How to Protect Yourself From Sexual Assault

Tragically, thousands of American women and men suffer from sexual abuse every year. There is no easy fix for this problem, but there are reasonable steps that we can all take to educate and protect each other from all forms of sexual abuse, including rape, molestation, and even sexual harassment. Below, we break down sexual violence prevention tactics that we can all implement into our daily lives.

If you or someone you love has endured sexual abuse, you may have grounds to file a civil lawsuit in the state of Texas. Call San Antonio sexual abuse lawyers today at 210-366-4949 to schedule a free consultation.

What is Sexual Violence in Texas?

Sexual violence (or sexual abuse) occurs when someone engages in physical conduct of a sexual nature without consent from the victim. Sexual violence is very common in the United States, with more than 50% of American women and nearly 1 in 3 American men enduring non-consensual sexual contact throughout their lifetimes. Many people believe that sexual abuse is just rape (forced penetration of any object or body part in the mouth, anus, or vagina), but it isn’t. In Texas, sexual abuse can also include:

• Indecent exposure is when a person intentionally shows their genitals to someone else without their consent.
• Taking, distributing, or showing sexual pictures/videos without someone’s consent.
• Any kind of unwanted sexual contact, including molestation, groping, and fondling.
• Incest is any sexual behavior that occurs between family members.
• Forcing a victim to perform sex acts on the perpetrator.
• Engaging in any kind of sexual activity with a minor (the age of consent is age 16 to 18 in certain states).
• Engaging in any kind of sexual activity while the victim is intoxicated, asleep, or unconscious.
• Sexual harassment includes any unwanted sexual encounters or activity (often within the workplace).
• Stealthing occurs when a sexual partner removes their condom during intercourse without the victim’s knowledge or consent.
• Knowingly transmitting an STD to a sexual partner without their knowledge or consent.
• Voyeurism occurs when a person watches someone else in their home or hotel room without their consent in order to receive sexual pleasure. Voyeurs commonly do this by placing hidden cameras throughout a person’s home or room.

Unfortunately, most cases (93%) of sexual abuse are committed by people that victims already know, such as friends, family members, coworkers, neighbors, employers, and even romantic partners. But it can also occur between strangers, as well as online through phones or social media.

Sexual abuse is a widespread problem that affects the lives, health, and overall well-being of victims for the rest of their lives. 94% of women who are raped begin experiencing symptoms of post-traumatic stress disorder within 2 weeks of their attack. Other victims may suffer from STDs, fertility issues, gastrointestinal issues, sleep disorders, sexual anorexia or other eating disorders, substance abuse and addiction, suicidal thoughts and desires, etc.

This means that most victims will spend their lives going in and out of therapy and their doctor’s office in order to cope and heal from their attacks. Frequent mental and physical healthcare is incredibly expensive in the United States, with an approximate lifetime cost of rape sitting around $122,461 per victim according to the CDC.

Sexual Violence Prevention in Texas

Sexual violence and sexual harassment prevention are key to the lifelong well-being of both women and men. There are plenty of signs of sexual abuse in children that we can look out for and therefore engage in preventative measures. There are also reasonable steps we can all take to educate each other and keep each other safe.

Below, we discuss several preventative measures for sexual abuse that everyone should keep in mind.

What is Consent and What Does it Look Like?

You know the saying: ‘ Knowledge is power. ‘ When it comes to sexual abuse prevention, knowledge is also key. Unfortunately, many children and teens are not taught about the basics of consent: what it is, what it looks like, and what it sounds like. Knowing the basics of consent can quite literally save lives.

Regardless of whether a child or teen wants anything, if they fall under the Texas age of consent law, they should speak with a parent beforehand to avoid any legal issues.

So, what is consent in the context of sexual activity? It’s a clearly and freely communicated agreement between partners about whether or not they can proceed with sexual behaviors. Consent can include both verbal and physical communication between partners. Consent is crucial for not only safety during sexual activity, but also for knowing the boundaries, likes, and dislikes of each partner.

A few indicators of consent can include nodding, prolonged eye contact, and smiling, but these indicators are not full consent in and of themselves. It’s important for partners to engage in verbal communication about whether it’s okay to proceed with each step of sexual activity. Some people may not want to go past a certain point, so partners should check in with each other throughout the sexual activity to make sure they still have consent. If one partner decides to withdraw consent (which is okay to do), the partner must respect that. If they don’t, they are committing sexual abuse.

You cannot consent to sexual activity if you’re intoxicated, unconscious, asleep, or under the legal age of consent. Consent that is given right after threats, pressure, intimidation, or manipulation is not actually consent. That’s because consent in these scenarios is not given freely. Lastly, consent cannot be freely given in sexual situations where there is a clear power imbalance. Some examples of power imbalances include sexual activities between family members, therapists and clients, doctors and patients, teachers and students, and supervisors and employees.

In short, not giving consent clearly or freely during any step of sexual activity is considered sexual abuse.

