A primer on the law in Texas for victims of Sexual Exploitation committed by Doctors, Psychiatrists, Psychologists, Family Counselors, and even religious leaders such as Ministers, Priests, Rabbis who violate their Code of Ethics and have sexual relations with their patients or members of their congregation.

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Legal Remedies for Victims of Sexual
Exploitation and Sexual Abuse
committed by Doctors, Psychiatrists,
and other Professionals in Texas ©
Attorney Kevin R. Madison
Former Chief of Police
Former Assistant District Attorney
www.kevinmadison.com
Principal Office located in Austin, Texas
Cases handled throughout the State of Texas
Trained TAASA Victim Advocate
B.A. Psychology UT-Austin with Honors

2. What this Slideshare Presentation
will educate you about Texas laws
 Identifying civil causes of action available to victims of
Sexual Exploitation and Abuse, including victims abused
by doctors, clergymen, psychologists, psychiatrists,
therapists, and lawyers having improper sexual
relationships with their patients/clients.
 Understanding the benefits of civil causes of action
 Understanding the differences in burdens of proof in
civil cases as opposed to criminal cases
 Understanding and Reviewing “Statutes of Limitations”
 Identifying Damages that crime victims may be able to
recover
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3. Sexual Exploitation cases are accepted throughout the
State of Texas by The Law Offices Of Kevin R. Madison
What is Sexual Exploitation?
Sexual Exploitation is defined in the Texas Civil Practice and
Remedies Code in Chapter 81.
Sexual Exploitation is improper touching, sexual contact,
lewd behavior (without physical contact), and “sexual
treatment” of a mental health patient by any mental health
professional, which includes your family doctor, your
therapist, your psychologist or psychiatrist. Even religious
counselors are included in this law, such as: Ministers,
Deacons, Rabbis, and Priests.
“Sexual Exploitation” is illegal and a victim can sue the
person who sexually exploits them.
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Criminal Process
• Report to Law Enforcement
• Police Investigate Case
• Presentation to Grand Jury
• Grand Jury Indicts (or “No Bill”)
• Criminal Trial Process Begins
• Months of Time or Years Pass
• Court Re-sets and Continuances
• Trial or Plea Bargain Agreement
• Dismissal of Hard to Prove Cases

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Civil Litigation...Why?
Catharsis- Regaining Control for Victim
Public awareness of Abusers
Possibility of Settlement or Judgment
Faster Track than Criminal Case
Don’t have to wait until Criminal Case is
Over
Easier Burden of Proof than a criminal
case: Preponderance of the Evidence
Monetary Damages

6. BURDEN OF PROOF
. . . is the level of proof required in a legal action required to
prove the allegation asserted.
Beyond a Reasonable Doubt: the highest level of proof,
required in all criminal trials in the United States. Defendant
presumed innocent.
Clear and Convincing Evidence: The next highest level of
proof, used in family law curt cases- the high standard
required to terminate a parent-child relationship.
Preponderance of the Credible Evidence: the lowest
level of proof, used in these civil trials; typically means
“more likely than not.” All that is required is to tip the scales
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7. BURDEN OF PROOF
In civil cases the scales are even, unlike in the criminal
arena, where the defendant is presumed innocent and
scales are tipped for defendant at the start of the trial.
All is takes to prevail in the civil justice system is to tip the
scales in favor of the plaintiff. A 51% to 49% (more likely
than not) weight of the credible evidence will win.
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SEXUAL EXPLOITATION BY WACO DOCTOR

9. Sexual Exploitation of Patient
by a Mental Health Provider
TCPRC, Chapter 81:
Mental Health Service Providers such as
Licensed Social Workers, Chemical Dependency
Counselors, Licensed Professional Counselors,
Licensed Marriage and Family Therapists,
Clergy, Physicians, and Psychologists are Liable
to patients and former patients for damages for
sexual exploitation if the patient or former
patient suffers a physical, mental, or emotional
injury caused by, resulting from, or arising out of:
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10. SEXUAL EXPLOITATION BY MENTAL
HEALTH CARE PROVIDER
TCPRC, Chapter 81
(a) Sexual Contact Between patient
and Provider;
(b) Sexual Exploitation of patient by
Provider; or
(c) Therapeutic Deception of patient by
Provider.
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11. Sexual Exploitation of Patient
by a Mental Health Care Provider
Statute of Limitations: Three (3) Years
TCPRC 81.009
Actual Damages:Medical Bills
Mental Health Counseling Bills
Mental Anguish & Physical Pain
Physical Impairment
Lost Wages
+ Attorney’s Fees
+ Punitive Damages
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12. Sexual Exploitation of Patient
by a Mental Health Care Provider
TCPRC, Section 81.004:
A Plaintiff who prevails may recover actual
damages, including damages for mental
anguish even if an injury other than mental
anguish is NOT shown.
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13. Sexual Exploitation of Patient
by a Mental Health Care Provider
TCPRC, Section 81.005(a):
It is NOT a defense that the sexual exploitation of
the patient or former patient occurred:
(1) with the consent of the patient;
(2) outside the therapy or treatment sessions; or
(3) off the premises regularly used by the mental
health services provider for therapy or treatment.
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NON-DISCHARGEABILITY
IN BANKRUPTCY PROCEEDINGS
11 USCS § 523(a)(6) §523. Exception to discharge
A defendant who commits an Intentional Tort,
such as Assault, Sexual Assault, or Sexual
Exploitation is forbidden by federal law from
being able to file for bankruptcy and discharge
any civil judgment against him if he caused...
...a willful and malicious injury to another
person or entity

