You may be entitled to compensation if you were sexually assaulted as a child or have recently been the victim of a sexual assault in Illinois. The Mahoney Law Firm helps victims make the most of their legal battles. Illinois sexual assault lawyer Ryan Mahoney is ready to help you tell your story and fight to maximize your financial recovery.
As the victim of sexual assault in Illinois, you have the right to bring criminal charges against your attacker, and you have the right to file a lawsuit and hold them financially accountable for the harm they have caused.
The Mahoney Law Firm can help tell your story and demand justice for your injuries and suffering. For more than 16 years, Illinois sexual assault lawyer Ryan Mahoney has fiercely advocated for victims of sexual assault. An award-winning litigator, he has helped clients hold their abusers accountable and recover life-changing compensation in the process.
Win your sexual assault injury case. Call our law office in Madison County, Illinois, to get the top-rated legal representation you deserve. Your first consultation is free, so schedule yours today.
How the Mahoney Law Firm Helps Victims of Sexual Assault in Illinois
While criminal assault charges can put your attacker behind bars, justice falls short. After all, punishing them doesn’t make you financially whole or compensate you for the trauma you endured.
That is where the Mahoney Law Firm can help. Top-rated Illinois personal injury lawyer Ryan Mahoney will stand by you to work toward a meaningful financial recovery in a civil sexual assault lawsuit.
When you turn to us for help, you can focus on healing from your physical and emotional wounds and moving forward with your life. Our team of sexual assault attorneys in Illinois will take care of everything else.
Let a compassionate sexual assault attorney from our firm:
- Independently investigate the details of your sexual assault case
- Determine who, other than the perpetrator, might be liable for your injuries
- Gather evidence to build a civil claim for damages — including physical proof, photographs, police reports, and medical records
- Depose and interview witnesses who may have relevant information and insight into the case
- Navigate any challenges that pending criminal sexual assault charges against the defendant may pose
- Enter negotiations armed with compelling legal arguments so you receive a swift, fair settlement
- Argue your case at trial, if necessary
You do not have to struggle alone with the consequences of your sexual assault. While money won’t turn back time and erase your traumatic event, it can aid you in moving forward. The Mahoney Law Firm can help make the most of this opportunity. Call our law office to discuss your sexual assault injury case in Illinois with a member of our compassionate team today.
What is sexual assault?
Sexual assault is both a crime and a tort in the state of Illinois. While more narrowly defined for criminal matters, sexual assault can be broadly defined as any unwanted and nonconsensual sexual contact. Examples of sexual assault include:
- Molestation
- Groping
- Rape
- Forcible penetration with an object
- Sodomy
- Forced touching of another person’s genitals, buttocks, or breasts
Any sexual contact with a child is also considered an act of sexual assault in Illinois. Minors under the age of 17 in Illinois legally cannot give their consent to sexual activity. This includes sexual conduct involving another minor or teenager.
How are criminal and civil sexual assault cases different?
In a criminal sexual assault case, the government files criminal charges and actively works to prove that a defendant is guilty of violating Illinois state or federal law. The goal is to get a conviction and punish the defendant for their actions through jail time or fines, probation, and other penalties.
To win, the government must prove its criminal sexual assault case beyond a reasonable doubt. This incredibly high burden of proof requires that a jury cannot reasonably believe that the defendant did not commit the crime.
In a civil sexual assault case, the victim (known as the plaintiff) files a lawsuit against the person who sexually assaulted them (the defendant). Civil claims are based on acts or omissions that cause injury to another person, referred to as torts in the legal profession. These include assault, battery, or intentional infliction of emotional distress.
The burden of proof in civil sexual assault cases is much lower than in criminal cases. A plaintiff proves their case by a preponderance of evidence. A jury must be convinced that the plaintiff’s story, as backed by evidence and facts, is more likely true than not. When a plaintiff wins a civil sexual assault lawsuit, they can recover monetary damages to account for their injuries and trauma.
Criminal and civil sexual assault cases can coexist, and the criminal case does not have to be successful for a victim to win a related civil claim. The matters are entirely separate. While a conviction helps, victims can still recover compensation without one.
We Handle All Types of Civil Sexual Assault Cases
Whether you were sexually assaulted by a stranger or someone you know and trust, the Mahoney Law Firm is here to help you fight back. We represent survivors of sexual assault in cases involving:
- Sexual assault in schools
- Sexual assault in the workplace
- Sexual assault in hotels
- Sexual assault in the military
- Sexual assault in the army
- Sexual assault in prison
- Sexual assault in sports
- Clergy sexual assault
- Sexual assault on college campuses
- Sexual assault on cruise ships
- Sexual assault on trains
- Sexual assault on airplanes
- Sexual assault at camp
- Foster care sexual assault
- Sexual assault at a spa
- Sexual assault in bathrooms
- Title IX sexual assault lawsuits
It may be scary to identify your abuser and speak out about your sexual assault. You don’t have to face this situation alone. Attorney Ryan Mahoney will stand beside you from the start as you demand justice and accountability.
Liability in a Sexual Assault Claim
The person who will be held liable, or financially responsible, for a sexual assault case in Illinois could be the individual perpetrator or assailant. Sex offenders can face civil penalties as well as criminal charges for their crimes. You can file a sexual assault injury lawsuit against anyone who makes unwanted sexual contact with you, including:
- Coaches
- Clergy
- Teachers
- Aides
- Bus drivers
- Government officials, including corrections officers and probation officers
- Family members
However, the perpetrator may not be the only party named in a sexual assault lawsuit. Businesses and institutions could also be held legally accountable for failing to protect a victim from a sex crime. Illinois law expands liability for sexual assault to anyone who contributed to the intentionally harmful act. This can include:
- Employers
- Business owners
- Bars and nightclubs
- Schools
- Government agencies
- Landlords
- Religious institutions, including the Catholic Church
At the Mahoney Law Firm, we will carefully evaluate the circumstances of your sexual assault case. Identifying all potentially liable parties is key. While you may win a sexual assault case against the person who attacked you, they might not be able to pay. By seeking damages from other parties as well, you increase the odds of a meaningful financial recovery.
