Types of Cases - Kevin Madison

Sexual Assault and Rape

Any type of sexual activity that you do not agree to participate in is sexual assault. It can be anything that forces a person to join in unwanted sexual contact or intercourse. It can be by a stranger, family member, spouse, or boyfriend.
Most sexual assaults are perpetrated by someone the victim knows. It includes voyeurism, exhibitionism, incest, child molestation, unwanted sexual deviations perpetrated by a spouse or boyfriend, including un-consented sex with stranger, un-consented bondage, and un-consented sexual sadism.

Date Rape

“Unconsented sexual activity between people who are known to each other either platonically or sexually is called “date rape.” This form of sexual assault occurs during a social interaction between the rapist and the victim. It may be planned or spontaneous. A Bureau of Justice study reported that the majority of women raped, 68 percent, knew their rapist as a boyfriend, friend or casual acquaintance. From Bureau of Justice Special Report: Intimate Partner Violence, May 2000.

Sexual Harassment

Sexual Harassment is lewd, obscene, harassing conduct by an employer, which may be coupled with inappropriate touching, groping, fondling, or unwanted sexual contact by an employer. Many times sexual harassment includes repeated sexual comments, sexual innuendo, and unwanted sexual touching or unwanted sexual contact by an employer.

Physical Assault

Physical Assault is unwanted contact usually resulting in bodily injury, such as a black eye, bruising, broken bones, or fractures. Physical assault can also include unwanted touching or groping. In Texas a person can bring a civil cause of action for an assault, unwanted touching, that does not cause a physical injury. This would include assaults such as slapping another person in the face, touching another person on their breast or genitals without their consent.

Domestic Violence

Domestic Violence is physical abuse directed toward a spouse, girlfriend, or domestic partner. Usually this is seen as physical violence by men against women, however, there are cases involving assaults by women on their husbands or boyfriends and between same sex domestic partners. Domestic violence includes threats of violence, intentional infliction of emotional distress, mental abuse, mental cruelty, infliction of fear and submission, and may include forced or rough sex or rape against a spouse, partner or girlfriend. The common thread in these cases is control by the abuser.

Hate Crimes

A hate crime is a crime, usually an assault, motivated by race, religion, disability, gender or ethnicity, national origin, or other prejudice. The most common situations include assaults against persons of another race or religion or attacks on a person due to their sexual preferences.

Wrongful Death

Wrongful death is a personal injury case against another person or entity that resulted in fatal injuries that caused the victim’s death. A cause of action for wrongful death against the negligent or reckless person or entity that caused the death actually “survives” the death of the victim. Wrongful death actions can be pursued by the surviving spouse, child, or parent of the deceased victim in Texas. These cases include motor vehicle collisions, car accidents, motorcycle accidents, boating accidents, pedestrian-auto accidents, bicycle-auto accidents, and death caused by a dangerous piece of machinery or dangerous product, death caused by an accident at a job site or the workplace.

Injury or Death Caused by Drunk Drivers

Our firm represents victims of car accidents, motor vehicle collisions, motorcycle accidents, bicycle accidents, and boating accidents caused by drunk drivers, intoxicated drivers, and impaired drivers. This includes injury or death of pedestrians, motorcyclists, bicyclists, passengers, and other drivers caused by drunk, intoxicated, or impaired drivers.

Injury or Death from Car, Motorcycle or Boating Accidents

Our firm represents victims of motor vehicles collisions, motorcycle collisions, and boating collisions caused by negligent and reckless drivers. This includes injury or death of a pedestrian, passenger, or other driver caused by a negligent or reckless driver.

Unconsented Videotaping

In Texas, it is illegal to secretly videotape or photograph a person who is nude or in a state of undress without their consent. This type of illegal action is an Invasion of Privacy of the victim and entitles the victim to sue the perpetrator for monetary damages in a court of law. It is also illegal to stalk someone and invade their privacy by following them and gaining access to their personal and private lives. This includes persons who illegally intercept others email accounts or hack into email accounts to read their victim’s personal emails. A victim of an Invasion of Privacy, like this, can sue the perpetrator for money damages and also seek a permanent injunction from a court to prevent the perpetrator from coming near the victim again or bothering the victim.

Sexually Transmitted Disease Claims

In Texas, persons, who intentionally, recklessly, or negligently infect their spouse or lover with a sexually transmitted disease may be held civilly liable for monetary (money) damages for an injured party’s: (1) mental anguish; (2) physical pain; (3) physical impairment or disfigurement (scarring); (4) past and future medical bills and prescription anti-viral prescription costs; (5) lost wages for time lost at work; and (6) possible punitive or exemplary damage awards from a jury.