How to Respond if Someone is Pressuring You Into Sexual Activity

Pressuring someone into sexual activity is, unfortunately, very common. Remember, however, that giving consent after being pressured, intimidated, threatened, or manipulated is not genuine consent, as it’s not freely given. You don’t have to do anything you don’t want to do, especially if you feel unsafe. But when you’re being pressured or intimidated, you can easily enter fight, flight, or freeze mode and not know how to safely escape the situation.

Listed below are some possible escape tactics that you can use.

• Use Code Words With Loved Ones: If you’re being pressured into sexual activity and you need help from your loved ones, code words can come in handy. Basically, saying anything to your loved ones that secretly means “I need help” can help you safely and smoothly escape the situation. You could text a short series of numbers, say something like “I want to go to Hawaii this summer,” or even make a specific hand sign. That way, your loved one can swoop in and help you get out of the situation.
• Lie: In situations where you’re being pressured into engaging in sexual behaviors, you can lie. As children, we were all taught that lying is bad and that we should never do it. This is definitely true most of the time. However, if you feel unsafe, that rule needs to be set aside. Lie and say that you need to go to the bathroom, that you have to meet your friend for dinner in a few minutes, or that your sibling just texted you needing a ride home from school.
• Come Up With an Escape Plan: If you’re quite literally backed into a corner, look for ways to escape if you need to. Are there doors or windows nearby? Are there people nearby you, and if so, is there a way you could get their attention? Do you have pepper spray in your purse or on your keychain? Do you have your phone in your pocket?

At the end of the day, please remember that it’s not your fault that someone else is making you uncomfortable. You did not ask for this in any way, and this person is responsible for their own actions.

How to Prevent Sexual Harassment in the Workplace

Sexual harassment in the workplace occurs when employers or employees engage in nonconsensual sexual conduct that creates a hostile or offensive environment. Subtle forms of sexual harassment can include:

• Frequent sexually explicit jokes between the employer and the employee.
• Unwanted physical contact such as hand holding, pinching, hugging, placing a hand on the lower back, etc.
• Asking for or implying that sexual favors are necessary in order to keep a job or obtain work benefits.
• Making discriminatory remarks about someone’s sexual orientation.
• Using demeaning or sexist terms in reference to women in the workplace.

Even the most subtle forms of sexual harassment within a work environment are enough to make someone feel uncomfortable and unsafe.

Sexual harassment committed within the workplace can easily lead to full-blown sexual abuse, and therefore, it should not be tolerated. That’s why it’s so important for all managers to work towards a harassment-free workplace. Listed below are a few ways that employers can prevent sexual harassment on a daily basis.

• Implement a Strict Anti-Harassment Policy that clearly defines what sexual harassment is, clearly lists punishments for sexual harassment, lists a procedure for filing sexual harassment claims, and states that retaliation after sexual harassment claims will not be tolerated.
• Hold Annual Training Sessions for Employees: During these sexual harassment prevention training sessions, define sexual harassment, review sexual harassment claim procedures, and encourage employees to come forward at any time they feel unsafe or uncomfortable. Ensure that employees understand that sexual harassment will not be tolerated and that they deserve to feel safe and comfortable in their work environment.
• Hold Annual Training Sessions for Supervisors and Managers: During these sessions, discuss what constitutes sexual harassment and explain how to properly handle complaints if someone is sexually harassed. Educated employees and managers can play a significant role in preventing sexual harassment in the workplace.

To prevent sexual harassment in the workplace after these training sessions, both employers and staff members should be vigilant for warning signs that harassment is occurring. Additionally, employers should take all incidents of sexual harassment seriously in order to prevent them from happening again.

How to Prevent Sexual Assault While Drinking

The risk of sexual abuse occurring can go up in situations involving alcohol, such as parties. Alcohol can alter someone’s sense of judgment, speech, and control, making it easier for abusers to overpower victims. Additionally, parties and social settings present an excellent opportunity for abusers to spike drinks with “date rape drugs” such as Rohypnol. If you’re planning to attend a party, it’s essential to have a safety plan in place.