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Attorney Kevin Madison has been successful suing
and obtain money settlements for victims of:
SEXUAL ASSAULT
SEXUAL MOLESTATION BY A DOCTOR
CONSENSUAL* SEXUAL CONTACT BETWEEN DOCTORS & PATIENTS
LAWYERS PRESSURING CLIENTS TO HAVE SEX WITH THEM**
* There is no such defense as “consent” when a doctor, psychiatrist,
psychologist, therapist, minister, priest, rabbi violates their fiduciary
duty and convinces a patient to have sexual relations with them!
**The same is true if a lawyer has sex with a client. This is highly
unethical conduct and a violation of their fiduciary duty to client. We
love to sue lawyers who violate their ethical duties to clients.

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SEXUAL ASSAULT
Texas Penal Code, Section 22.011
Statute of Limitations: Five (5) Years
TCPRC, Sec. 16.0045
Actual Damages:Medical Bills
Mental Health Counseling Bills
Mental Anguish & Physical Pain
Physical Impairment
Lost Wages
Punitive Damages:NO LIMITATION
TCPRC, Sec. 41.008(c)

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SEXUAL ASSAULT BY DALLAS DOCTOR

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Tips to Help Assault Victims
This is a list of top legal rights that can
assist Assault Victims.
This list is not meant to be comprehensive,
but rather is a list of legal rights that most
crime victim attorneys feel are important to
help our crime victim clients.

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Magistrate’s Order for Emergency Protection, TCCP
Article 17.292.
Originally for family violence victims, but now includes
victims of sexual assaults, dating violence, and stalking
Order valid for 31-61 days, unless deadly weapon used
then order extends to 91 days.
Judge can issue on own motion or request by victim or
police officer.
Emergency Protective OrdersEmergency Protective Orders
Texas Code of Criminal Procedure, Article 17.292Texas Code of Criminal Procedure, Article 17.292

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Prohibit a defendant from:
– Committing further acts of violence against victim
– Communicating with victim in threatening or harassing
manner
– Going near victim’s home, school, or place of
employment
– Possessing a firearm
– Punishable by up to year in jail + $4,000 fine

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Sexual Assault ExamsSexual Assault Exams
Texas Code of Criminal Procedure, Article 56.045Texas Code of Criminal Procedure, Article 56.045
Victims have right to sexual assault
examination that is paid for by the state.
Victims have the right to have an advocate
from a sexual assault program with them
during the sexual assault forensic medical
examination.

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Sexual Assault HIV TestingSexual Assault HIV Testing
Texas Code of Criminal Procedure, Article 21.31Texas Code of Criminal Procedure, Article 21.31
• If requested by victim or ordered by the court,
testing is mandatory for anyone indicted for
sexual offense.
• Results are released to local health authority
• Health authority reports the results to victim
• Results of the test cannot be used in
prosecution
• This testing is different from CODIS database
testing for offenders.

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PseudonymsPseudonyms
Texas Code of Criminal Procedure, Article 57.02Texas Code of Criminal Procedure, Article 57.02
A victim of an alleged sexual assault can use a pseudonym in
public court documents. Police officers required to offer forms
to sexual assault victims to use a pseudonym.
Pseudonym means a set of initials or fictitious name that
designates the victim in all public records of a criminal
proceeding. e.g. “JRD” or “Jane Doe”
The pseudonym is used in police report, indictment, and
during trial to protect true identity of sexual assault victim.

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Address ConfidentialityAddress Confidentiality
Texas Code of Criminal Procedure, Article 56.82Texas Code of Criminal Procedure, Article 56.82
The Office of the Attorney General of Texas has
established an address confidentiality program for
victims of sexual assault, stalking, and family violence.
The OAG designates a P.O. box address for victims to
use and then forwards all mail to victims.
The OAG serves as agent for service of process.

