Legal causes of action for victims of sexual harassment in Texas independent of EEOC claims. What women can do to sue the owners of Texas businesses and employers who sexually harass, grope, or fondle them. A unique approach to suing sexual predators by a former police chief who has been practicing law for over 30 years!

1. Legal Remedies for Victims of Sexual
Harassment in Texas ©
Attorney Kevin R. Madison
Former Chief of Police
Former Assistant District Attorney
Trained TAASA Victim Advocate
Highest Rating for Ethics and Competence*
www.kevinmadison.com
Principal Office located in Austin, Texas
Cases handled throughout the State of Texas
*Martindale Hubbell Legal Directory – anonymous rating by Attorneys and Judges
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2. What this Slideshare Presentation
will educate you about Texas laws
 Identifying civil causes of action available to victims of
Sexual Harassment
 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. We do not handle EEOC Cases at The Law Offices Of
Kevin R. Madison in Austin, Texas
Many victims of Sexual Harassment in
Texas are eligible to pursue claims as
Sexual Discrimination (1964 Civil Rights
Act) against their employers for Sexual
Harassment if the employer employs 15 or
more employees. These cases have very
short limitation periods and you should not
waste any time contacting an EEOC
specialist attorney about these claims.
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4. Sexual Harassment Cases that we handle at The Law
Offices Of Kevin R. Madison in Austin, Texas
Our office accepts many cases throughout Texas that involve
Sexual Harassment if:
1.The Employer gropes or touches a female employee;
2.The Employer is the owner or President of the company; or
is a professional (doctor, lawyer, banker, CPA, etc.)
3.The Employer and illegal conduct occurred in Texas;
4.The Employee has not pursued the claim already through
Equal Employment Opportunity Commission (EEOC)
We also accept cases where an employer does not touch or
grope the employee if the conduct is lewd and outrageous.
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5. A Unique Approach to Sexual Harassment Cases in Texas
Attorney Kevin Madison is a former CHIEF OF POLICE, CRIMINAL INVESTIGATOR,
and ASSISTANT DISTRICT ATTORNEY.
Attorney Kevin R. Madison has over 30 years of experience as a litigation attorney and
over 25 years of experience as a Judge and State Magistrate.
Attorney Kevin R. Madison carries the Highest Rating of “AV” by Martindale-Hubbell
Legal Directory for Ethics and Legal Competence. Mr. Madison uses his law
enforcement training and experience to assist victims of:
Sexual Harassment by Employers who own the business (not co-workers or Managers)
Groping or Unwanted Touching by Employers who own the business (not co-workers or
Managers)
Sexual Exploitation of Patients by Doctors, Psychiatrists, Therapists, Dentists, Clergy,
and Lawyers
Sexual Assault and Date Rape
Physical Assaults
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6. Criminal Process
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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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7. Civil Litigation...Why?
 Catharsis- Regaining Control for Victim
 Public awareness of Sexual 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: Preponderance of
the Evidence
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 Monetary Damages

8. 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 mainly in civil trials; typically means
“more likely than not.” All that is required is to tip the scales
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9. 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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10. INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
Elements:
Defendant Acted Intentionally or Recklessly
Conduct “EXTREME & OUTRAGEOUS”
Conduct Caused Victim’s Emotional Distress &
Plaintiff’s Emotional Distress was “SEVERE”
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11. Intentional Infliction of Emotional Distress
Statute of Limitations: Two (2) Years from the
date of the Occurrence
Actual Damages:Mental Health Counseling Bills
Mental Anguish & Physical pain
Lost Wages
+ Punitive Damages
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12. “Intentional Infliction of Emotional Distress”
cases that our law firm has settled
Employee Job Recruiter locked door to interview room and
sexually harassed prospective female employee.
Employer sending lewd text messages and obscene photos
to female employee
Doctor Employer repeatedly commented on employee’s
breasts and buttocks
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13. SIMPLE ASSAULT
Texas Penal Code, Section 22.01
Defendant Intentionally, Knowingly, or Recklessly made offensive or
provocative contact with Victim
Statute of Limitations:
Two (2) Years TCPRC, Sec. 16.003(a)
Actual Damages:
Mental Health Counseling Bills
Mental Anguish & Physical pain
Lost Wages
+ Punitive Damages
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14. SIMPLE ASSAULT
Texas Penal Code, Section 22.01
Employer groped female employee’s
breast first week on the job
Groping Case Against U.T. Graduate
Student filed in October 2008
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16. Sexual Harassment
• We think outside “the box”
• We file suit under “common law” causes of
action
• Intentional Infliction of Emotional Distress
• If there is improper touching, we pursue
“Assault by Contact” cause of action
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17. ASSAULT WITH BODILY INJURY
Texas Penal Code, Section 22.01
Defendant causes Bodily Injury to another.
Statute of Limitations:
Actual Damages:
Two (2) Years TCPRC, Sec. 16.003(a)
Medical Bills
Mental Health Counseling Bills
Mental Anguish and Physical pain
Physical Impairment
Lost Wages
Punitive Damages:
The greater of: (1) 2x economic Damages +
non-economic damages award: or
$200,000.
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19. NON-DISCHARGEABILITY
IN BANKRUPTCY PROCEEDINGS
11 USCS § 523(a)(6)
§523. Exceptions to discharge
(a) A discharge under section 727, 1141,
1228(a), 1228(b), or 1328(b) of this
title [11 USCS § 727, 1141, 1228(a), 1228(b),
or 1328(b)] does not discharge an individual
debtor from any debt-(6) for willful and malicious injury by the
debtor to another entity or to the property of
another entity;
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20. All Cases are Contingency Fee
 Attorneys who handle Personal Injury and Sexual
Harassment Cases normally do not charge hourly fees
or retainer fees. We handle these cases the same way
we handle Personal Injury cases – if we obtain a money
recovery for you, we get paid a percentage of the
recovery plus our out of pocket costs.
 We accept cases throughout most parts of Texas.
 Our fees are contingent on obtaining a settlement for the
Client. If no recovery – client owes nothing! Not even out
of pocket costs.
Response to an email or telephone call does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison,
P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail, my response
to your email, nor telephone calls will create an attorney-client relationship. E-mails will not necessarily be treated as privileged or
confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorneyclient relationship. Until we have a written legal services contract, we do not represent you.
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21. Contact Information:
Attorney Kevin R. Madison
2802 Flintrock Trace, Suite 257
Austin, TX 78737
(512) 708-1650 Office
kevin@kevinmadison.com
www.kevinmadison.com
www.texassexualharassmentattorney.com
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