Illinois Attorney for Sexual Abuse Victims

Unfortunately, sexual abuse is a somewhat common problem. Many people of varying ages, genders, and backgrounds have reported being sexually abused. While some are abused in childhood, others are abused as adults. We often think of justice as something that comes from the criminal courts, but an attorney can help you get justice from the civil court system, too.

Taking legal action for sexual abuse begins with a call to a lawyer. The sooner you speak to an experienced attorney about your case, the better. Next, we must identify the defendants. Many are abused while attending schools, religious institutions, or universities. Others are harmed by people close to them, like trusted friends or family members. Your time to take action may depend on how old you were when the abuse occurred. Childhood abuse typically warrants much more time. Even so, talking to a lawyer sooner rather than later is best. You might have less time if you wish to take action against a governmental entity like a public school.

Get a private, free case assessment to begin by calling The Law Office of Andrew Shubin at (814) 826-3586 and talking to our attorneys for sexual abuse victims.

How to Take Legal Action for Sexual Abuse in Illinois

To initiate legal action for sexual abuse, you must first contact an attorney for help. Sexual abuse cases can be complex even at the best of times, and your lawyer can review your situation to help you determine what kind of legal options you have and which one is going to help you the most. Depending on how long ago the abuse occurred, criminal charges might not be possible. It is normal for sexual abuse victims to wait years before reporting the abuse, and in that time, evidence often disappears, making convicting abusers difficult. Even so, you might have a chance at justice in civil court.

To help your case, save any evidence or information that might help you later. If you are unsure if something is important, try to hold onto it anyway. Maybe you were able to record photos or videos of your injuries caused by the abuse. Maybe you kept diary entries documenting the abuse each time it happened. If you have anything like this at all, tell your attorney immediately. Evidence in sexual abuse cases can be difficult to obtain, and we need anything we can get.

Our lawyers for sexual abuse may also help you report the abuse to the police if you have not done so already. Even if criminal charges or even an arrest are unlikely, our lawyers for sexual abuse victims may still help you inform the police about what happened. A formal criminal complaint detailing your claims may lend legitimacy to your claims. In some cases, the police may uncover evidence in their investigation that we can use to support your claims.

People and Entities Often Responsible for Sexual Abuse in Illinois

Sexual abuse might happen in a variety of settings and situations. Often, sexual abuse occurs when there is a power imbalance between abusers and victims. Below are just a few common examples of how and where sexual abuse happens.

Schools

Many childhood sexual abuse cases revolve around school. Victims often report being abused by teachers, coaches, school administrators, and other adults who work for or with schools. Maybe you were a student who was abused by a teacher or school administrator. Maybe you were on a school sports team when the coach abused you. These kinds of cases are unfortunately common, and the person who abused you and the school they worked for should be brought to justice.

Churches and Religious Groups

In recent years, more and more news stories have been reported regarding sexual abuse within religious organizations and institutions. In many cases, abuse victims are pressured into silence by church leaders, and abusers are shielded from responsibility. Unfortunately, many victims have been unable to come forward for many years. If you were abused by a church leader or someone else within a religious group, contact an attorney for help now.

Universities

Not all sexual abuse cases involve child victims. Adults may be victimized, too. For example, young adults attending colleges or universities find themselves being abused by professors or school administrators. Abusers are often in positions of authority. They might control the student’s grades or access to academic opportunities, and they use their position to commit acts of sexual abuse. If you or someone you know was pressured or coerced into sexual acts while attending a university, an attorney can help you get justice.

Friends and Family Members

Many people report being sexually abused by someone they know. While abuse from strangers happens, it is more common for victims to experience abuse from a friend, family member, or acquaintance. This is a big reason why many people are afraid to come forward about the abuse. They fear they will not be believed by the people close to them. While it can be very difficult to report abuse from someone close to you or your family, doing so can help you get justice and prevent future abuse.

How Much Time You Have to File a Civil Case for Sexual Abuse in Illinois

One of the biggest problems that plaintiffs filing sexual abuse cases face is timing. It is common for victims to wait many years before reporting abuse, often out of fear or shame. Many others are forced into silence by the people abusing them. To make matters worse, some plaintiffs have limited time to file their cases. The longer you wait, the harder it becomes to hold abusers responsible.

Childhood Abuse

The statute of limitations is a law that limits the time a plaintiff has to file a case. In the past, victims of childhood sexual abuse typically enjoyed a much longer limitation period compared to adult victims. Since children cannot take legal action on their own, the limitation period normally would not begin to run until the plaintiff turns 18. According to 735 I.L.C.S. § 5/13-202.2(b), victims of childhood sexual abuse have 20 years from the day they turn 18 to file a case. However, lawmakers have changed how this law works.