• Monitor Your Friends: It’s always a good idea to go to a party or a bar with a couple of friends that you trust. That way, you can all take an active role in looking out for each other. Ensure that you all plan to arrive and depart together. If someone wants to leave the party early, they should inform their group of friends immediately. If one of your friends looks like they’re in an uncomfortable situation, step in and help them get out of it.
• Create a Backup Plan: Party plans can definitely change on a whim. Make sure you have a backup plan to get home, whether that be through another trustworthy friend, a taxi, or a rideshare service. Ensure you have cash and a charged phone on hand so that you can take the necessary steps to stay safe and return home.
• Only Drink What’s Familiar: Large parties are not the best places to try out new drinks. You may not recognize every ingredient in the drink, and you may not know its strength or how it will affect your body. A few unfamiliar drinks can lead to you feeling sick, dazed, and out of control, which is not ideal for safe partying.
• Keep an Eye on Your Drink at All Times: Keep your drink within your hand or in your line of vision at all times. If you need to go to the bathroom or to the dance floor, ask a trustworthy friend to hold your drink or take it with you. Leaving a drink unattended provides a great opportunity for someone to spike it with drugs.
• Don’t Accept Drinks From Strangers: As a general rule of thumb, you should not accept a drink from anyone but a trustworthy friend or the bartender. Again, you never know who may be trying to give you the date rape drug.
• Check in with Your Body: Do you feel too intoxicated or out of control? If so, don’t accept any more drinks. Ask your friend for water or for a safe ride home.
• Call 911: If you believe that you or someone in your friend group has been drugged at a party, call 911 or get a ride to the nearest hospital. The healthcare professionals will run specific tests to determine which drug(s) have been ingested.

How to Prevent Sexual Assaults While Traveling in Texas

Traveling presents its own set of potential dangers, especially for women. Listed below are some basic tips and strategies for sexual violence prevention while in a new place.

• Share all your travel information (flight numbers, addresses, phone numbers, itineraries, etc.) with a close friend or family member so they can keep track of you and call for help if you don’t arrive at your destination.
• Research any taxis, buses, trains, or ridesharing companies that you may need to use at the new destination.
• Locate the nearest hospitals and police stations so you can access them if needed.
• Keep track of everything you drink at parties or bars.
• Be cautious when trusting new people, especially with your personal belongings and transportation.
• Create backup plans for potential unsafe situations. Look for doors, windows, hospitals, police stations, and bystanders. Keep your phone on you, and consider carrying some pepper spray as well. Make sure you have the phone numbers of the people you trust.

Can You Sue for Sexual Assault in Texas?

Yes, you can definitely sue for sexual abuse in Texas, especially if your physical and emotional well-being has suffered significantly since the abuse. In fact, Texas recently extended its statute of limitations for civil sexual abuse claims in Texas. In other words, victims now have more time to file sexual abuse claims than they did previously.

According to Texas law (HB 3809), victims of child sexual abuse now have 30 years from their 18th birthday to file civil sexual abuse claims. The statute of limitations for criminal sexual abuse claims in Texas depends on the specifics of the abuse incident. Be sure to speak with an experienced sexual abuse lawyer to determine whether you still have grounds to sue.

Common Sexual Abuse Cases in San Antonio, Texas

Boy Scouts of America

The Boy Scouts of America have faced numerous lawsuits for failing to prevent sexual assault, allowing predators to exploit vulnerable children. Despite known risks, inadequate background checks, poor supervision, and failure to act on reports of abuse have led to devastating consequences for victims. When organizations fail to protect children from sexual abuse, they can be held legally accountable. A San Antonio Boy Scouts sexual abuse lawyer can help survivors and their families seek justice and compensation for the trauma they have endured.

Church Leaders

Churches have a duty to protect their congregants, yet many have failed to prevent sexual assault by church leaders, allowing abuse to continue through negligence, lack of oversight, and failure to report misconduct. Victims, especially minors, have suffered lasting trauma due to institutional cover-ups and inadequate safeguards. When churches ignore warning signs or fail to address abuse, they can be held accountable. A San Antonio church leader sexual assault lawyer can help survivors seek justice and pursue compensation for the harm they have endured.

Physician Sexual Abuse

Hospitals and medical institutions have a responsibility to protect patients, yet many have failed to prevent sexual assault by doctors, allowing abuse to occur due to inadequate oversight, poor reporting systems, and failure to remove known offenders. Patients place trust in their doctors, but when that trust is violated, the emotional and physical consequences can be devastating. Healthcare facilities that ignore complaints or fail to implement proper safeguards can be held legally accountable. A San Antonio physician sexual assault lawyer can help survivors pursue justice and seek compensation for the harm they have suffered.

Counselor and Therapist Sexual Misconduct

Counselors and therapists are entrusted with the mental and emotional well-being of their patients, yet sexual assault by these professionals remains a serious issue. When institutions fail to implement safeguards, conduct proper background checks, or act on reports of misconduct, vulnerable individuals can suffer severe trauma. Counselors and therapists who abuse their position violate both ethical and legal standards, and the facilities that allow such behavior must be held accountable. A San Antonio counselor sexual assault lawyer can help survivors seek justice and compensation for the harm they have endured.

Lawyer For Failure to Prevent Sexual Assault in San Antonio, TX

If you or someone you love has suffered from sexual abuse from a therapist, a teacher, a clergy member, or a Boy Scout leader, you may have grounds to file a civil lawsuit in the state of Texas. The legal team at Janicek Law has decades of combined experience in handling all sorts of civil cases. We can support you, defend your legal rights, and help you fight for justice during this impossible time. Call 210-366-4949 to schedule a free consultation at Janicek Law today.