Growing up in the foster care system can be enough of a struggle without the added trauma of sexual assault or abuse. Children who suffer from sexual misconduct while in the custody of the state can face significant mental and emotional trauma. Sadly, sexual abuse is common in the foster care system.
If you are a survivor of child sexual abuse from your foster parents, foster siblings, state workers, or others involved in your care, Illinois foster care sexual assault lawyers from Mahoney Law Firm are available to help. We will work closely with you to fight for justice and hold wrongdoers accountable.
How Our Illinois Foster Care Sexual Assault Lawyers Can Help You
A foster care sexual assault attorney in Illinois can provide critical advocacy and legal guidance as you attempt to hold someone accountable for what you suffered. Your lawyer will give you a detailed overview of your legal rights and options for making a financial recovery, such as bringing a lawsuit against an individual or the state. Your attorney will navigate complex legal processes for you, file your claim, and fight for a fair case outcome on your behalf.
Why Foster Children Are At Risk
Statistically, children in foster care are at a higher risk of being sexually abused than those who are not. Foster children often fall through the cracks, meaning their welfare is not as monitored as it should be. Understaffed state programs and a lack of safety protocols lead to preventable harm, including various acts of physical, emotional, and sexual abuse committed against foster kids.
Foster children are extremely vulnerable to abuse because they have nowhere to go and often no one to talk to about their plights. They may stay silent for fear of being removed from the home, separated from siblings, retaliated against by the foster family, or not being believed. In addition, the foster care system is often specifically targeted by sexual predators.
What Is Considered Sexual Assault Under Illinois Law?
The legal definition of criminal sexual assault in Illinois is to commit an act of sexual penetration using force or threat of force; while knowing that the victim is unable to understand the nature of the act; or if the perpetrator is 17 or older and has a position of authority over the victim, who is ages 13 to 18. (720 ILCS 5/11-1.20(a)). A “position of authority” includes a foster parent.
Other sexual acts besides penetration can also break Illinois’s sexual assault laws if they are done against a victim’s will or without consent. This includes touching of the victim’s private parts, kissing, groping and fondling. Note that no child under the age of 17 in Illinois can give his or her consent to sexual activity of any kind.
The legal definition of criminal sexual assault in Illinois is to commit an act of sexual penetration using force or threat of force; while knowing that the victim is unable to understand the nature of the act; or if the perpetrator is 17 or older and has a position of authority over the victim, who is ages 13 to 18. (720 ILCS 5/11-1.20(a)). A “position of authority” includes a foster parent. Other sexual acts besides penetration can also break Illinois’s sexual assault laws if they are done against a victim’s will or without consent. This includes touching of the victim’s private parts, kissing, groping and fondling. Note that no child under the age of 17 in Illinois can give his or her consent to sexual activity of any kind.
What Are the Signs for Teen & Child Sexual Abuse in Foster Care?
Child sexual abuse in Illinois is widely underreported. Children often do not understand what is happening to them or, if they do, are silenced by their perpetrators through tactics such as intimidation, grooming, or convincing the child they are in a loving and consensual relationship.Â
Unreported sexual assault is especially prominent in the foster care system due to fears held by foster children that they will be separated from their siblings or moved to a different foster home for coming forward. For these reasons, it is important for responsible adults in the child’s life to know how to detect the signs of abuse.
Physical Signs
Foster children who are suffering from sexual abuse can show various physical signs of harm, including:
- Physical marks of harm
- Bruising on the upper thighs
- Genital injuries
- Bloody sheets or undergarments
- Sudden weight gain or loss
- Personal hygiene problems
- Chronic stomachachesÂ
- Sexually transmitted diseases
- Teen pregnancy
Any unusual injuries should be investigated by a medical professional. If a sex crime is suspected, the child should receive a sexual assault forensic exam as soon as possible.
Behavioral and Emotional Signs
Sexual assault in foster care can have a significant impact on a child’s mental health, emotional state, well-being, personality and behaviors. Any sudden changes in behavior, especially depression or isolation, can be a sign of abuse. Red flags include chronic anxiety, frequent fear or crying, unusual outbursts, instigating sexual contact with other children, changes in sleep or appetite, and self-harming behaviors.
Sexual assault in foster care can have a significant impact on a child’s mental health, emotional state, well-being, personality and behaviors. Any sudden changes in behavior, especially depression or isolation, can be a sign of abuse. Red flags include chronic anxiety, frequent fear or crying, unusual outbursts, instigating sexual contact with other children, changes in sleep or appetite, and self-harming behaviors.
Legal Options for Survivors of Foster Care Sexual Assault and Abuse in Illinois
Sexual assault or abuse while in foster care can have a major impact on the rest of your life. From mental health conditions to physical effects, such as chronic gastrointestinal issues, the trauma can be overwhelming.
Survivors may often struggle with concentration, anxiety, and depression, which can lead to poor performance in school and disrupted educational development. At Mahoney Law Firm, we want to help you hold those responsible accountable for the crimes committed against you.
Holding someone responsible for foster care sexual assault can deliver the justice you have been waiting for. Through an insurance claim or sexual assault lawsuit, you can hold one or more parties accountable and recover financial compensation for the full range of your lossesÂ
Who Can Be Held Liable for Foster Care Sexual Assault in Illinois?
Foster care sexual assault is a crime as well as a civil tort in Illinois. This means it may be possible to hold the individual who assaulted you liable, or legally accountable, through a personal injury lawsuit in Illinois. Holding someone accountable can result in payment for your past and future medical expenses, therapies, out-of-pocket costs, lost wages, physical pain, emotional suffering, psychological trauma, and additional damages.
Potentially liable parties include:
- The abuser (foster parent, sibling or other home resident)
- The foster care agency
- A caseworker or supervisor
- A mandated reporter
- The Illinois Department of Children and Family Services (DCFS)
- A group home or facility
- School personnel
In many foster care abuse scenarios, the state can be held liable for its part in failing to prevent the abuse. If the named defendant should have known about the abuse or that sexual assault was reasonably foreseeable but did nothing to stop it, the state could face liability.
Contact a Foster Care Sexual Assault Attorney in Illinois
It is not easy for survivors of foster care sexual abuse to go up against government entities, such as the State of Illinois, in the pursuit of justice. Doctrines such as sovereign immunity can get in the way. The most effective way to pursue your claim and protect your legal rights is to hire an experienced and aggressive foster care sexual assault attorney to represent you.
Contact Mahoney Law Firm to arrange a free and confidential case evaluation, where you can tell your story to legal representatives who will believe you. We stand with foster care sexual assault and abuse survivors in Illinois. Call 618-961-8288Â today.
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