Are victims of sexual assault in Illinois entitled to compensation?
The consequences of sexual assault can run deep. You can suffer painful physical injuries. The costs of medical bills, rehabilitation, and therapy can be quite high — and could be exacerbated if you are unable to go to work. The emotional trauma of being sexually assaulted can touch every corner of your life and potentially last a lifetime.
Through a civil lawsuit, you can recover economic damages to make up for the financial losses you have and will experience and non-economic damages to compensate for the trauma and life changes you have experienced.
Compensatory damages are intended to make victims whole and cover:
- Present and future medical expenses
- Physical therapy and rehabilitation
- Emotional and psychological therapy treatment
- Lost wages and income
- Pain and suffering
- Post-traumatic stress disorder
- Depression and anxiety
- Loss of consortium
- Scarring
- Damage to reputation
- Embarrassment
- Loss of enjoyment of life
If your sexual assault case goes to trial, a jury might also decide that you should receive punitive damages. Punitive damages are awarded in cases where a defendant’s actions were intentional, reckless, or grossly negligent.
If your sexual assault case goes to trial, a jury might also decide that you should receive punitive damages. Punitive damages are awarded in cases where a defendant’s actions were intentional, reckless, or grossly negligent.
Does a Sexual Assault Case Have to Go to Trial?
No, a sexual assault civil case does not have to go to trial to reach a resolution in Illinois. In fact, the majority of personal injury claims end in settlements. A settlement is a private agreement reached through negotiation or arbitration between the parties. If you hire a sexual assault lawyer to represent you during settlement negotiations, this increases the odds of reaching a compromise and avoiding court.
Whether or not a sexual assault case proceeds to trial depends on the circumstances, including the goals of the plaintiff. If you wish to keep your case out of court, your lawyer will take the steps necessary to help this happen. However, your lawyer may recommend going to trial if the defendant’s insurance company is not offering an adequate settlement based on the value of your claim or rejects your claim outright. These circumstances may result in a civil trial.
Steps to Take as a Victim of Sexual Assault in Illinois
Being the target of a sex crime can be traumatizing and overwhelming. Every victim responds to sexual assault differently. No matter what you are thinking or experiencing, your feelings are valid. If you can, there are steps you should take to protect your well-being, seek the support that you need and preserve evidence to build a case. They include:
- Get to a safe place if sexual abuse is ongoing or you are in immediate danger. Prioritize your personal safety and remove yourself from a dangerous situation, if possible.
- Obtain a sexual assault forensic exam. Visit a clinic in Illinois that offers this type of medical evaluation, which not only treats any injuries but also searches for evidence against the attacker.
- Contact law enforcement. Consider bringing criminal charges against the assailant. It is up to you whether to give the clinic your consent to share evidence obtained from your forensic exam with the police.
- Look after your mental health. Consult with a counselor or therapist who specializes in trauma. Seek guidance, support and coping strategies as you navigate the emotional side of being sexually assaulted.
- Contact an Illinois sexual assault attorney to explore your legal options. When you feel ready to pursue justice through the civil system, explore your legal options with an experienced attorney at Mahoney Law Firm.
Our sexual assault lawyers in Illinois can help you obtain a protective order, learn your legal rights and take action against the person who assaulted you. We can help you feel that you are not alone during this difficult time. From the very first time you contact us, we will believe you. Our mission is to help you heal by connecting you to resources, organizations and legal support.
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What is the statute of limitations for civil sexual assault lawsuits in Illinois?
Illinois has no statute of limitations for civil sexual assault claims when the abuser is convicted of a Class X felony criminal sexual assault or Class 1 criminal sexual assault.
If you are an adult who was sexually abused as a child, Illinois state law gives you 20 years from the date you turn 18 or, if you are legally disabled when you turn 18, until the removal of your disability to file your claim. You also have 20 years from the date of discovery of the abuse and the resulting injury.
For related offenses, including sexual exploitation by a therapist, personal injury, abduction, and false imprisonment, you have two years from the date of the abuse to file a civil personal injury lawsuit.
Speak to your attorney promptly about your case to avoid missing the deadline to hold your abuser responsible in court.
If your sexual assault case goes to trial, a jury might also decide that you should receive punitive damages. Punitive damages are awarded in cases where a defendant’s actions were intentional, reckless, or grossly negligent.
If your sexual assault case goes to trial, a jury might also decide that you should receive punitive damages. Punitive damages are awarded in cases where a defendant’s actions were intentional, reckless, or grossly negligent.
Illinois Sexual Assault Lawyers Ready To Fight for You
Don’t let the person who sexually assaulted you walk away without consequence. Call the Mahoney Law Firm and discover how Illinois sexual assault lawyer Ryan Mahoney can help you take a stand and demand justice from your abuser and other liable parties.
For more than 16 years, Ryan Mahoney has dedicated his legal career to standing up to powerful adversaries on behalf of clients who have suffered catastrophic and life-changing trauma. Now is your opportunity to benefit from his extensive experience, winning reputation, and passion for making things right.
Contact the Mahoney Law Firm in Madison County, Illinois, to arrange a free consultation. Our legal team is always here to provide the guidance and support you need.
