A San Antonio sexual abuse lawyer represents survivors in civil claims against the person who caused the harm, the institutions that enabled it, or both.
Texas Civil Practice and Remedies Code § 16.0045 generally provides a five-year limitations period for certain civil claims arising from sexual assault and a 30-year limitations period for claims arising from specified forms of childhood sexual abuse.
For many childhood claims, minority tolling means the deadline may extend until age 48, but older claims may be governed by prior law if the limitations period had already expired before the 2019 extension took effect.
This page exists to give you information, not to push you into a decision. You control what you share, when you share it, and whether you take any action at all.
Reading further does not commit you to anything. If you would like to talk through your options confidentially, the NMW Law Firm accepts inquiries at (210) 405-6641.
How Does the NMW Law Firm Handle Sexual Abuse Cases?
Our firm handles civil sexual abuse cases — alongside our broader San Antonio personal injury practice, with a focus on survivor autonomy, confidentiality, and clear communication about what the legal process actually involves.
Client-Directed Intake
Initial consultations are confidential and free. You decide what to share. Our attorneys do not require you to describe events in detail during the first conversation, and we do not press for information that is not necessary at that stage.
Many survivors want to understand their legal options before they discuss anything specific about what happened.
Working Within Trey's Law Protections
Trey's Law, which took effect September 1, 2025, applies to covered nondisclosure and confidentiality provisions in civil settlements entered into before, on, or after that date.
A covered provision that prevents disclosure of an act of sexual abuse or related facts is generally void and unenforceable, although special procedures apply to attempts to enforce agreements signed before the law took effect.
Other settlement terms, including the settlement amount and payment terms, may still be kept confidential if the parties agree.
Hugo Montes provides bilingual case handling in English and Spanish, which matters in a city where a large percentage of survivors and their families communicate primarily in Spanish.
Keith Bakker brings trial experience from complex civil litigation involving contested liability. Past results do not guarantee future outcomes, and results depend on the facts of each case.
What Legal Deadlines Apply to a Civil Sexual Abuse Case in Texas?
Adult survivors of sexual assault in Texas generally have five years from the date the cause of action accrues to file a civil lawsuit under Texas Civil Practice and Remedies Code § 16.0045(b).
Survivors of specified forms of childhood sexual abuse generally have 30 years from the date the cause of action accrues under § 16.0045(a).
Because the limitations period is tolled during minority, that 30-year window often runs until age 48 for qualifying childhood claims.
Why the Childhood Deadline Is Longer
The 30-year window for childhood cases came from House Bill 3809, which took effect September 1, 2019. Before that bill passed, survivors had 15 years from turning 18 to file a civil case.
The Texas Legislature extended the deadline because survivors of childhood abuse often need years or decades before they are ready to come forward.
When the 2019 Extension Does Not Apply
HB 3809 applies to claims accruing on or after September 1, 2019, and to previously accrued claims only if the former limitations period had not already expired when the new law took effect.
A claim that was already time-barred under the prior 15-year rule was not revived by the extension. Whether the current 30-year period, an older limitations period, or another rule applies depends on the facts of your specific case.
What the Deadline Does Not Cover
The five-year and 30-year civil deadlines govern civil lawsuits seeking money damages. They do not govern criminal prosecution, which runs on a separate timeline.
Some criminal offenses involving child sexual abuse have no statute of limitations under Texas law. You may report to law enforcement at any time regardless of the civil deadline.
Who May Be Held Liable in a San Antonio Sexual Abuse Civil Case?
Both the person who caused the harm and any institution that enabled or ignored it may be named as defendants in a civil case.
Texas law recognizes institutional liability in cases involving churches, schools, youth organizations, sports programs, foster agencies, medical providers, and employers.
This means a survivor may pursue a claim even if the person who caused the harm has died, disappeared, or lacks assets.
Institutional Liability in Bexar County
Cases involving institutional negligence are frequently filed in Bexar County District Court. Several categories of San Antonio institutions have historically appeared as defendants in these cases.
- Religious organizations, including dioceses, parishes, and independent churches
- Public and private schools, including Northside ISD, North East ISD, and religious school systems
- Youth organizations, sports leagues, scouting programs, and summer camps
- Foster care providers and residential treatment facilities operating in Region 8
- Medical practices, mental health providers, and licensed care facilities
An institutional negligence claim usually rests on evidence that the organization knew or should have known about the risk and failed to act.
This might include prior complaints, ignored warnings, inadequate background checks, or policies that gave the person access to vulnerable individuals. Texas law sets specific requirements for when a survivor can sue an institution directly.
Can You File a Civil Sexual Abuse Case Without Using Your Real Name?
A survivor may ask the court for permission to proceed under a pseudonym such as Jane Doe or John Doe.
Courts may grant that protection in cases involving highly private matters such as sexual abuse, but pseudonymous filing is not automatic and depends on the circumstances and the court's ruling.
How the Court Weighs a Pseudonymity Request
A pseudonymous case still moves through the same procedural steps as any other civil suit. The court reviews a motion to proceed anonymously, weighing the survivor's privacy interest against the presumption of open judicial proceedings.
When a court grants the motion, public filings typically refer to the plaintiff by the assigned pseudonym, though the scope of that protection depends on the specific order the court enters.
The defendants and their attorneys learn the plaintiff's actual identity because they need it to defend the case. Anyone who learns the identity through the litigation is bound by any applicable protective order and may face sanctions for violating it.
What Pseudonymity Does Not Do
Pseudonym orders address public identification in court records, but they are not a shield against every form of exposure.
