Sexual abuse is not only a crime in Illinois, but a civil tort or wrongdoing, as well. This means survivors have the right to seek justice through both court systems. In Illinois, the time limit to file a civil sexual abuse action under the statute of limitations changes based on the age of the victim at the time of the abuse.
Childhood Sexual Abuse
Illinois has one of the most lenient statutes of limitations on childhood sexual abuse cases in the country. If sexual abuse occurred when the victim was under the age of 18, even if the individual waits until adulthood to take legal action, the statute of limitations in Illinois is age 38 or 20 years from the date of discovery, whichever is later.
The date of discovery means the date the affected individual realizes that his or her injuries, mental health conditions or other types of harm were caused by sexual abuse or assault that occurred as a child. The traumatic nature of these events means that many survivors unconsciously bury the memories or do not fully understand what happened to them until many years later.
Illinois law takes these common trauma responses into account. Even if a case of child sexual abuse occurred decades prior, the individual may still be able to file a civil claim in Illinois. Once the individual discovers the cause of his or her injuries is childhood sexual abuse, the 20-year timeclock will start counting down. Otherwise, the individual has 20 years from his or her 18th birthday (age 38) to file.
Adult Sexual Abuse
Illinois has a much different statute of limitations on cases where adults (individuals 18 and older) are sexually abused. In cases of sexual assault or rape where the victim is an adult, the deadline to file a civil claim against the abuser is much shorter: just two years from the date of the incident.
An exception applies to cases where the perpetrator is convicted in the criminal courts of a Class X felony in connection with the sexual abuse. In this situation, there is no time limit to take legal action as a survivor. In Illinois, Class X is the most serious criminal category that does not include murder. Examples are aggravated kidnapping, home invasion, aggravated criminal sexual assault and predatory criminal sexual assault of a child.
Another potential exception exists when an individual does not realize he or she was sexually assaulted or abused right away. If the victim was drugged and unconscious at the time, for example, the clock on the two-year statute of limitations will not start counting down until the date of discovery. If a perpetrator flees the state or is unidentified, this could also toll or pause the statute of limitations on a civil claim.
Criminal Statute of Limitations for Sexual Abuse Charges
As of 2019, Illinois does not impose any statutes of limitations on criminal sexual abuse cases against suspected perpetrators. This means the state can decide to prosecute sex crimes at any time, regardless of how long it has been since the date of the alleged offense. The removal of this time limit encourages victims to seek justice through criminal charges against perpetrators, even if it has been many years since the act of abuse.
Prompt Legal Action Is Best
Although Illinois has relatively plaintiff-friendly sexual abuse statutes of limitations, it is in your best interest not to wait if you believe you have a case. Waiting comes with certain risks, such as the defendant fleeing or passing away, important types of evidence getting lost or destroyed, and witness accounts becoming less reliable. Taking prompt action by seeking legal advice from a sexual abuse attorney in Illinois can lead to a stronger case.