Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

If the survivor incurs any of the above expenses, she or he can apply to have them reimbursed through
CVC. The limit on CVC for any individual is $50,000, but an additional $75,000 is available if the victim’s
injury is “catastrophic and results in a total and permanent disability to the victim” (Tex. Code Crim.
Proc. § 56.42(a)-(b)). The additional $75,000 can go toward lost wages, and various other expenses
related to medical care and making the victim’s surroundings accessible, including new job training.
Finally, a survivor has 3 years from the time of the offense to submit an application to the Office
of the Attorney General. Note, however, that the 3-year deadline for CVC does not affect the
statute of limitations for any offense. Your local police department’s Crime Victim Liaison or the
prosecutor’s Victim Assistance Coordinator can provide specific information on how to apply for CVC
reimbursement. Alternatively, survivors can contact the Crime Victims’ Compensation office directly at
(800) 983-9933 (or (512) 936-1200 in Austin) or by email at crimevictims@oag.state.tx.us.
Civil Lawsuit
In some instances, a civil lawsuit against the perpetrator for money damages may be appropriate.
Sometimes, even if the perpetrator is convicted of a criminal offense and ordered to pay restitution, that
amount plus CVC still does not cover the survivor’s damages. If the perpetrator has been convicted, the
conviction can be used to prove liability to the survivor, leaving only the amount of damages to prove in
court. However, if the perpetrator does not have that much money, the lawsuit might not be worthwhile.
An award of money damages is only as useful to the survivor as the perpetrator is able to pay it.
Therefore, civil lawsuits are usually most appropriate against employers or other parties whose negligence
contributed to a sexual assault or other subsequent injury to the survivor. Those entities typically have
enough money to pay awards, so the lawsuit can actually be worthwhile to help the survivor defray her or
his financial burden.
An attorney specializing in tort lawsuits who is also familiar with sexual assault and victims’ rights can
assist the survivor in the decision whether to file a civil lawsuit. In any case, however, the survivor should
first seek reimbursement through CVC.
Asset Building – Individual Development Accounts (IDAs)
Individual development accounts are relatively new programs that assist people in building the assets they
need for long-term financial stability. Often, they take the form of savings accounts that match the account
holder’s deposits dollar-for-dollar. The account holder usually must state a purpose for the account, such
as owning a home, going to school, or opening a business. IDAs are not readily available in very many
Texas communities yet, but they are in some of the largest areas, including Dallas, Houston, El Paso, San
Antonio, Austin, and Abilene. For a full listing of organizations offering asset building programs, see the
Center for Enterprise Development’s website at: http://cfed.org/programs/idas/ida_directory/.
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