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Crime Victims’ CompensationCrime Victims’ Compensation
Texas Code of Criminal Procedure, Article 56.31 – 56.64Texas Code of Criminal Procedure, Article 56.31 – 56.64
Victims of sexual assaults, physical assaults, and
other violent crimes are entitled to apply for crime
victims’ compensation benefits through the Attorney
General’s office. Financial benefits may include
assistance with:
 medical treatment
 mental health counseling
 relocation expenses

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Crime Victim Bill of RightsCrime Victim Bill of Rights
Texas Code of Criminal Procedure, Article 56.02Texas Code of Criminal Procedure, Article 56.02
Victims must INVOKE their Rights!
You can do this by sending Prosecutor a Letter.
 Protection from threats
 Notification of all court proceedings
 Information on victim compensation fund
 Right to provide information on pre-sentence report
 Right to make victim impact statement to court
 Separate waiting area during court proceedings

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Victim Rights Letter to Prosecutor
My office sends out a notice letter to the
prosecutor invoking the Crime Victim
Rights Act
http://www.kevinmadison.com/crime_victim_rights.html
A copy of this letter is filed with the Court
TCCP, Art. 56.02 Texas Crime Victims’ Act

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Victim Rights Letter to Prosecutor
District Attorney
Via Certified Mail #
Return Receipt Requested
Re: State of Texas vs. ________________________
Crime Victim: ______________
Cause Number: _____________
In the _____ Judicial District Court of _________ County
Offense: Aggravated Sexual Assault
NOTICE OF INVOCATION OF CRIME VICTIM RIGHTS
TCCP 56.02 TEXAS CRIME VICTIM’S ACT
Dear District Attorney _________,
Pursuant to the Texas Code of Criminal Procedure, Article 56.02, more commonly known
as the Texas Crime Victims’ Act, this letter is to advise you, as District Attorney, (and the
Court) that I am the above-referenced crime victim in this aggravated assault case.

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Pursuant to the Texas Code of Criminal Procedure, Article 56.02, I am invoking all
of my legal rights under the Crime Victims Act, including but not limited to the
following enumerated legal rights:
Texas Code of Criminal Procedure, Article 56.02(a):
(3)(A) the right, if requested, to be informed by the attorney representing the
state of relevant court proceedings,
(5) the right to provide pertinent information to a probation department
conducting a presentencing investigation concerning the impact of the offense
on the victim and his family by testimony, written statement, or any other manner
prior to any sentencing of the offender;

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(8) the right to be provided with a waiting area, separate or secure from other
witnesses, including the offender and relatives of the offender, before testifying in
any proceeding concerning the offender; if a separate waiting area is not available,
other safeguards should be taken to minimize the victim's contact with the offender
and the offender's relatives and witnesses, before and during court proceedings;
(13) the right to be informed of the uses of a victim impact statement and the
statement's purpose in the criminal justice system, to complete the victim impact
statement, and to have the victim impact statement considered:
(A) by the attorney representing the state and the judge before sentencing
or before a plea bargain agreement is accepted;
(b) A victim, guardian of a victim, or close relative of a deceased victim is entitled
to the right to be present at all public court proceedings related to the offense,
subject to the approval of the judge in the case.
(c) The office of the attorney representing the state, and the sheriff, police, and
other law enforcement agencies shall ensure to the extent practicable that a victim,
guardian of a victim, or close relative of a deceased victim is afforded the rights
granted by Subsection (a) of this article and, on request, an explanation of those
rights.

32. Summary of Limitation PeriodsSummary of Limitation Periods
2 Years Simple Assault & Assault with Bodily Injury
2 Years Intentional Infliction of Emotional Distress
3 Years Sexual Exploitation by Mental Health Provider
or Mental Health Counselor
5 Years Sexual Assault and Incest Claims
If victim is a child, time begins to run when
victim turns 18 years of age
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33. All Cases are Contingency Fee
 Attorneys who handle Crime Victim Cases do not charge
hourly fees or retainer fee. We handle Crime Victim
cases the same way we handle Personal Injury cases –
by agreeing to accept a percentage of the total money
recovery we obtain for the client.
 Our fees are “contingent” on obtaining a settlement for
the Client.
 If we are unable to get a recovery for the Client, the
Client owes us nothing! Not even out of pocket costs.
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Guilty, as charged!

35. Contact Information:
Texas Attorney Kevin R. Madison
Former Police Chief - Former Prosecutor
Tel: (512) 708-1650 Office
kevin@kevinmadison.com
www.kevinmadison.comwww.kevinmadison.com
www.texassexualharassmentattorney.comwww.texassexualharassmentattorney.com
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