It takes tremendous courage to pursue justice after sexual abuse. Unfortunately, navigating the civil legal system can be challenging due to the complex rules governing when survivors may file a lawsuit. In Illinois, the statute of limitations often depends on the survivor’s age at the time of the abuse and when it occurred. At Andreozzi + Foote, our trauma-informed attorneys help survivors understand their legal rights and hold individuals and institutions accountable for the harm caused. Contact us today for a free, confidential case evaluation.
Understanding the Illinois Statute of Limitations for Civil Sexual Abuse Claims
In Illinois, the time a survivor has to file a lawsuit typically depends on when the sexual abuse occurred and the victim’s age at that time.
Claims Involving Adult Victims
Illinois law generally gives adults two years from the most recent incident of sexual abuse to file a personal injury lawsuit. Some cases may qualify for additional time under the Gender Violence Act, which can extend the filing period up to seven years.
Childhood Sexual Abuse
In 2013, lawmakers abolished the civil statute of limitations for childhood sexual abuse. Thus, survivors whose abuse occurred after January 1, 2014, can file a lawsuit at any time. However, this law does not apply retroactively. Survivors of abuse before that date have until their 38th birthday or within 20 years of learning about the abuse to pursue legal action.
The Complex Exceptions and Extensions to the Illinois Sexual Abuse Statute of Limitations
Determining the deadline for a sexual abuse case can feel overwhelming, especially as laws change and certain factors may extend the filing period. As these rules evolve, it is essential to consult an attorney who can review your case and determine the applicable deadlines.
Retroactivity of Laws and the Changing Legal Landscape
Like many states, Illinois’ laws on sexual abuse claims continue to change. Today, many survivors of childhood sexual abuse can file lawsuits at any time, allowing them to pursue legal action when they are ready. This change only applies to abuse that occurred after January 1, 2014. The law lifting the statute of limitations is not retroactive, so cases involving abuse before January 2014 remain subject to the previous statute of limitations.
Fraudulent Concealment and Repressed Memory
The previous statute of limitations governs childhood abuse cases that occurred before January 2014. Under that law, many survivors have 20 years after their 18th birthday, or until age 38, to bring a claim. They may also file within 20 years of discovering that the abuse happened and caused their injury. For instance, if a survivor did not recognize the impact of the abuse until age 25, the 20-year period to file would begin at age 25 instead of 18.
Claims Against Organizations and Institutions
Lawsuits allow survivors to not only seek accountability from the abusers, but also from institutions and organizations that enabled or breached their duty to prevent the abuse. Survivors can seek compensation from responsible organizations, such as youth sports leagues, schools, religious institutions, residential care facilities, or juvenile detention centers.
Furthermore, if a survivor does not know the identity of their abuser but knows the institution that enabled the abuse, they may still file a lawsuit against the institution and include unknown parties. The abuser’s identity may be revealed during the litigation process. This approach helps preserve the survivor’s right to seek compensation if filing deadlines apply.
Distinguishing Illinois Civil vs. Criminal Deadlines for Sexual Abuse Cases
Criminal and civil cases operate independently, each with its own deadlines and overall purpose. Civil cases can move forward successfully even if the criminal statute has expired or if authorities choose not to file charges. Here is an overview of the key differences between civil and criminal cases:
- Criminal Statute of Limitations: This sets the deadline for prosecutors to file criminal charges against the accused.
- Civil Statute of Limitations: This sets the deadline for a survivor to file a civil lawsuit seeking compensation and accountability.
- Purpose of criminal vs. civil proceedings: Criminal cases are brought by prosecutors on behalf of the government and can result in jail time and other criminal penalties for the accused. On the other hand, civil cases are brought by the survivors to seek financial compensation from those responsible for the harm.
For more information on criminal deadlines, the Illinois Coalition Against Sexual Assault offers helpful online charts and guides explaining how statutes of limitations apply to sexual abuse criminal cases for child and adult survivors.
How an Attorney Can Help With Your Sexual Abuse Case
An experienced attorney supports victims of sexual abuse and their families by helping them navigate the legal system, protect their rights, and seek justice and compensation. Because time can affect a case—memories may fade, witnesses may become unavailable, and documents can be lost—attorneys will act quickly to preserve critical evidence and build a strong case.
At Andreozzi + Foote, we are nationally recognized for holding institutions accountable and advocating for survivors of sexual abuse. We dedicate our full time and resources to these cases, allowing us to deliver tailored legal strategies and survivor-centered advocacy that few others can match.
We can help your case by:
- Investigating and gathering evidence
- Crafting a tailored legal strategy
- Offering trauma-informed guidance
- Providing direct support from an on-staff victim advocate
- Negotiating a confidential settlement
- Litigating your case and taking your case to trial if necessary
- Ensuring transparency and a survivor-first approach
Let Andreozzi + Foote Help You With Your Illinois Sexual Abuse Case
Sexual abuse can happen anywhere, often in institutions meant to protect vulnerable people. Our firm represents survivors across diverse settings, including schools, religious organizations, and health care facilities. We understand every case is unique and deeply personal. Our Illinois sexual abuse lawyers listen, provide support, and work to hold responsible parties accountable. No matter when or where the abuse occurred, survivors are not alone. We are committed to helping them seek justice and continue their path toward healing. Contact us online or call 866-311-8640 for a free, confidential consultation.