Trial itself may require the survivor to testify, and while courts often allow accommodations, the survivor's identity may become known to those in the courtroom.
An attorney familiar with civil abuse litigation may help you understand what protections your specific court may grant and where their limits are.
What Compensation Is Available in a Texas Sexual Abuse Civil Case?
Civil sexual abuse cases in Texas may recover economic damages for financial harm and noneconomic damages for the personal and emotional impact.
In cases involving particularly egregious conduct or institutional cover-up, exemplary damages may also be available under Civil Practice and Remedies Code § 41.003, which requires clear and convincing evidence of fraud, malice, or gross negligence.
The table below shows the general categories of damages available in a civil sexual abuse case in Texas.
| Damage Category | Type | What It May Cover |
| Medical expenses | Economic | Past and future therapy, psychiatric care, medication, and physical treatment |
| Lost income | Economic | Wages lost during recovery and reduced earning capacity from lasting effects |
| Pain and suffering | Noneconomic | The physical and emotional impact of the harm |
| Mental anguish | Noneconomic | Anxiety, depression, PTSD symptoms, and long-term psychological effects |
| Loss of enjoyment of life | Noneconomic | The impact on relationships, activities, and quality of life |
| Exemplary damages | Punitive | Available where clear and convincing evidence shows fraud, malice, or gross negligence |
The value of any individual case depends on the strength of the evidence, the identity and resources of the defendants, and how the harm has affected the survivor's life.
An attorney may give you a realistic sense of what a case might be worth after reviewing the specific facts.
Do You Need to Report to Police Before Filing a Civil Case?
No, a police report is not required to file a civil sexual abuse case in Texas. Civil cases proceed independently of any criminal case, and a survivor may file a civil suit whether or not they ever reported to law enforcement.
However, a police report or criminal case may support the civil case by providing evidence and preserving statements.
Civil and Criminal Cases Run on Different Tracks
Criminal cases are brought by the state and require proof beyond a reasonable doubt, the highest legal standard. Civil cases are brought by the survivor and use the lower preponderance of the evidence standard.
A civil case may succeed even when a criminal case does not, and a civil case may be filed years after the criminal statute of limitations has expired.
What Evidence Supports a Civil Case Without a Police Report
Civil sexual abuse cases may be built from a range of evidence sources that do not depend on law enforcement involvement. Common evidence sources include the following.
- Contemporaneous journals, letters, texts, or emails describing what happened
- Statements to therapists, doctors, teachers, family members, or friends at the time
- Records showing the survivor and the defendant were together at relevant times
- Testimony from other survivors of the same person or institution
- Institutional records showing prior complaints or warning signs that were ignored
An attorney experienced with civil abuse cases may help identify what evidence exists and how to preserve it, including social media evidence. Some of these records, particularly institutional documents, may become harder to access as time passes.
Past Case Results
What Does It Cost to Hire a San Antonio Sexual Abuse Lawyer?
NMW handles civil sexual abuse cases on a contingency fee basis. You pay nothing to consult with us. You pay nothing during the case.
Our firm collects a fee only if the case results in a financial recovery, and the fee comes as a percentage of that recovery rather than as an out-of-pocket bill.
The contingency arrangement matters because it removes any financial pressure from the decision to explore your options. A confidential initial conversation costs you nothing and does not commit you to filing anything.
FAQs for San Antonio Sexual Abuse Lawyer
What if the abuse happened in a different state than Texas?
It depends on where the events occurred and where the defendants are located. If the harm happened outside Texas but the survivor now lives in San Antonio, an attorney may evaluate whether a Texas court has jurisdiction or whether the case belongs in another state.
Some cases involve claims in multiple jurisdictions with different limitations periods.
Are civil sexual abuse settlements taxable?
Generally, compensatory damages for personal physical injuries or physical sickness are excluded from federal income tax under IRS rules.
Damages for emotional distress not tied to a physical injury may be treated differently, and exemplary damages are generally taxable. Consulting a tax professional before accepting a settlement is a good practice.
Can I file a case involving abuse that happened in the military?
Maybe, cases involving conduct that occurred on military installations like JBSA-Lackland or Fort Sam Houston may involve federal jurisdiction, the Federal Tort Claims Act, or other overlapping systems.
These claims have their own rules and deadlines separate from Texas civil law. An attorney with experience in these overlapping systems may evaluate the available options.
Can I bring a civil case if the person who caused the harm is deceased?
Yes, generally you may bring a civil case against the estate of a deceased defendant or against institutions that share responsibility for the harm. Estate claims must be brought within specific timeframes set by Texas probate law.
Institutional claims remain subject to the civil statute of limitations regardless of whether the individual defendant is living.
What happens during a free consultation?
The consultation is a conversation, not an interrogation. You share what you are comfortable sharing, ask any questions you have, and leave with a clearer sense of your legal options.
There is no obligation to hire us or to pursue a case. The conversation is confidential regardless of whether we work together.
Talk Through Your Options with a San Antonio Sexual Abuse Lawyer
Whether you still have time to bring a civil claim depends on when the abuse occurred, your age at the time, the conduct involved, and whether an earlier limitations period had already expired.
Some childhood sexual abuse claims remain actionable decades after the abuse occurred, while other claims have much shorter filing periods.
A confidential conversation with an attorney is the reliable way to find out which rules apply to your situation. Confidential consultations with the NMW Law Firm are available at (210) 405-6641.
This page is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with the NMW Law Firm. Past results do not guarantee future outcomes, and results vary based on the facts of each case. Nicholas M. Wills is the attorney responsible for the content of this page. Principal office: 3 Greenway Plaza, Suite 1575, Houston, TX 77046.