The legal system can feel foreign, cold, and intimidating — especially after trauma. But understanding your rights is one of the most empowering things a survivor can do. You are not obligated to pursue every legal avenue, but knowing what's available gives you options. And options mean control.
This article is an educational overview, not legal advice. For guidance specific to your situation, we strongly encourage you to connect with a legal advocate or pro bono attorney. Our Resource Map includes vetted pro bono legal services in your area.
Criminal vs. Civil Law: What's the Difference?
Sexual violence can be addressed through two separate legal systems:
- Criminal law: The government prosecutes the perpetrator. The standard is "beyond a reasonable doubt." You are a witness, not a party to the case, and you do not control whether charges are filed.
- Civil law: You sue the perpetrator (or an institution) for damages. The standard is "preponderance of evidence" (more likely than not). You control whether to file, and you may receive financial compensation.
These two paths are independent — you can pursue one, both, or neither.
Criminal Reporting
Reporting to law enforcement initiates a criminal investigation. This can lead to arrest, prosecution, and incarceration. Things to know:
- You can report at any time — statutes of limitations vary by state and crime, but many have been extended for sexual offenses
- You have the right to have an advocate present during police interviews
- You have the right to request a same-gender officer
- If your report is mishandled, you can file a complaint with the department's internal affairs or a civilian oversight body
- Recanting a report is not a crime, though it may complicate a case
Title IX — Your Rights at School
If the sexual assault occurred at or involved a school, college, or university that receives federal funding, Title IX protects you. Under Title IX:
- Your school must have a process for reporting and investigating sexual misconduct
- You have the right to a prompt, impartial investigation
- You can request interim measures (like changing classes or housing) while the investigation proceeds
- You have the right to an advisor of your choice — including an attorney — during proceedings
- Both parties have the right to appeal the outcome
Title IX complaints can also be filed directly with the U.S. Department of Education's Office for Civil Rights (OCR) if you believe your school failed to respond appropriately.
Protective Orders
A protective order (sometimes called a restraining order) is a civil court order that legally prohibits the perpetrator from contacting or approaching you. In Texas, these include:
- Emergency Protective Order (EPO): Issued by law enforcement at the time of arrest, lasts 31–91 days
- Temporary Ex Parte Order: Can be issued without the abuser present, lasts up to 20 days
- Final Protective Order: Lasts up to 2 years (or longer in some cases) after a court hearing
Violating a protective order is a criminal offense. You do not need an attorney to apply, but having one improves outcomes significantly. Many organizations offer free legal help for protective orders.
Civil Lawsuits
A civil lawsuit allows you to seek financial damages from the perpetrator — or from a third party whose negligence enabled the assault (such as a university, employer, or hotel). Civil suits can be filed even when criminal charges were not pursued or resulted in acquittal. Key points:
- Statutes of limitations vary — act promptly to preserve your options
- Many sexual violence civil attorneys work on contingency (no upfront cost)
- Evidence from a criminal case can sometimes be used in a civil suit
Victim Compensation Funds
Every U.S. state has a Crime Victims Compensation (CVC) program that can cover out-of-pocket expenses related to the crime — including medical bills, counseling, lost wages, and more. You do not always need a conviction to qualify. In Texas, contact the Office of the Attorney General's Crime Victims' Services Division.
Pro Bono Legal Help
You don't need money to access legal support. Many attorneys and organizations offer free legal help to survivors, including assistance with:
- Protective orders
- Title IX complaints
- Victim compensation applications
- Civil suits
- Immigration status protections (VAWA, U-Visa)
"I didn't think I could afford a lawyer. My advocate connected me with a pro bono attorney who helped me get a protective order in less than two weeks."
— SWF Community Member
Use our Resource Map to find pro bono legal services near you, or contact Summer Willis Foundation for help navigating your options.