Please note that the timeframes discussed in this article relate to Illinois only.
Almost all legal matters have a statute of limitations. This is the window of time you have to sue someone who has hurt you or with whom you have a dispute. In Illinois, the statute of limitations for sexual abuse is 10 years. However, the state allows a number of exceptions to the statute of limitations, so you should consult an experienced sexual assault attorney to explore your options regardless of when the abuse occurred.
A 10-year statute of limitations means that you must file your lawsuit against the other person within 10 years of the abuse, or you will lose the right to file a lawsuit related to the abuse. However, the first exception applies if you were abused as a child. Minors have 10 years after their 18th birthday to bring legal action against their abuser, which means you can file a lawsuit based on child sexual abuse until your 28th birthday. If you missed this deadline, it may be difficult to sue for your abuse, but it may still be possible.
Illinois has another exception to the statute of limitations for people who have repressed memories of their childhood abuse. Repressing memories of the abuse is a common coping mechanism for people who have experienced this type of trauma. This is especially true for victims who were children when the abuse occurred. Once a victim has regained her memories of the abuse, she has 5 years to file a lawsuit. This is true no matter how long ago the abuse occurred. However, memories of abuse must be truly repressed or blocked. If the victim remembers the abuse but is too upset to tell anyone, the regular 10-year statute of limitations applies.
Illinois has another exception for people who were abused as children and later experienced ongoing threats, intimidation, manipulation, or fraud by the abuser or someone else acting with or for the abuser. The 10-year statute of limitations, or 5 years for repressed memories, will not start until the threats and intimidation stop.
Many attorneys will accept sexual abuse cases on a contingency basis. This means that you do not have to pay any fees to your attorney until you receive monetary compensation at the end of the trial or settlement from the other party. An attorney is more likely to take your case, especially in contingency cases, depending on who you are suing. Most sexual abuse laws are against institutions like schools and churches because these groups have insurance to pay their settlement or settlement. An attorney is less likely to take your case if you are suing a person, such as a family member, because it may be difficult to get them to pay damages.
In Illinois, sexual abuse is generally defined as a variety of sexual conduct. Actions such as rape, sexual abuse, incest, and indecent exposure are included.