against the school district are also punitive damages level awful.  School officials were given easy opportunities to protect that child on a level that is rarely seen in sex abuse lawsuits.  The parents also allege in their lawsuit that not only did the school district sit idly by as their child was raped and molested, but it also disparaged the family after they dared question how the teacher was able to repeatedly abuse Jane Doe at school, saying they only wanted to hurt the school.  If true, that is next level “blame the victims,” and those employees should be fired.

This case is ongoing. A few weeks ago, the school district’s audacious attempt to dismiss the case was summarily shot down.

May 16, 2024: The families of two girls who were allegedly sexually abused by a former Boerne gymnastics coach are suing the coach, the Boerne gym where he worked, and a national gymnastics organization, claiming they failed to protect the children. The lawsuit names gymnastics coach Michael Spiller, Boerne Gymnastics Center and its owner Lorna Spellman, and USA Gymnastics. Filed in state district court, the suit seeks damages of $1 million or more for physical pain, suffering, mental anguish, medical expenses, loss of earning capacity, loss of household services, and legal costs.

The suit alleges that Spiller molested the girls during a 2022 gymnastics class, despite previous allegations of abuse dating back to 1983. It claims Spellman knew about these allegations but failed to take action, fostering a culture that allowed such behavior to persist. Additionally, it accuses USA Gymnastics of certifying Spiller as a coach despite multiple allegations and maintaining Boerne Gymnastics Center as a certified training facility. The lawsuit argues that this negligence misled parents into believing their children were safe. Both the Boerne Gymnastics Center and USA Gymnastics have declined to comment on the pending litigation.

April 25, 2024: Several women have filed a lawsuit against a Baptist megachurch in Houston and the Southern Baptist Convention, accusing them of enabling a sexual predator to serve as a youth minister. The suit, filed in Texas state court, alleges that the church, Champion Forest Baptist Church, and its leaders not only sheltered the convicted predator, Timothy Jeltema, but also enabled him to destroy evidence. Jeltema, who is now serving a prison sentence, admitted to sexually abusing approximately 25 girls.

The complaint details how Jeltema exploited his position of trust and authority to sexually abuse teenage girls from the church, who were aged between 14 and 16 at the time of the incidents. The church is accused of failing to establish protective boundaries, thereby facilitating Jeltema’s predatory behavior. The lawsuit claims that the church dismissed Jeltema only after his behavior was reported and failed to promptly inform other potential victims or their parents. It also highlights an incident where church leaders tried to intimidate law enforcement and influence the investigation, further endangering the victims and obstructing justice.

The plaintiffs are seeking over $1 million in exemplary damages, citing negligent hiring, failure to report child abuse, and gross negligence by the church. The lawsuit aims to hold the church accountable and, importantly for many of these women, prevent future misconduct in faith-based organizations.

April 23, 2024: Dr. James Wasson is an obstetrician/gynecologist in Tyler, TX.  Our research suggests he was a member of the UT Health Jacksonville, but he is no longer listed as a provider at any UT Health East Texas facility.

We are unaware of a single lawsuit against this doctor or any criminal charges against him. To summarize, we have no solid evidence that this doctor has ever done anything wrong.

So why are we talking about him?  The reviews. Many of the reviews say he is awesome. But there is a theme to the reviews that makes us ask if anyone has had a bad experience.

March 29, 2024: A plastic surgeon from the Houston area has been ordered by a Texas appeals court to respond to allegations of sexually assaulting a patient during her recovery from breast augmentation surgery. The court concluded that the patient is not required to provide expert testimony to prove that sexual assault does not adhere to accepted medical practice.

The First Court of Appeals’ three-justice panel dismissed the surgeon’s ridiculous claim that the patient needed to present a medical expert’s report to proceed with her lawsuit. The focus of the patient’s allegations is on inappropriate contact that clearly does not pertain to the medical procedure performed.

What is the case about? The patient has accused the surgeon of engaging in sexual misconduct while she was in the recovery room post-surgery in October 2022, including making inappropriate physical contact with her. She initiated a sex abuse lawsuit against the surgeon and his practice, alleging assault, sexual assault, intentional infliction of emotional distress, negligence, and gross negligence.

February 22, 2024: A Catholic priest from Brownsville, Texas has been arrested and charged with child molestation and sex trafficking. The priest, Fernando Gonzalez Ortega, was promptly removed from his duties by the church following the arrest.

February 24, 2023: A new law was formally introduced in the Texas legislature (Tx. H.B. 206) that would fully eliminate the statute of limitations period for victims of child sexual abuse to bring civil lawsuits.

Filing a Civil Lawsuit for Sex 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. Texas’s court rules allow victims to keep their names confidential and use “Jane Doe” or initials in court filings.

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. Third parties such as schools and churches can be held liable in sex abuse cases based on negligence. 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, the school can be named a third-party defendant. The school can be held liable for failing to investigate, negligent supervision, or negligent hiring. 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 various 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 have a duty to 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.

What Constitutes Sexual Abuse Under Texas Law?

Texas Statute of Limitations for Sex Abuse Lawsuits

A statute of limitations is a law that bars legal claims that are too old from being filed in court, favoring more recent cases and victims who come forward quickly about what happened to them.  For most injury cases in Texas, the statute of limitations is very short – just 2 years. Fortunately, the statute of limitations for sex abuse cases involving child victims is much longer.

Under Texas law, if the sexual abuse took place when the victim was a child (under age 18) then that victim has until their 48^th birthday (30 years after they turn 18) to file a civil lawsuit based on that abuse. Texas Civ. Prac. & Rem. Code § 16.0045(a)

For cases in which the victim of the sexual abuse or assault was an adult, the statute of limitations is usually 5 years under Texas Civ. Prac. & Rem. Code § 16.0045(b).

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:

• $325,000,000 Verdict (2023): The plaintiff filed this lawsuit against her grandfather (a wealthy businessman) alleging the 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 largest sexual assault verdict is Texas history.
• $6,750,000 Million 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 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 victims 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 and assault family violence. They also alleged that the moving company was negligent in failing to do a background check before hiring the employee.
• $4,500,000 Verdict (2016): The plaintiff, a young boy, was sexually abuse and assaulted over a 2 year period 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 of its staff who were entrusted with the care of minor children. There is no description of the nature of the abuse, but it was presumably not very severe given the low settlement amount.
• $73,000 Verdict: 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. The plaintiff was sexually assaulted by a male classmate 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.

Filing a Sex Abuse Claim

If you are considering filing a civil lawsuit for sex abuse, contact us at 800-553-8082 for a free consultation.

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