According to subsection (f) of the statute of limitations, there is no limitation period for cases arising on or after January 1, 2014. If you were abused after this date, you are not bound by a limitation period and may file your case at any time. However, if you were abused prior to this date, the 20-year limitation period may apply.

Abuse in Adulthood

Those who experience sexual abuse as adults have a much shorter time to file civil cases. The statute of limitations that often applies to general personal injury claims may also apply to cases of sexual abuse against adult victims. According to § 5/13-202, you may have 2 years to file your case. However, exactly when this 2-year limitation period begins depends on your circumstances.

For many, the limitation period begins when the abuse occurs. Further, it may begin on the date of the most recent instance of abuse, not when the abuse first started. This may be an important distinction for those who experienced abuse multiple times over a longer period of time. According to the discovery rule, the limitation period may run from the date that you first realized the abuse or realized that the abuse caused your injuries. This is not an uncommon issue, as many victims do not initially realize they have been abused until someone else brings it to their attention.

Civil Cases Against Public Entities or Institutions in Illinois for Sexual Abuse

Considering that many cases of sexual abuse come from public schools, you should speak to our attorneys for sexual abuse victims about how you might sue a governmental entity like a public school. The rules are different when the government is involved, and the defendant may enjoy certain legal protections that ordinary people or entities do not.

According to 745 I.L.C.S. § 25/2, claims against any public school district or non-profit private school must be commenced within 1 year of the injury or the date the cause of action accrued. Your cause of action may be said to accrue when the abuse happens or when you realize the abuse. Furthermore, under § 25/3, a notice of your claim must be submitted within 6 months of the date the cause of action accrues.

For public schools, notice must be submitted to the office of the school board attorney, if there is one, and the office of the secretary or clerk of the school board. Notice must be submitted by the plaintiff, their agent, or a lawyer. The notice must be a written and signed statement naming the plaintiff, the person who caused the injuries, the date, time, and location of the incident that caused the injuries, and the name of any attending doctors. For private schools, the notice takes the same form as above but may instead be filed with the office of the school’s superintendent or principal.

Gathering Evidence to Prove Your Claims in a Civil Case for Sexual Abuse in Illinois

Evidence to prove claims in a civil case can be tricky regardless of the plaintiff’s claims. Evidence in civil cases for sexual abuse is especially difficult as it often disappears or is purposefully eliminated by defendants trying to cover their tracks. Even still, evidence supporting your claims may be out there, and we can help you find it.

Did anyone else know about the abuse when it occurred? Perhaps you confided about the abuse in a friend or family member. If so, they can testify about when you informed them of the abuse. Alternatively, if someone actually witnessed the abuse, they can testify about what they saw. Your testimony may be crucial, especially if there are no other witnesses. Only you can testify about how the abuse affected you and the pain and trauma you endured.

If you sought medical attention for injuries caused by the abuse, your medical records might be strong evidence supporting your claims. Even if the records are old, they may help us prove when the abuse happened. Records regarding your injuries may also show that your injuries were consistent with sexual abuse.

Damages Available in Civil Cases for Sexual Abuse in Illinois

Your damages in a civil lawsuit revolve around costs, injuries, losses, and painful experiences. Generally, plaintiffs may claim compensatory damages to make up for what they have lost. In rare cases, courts may also award plaintiffs punitive damages to punish defendants whose behavior is deemed especially egregious.

Compensatory Damages

Your compensatory damages largely involve economic damages related to money and non-economic damages related to painful experiences. In many sexual abuse cases, economic damages are less significant, while non-economic injuries for pain, distress, and trauma tend to be substantial.

Economic damages may involve numerous costs and expenses. For example, if you suffered physical injuries because of the abuse, you might have received expensive medical treatment. Your hospital bills should be accounted for when we calculate economic damages. In many cases, the abuse happened so long ago that economic costs are hard to determine or no longer important to plaintiffs. It is not unusual for some plaintiffs to have fewer economic losses to claim.

Non-economic damages tend to be more significant. Non-economic injuries often revolve around how the abuse affected the plaintiff’s life. Since abuse often leaves deep psychological scars, many plaintiffs claim significant non-economic damages. Your pain, suffering, emotional distress, trauma, humiliation, and other painful personal experiences should be compensated.

Punitive Damages

In less common cases, courts may award punitive damages as a punishment for defendants. Remember, you are not necessarily entitled to punitive damages, and courts only award them under very specific circumstances. According to 735 I.L.C.S. § 5/2-1115.05(b), we must prove your claims for punitive damages by “clear and convincing evidence.” Evidence to prove punitive damages requires a much higher degree of persuasion than the ordinary burden of proof in most civil cases, which is the “preponderance of the evidence.” We must prove that the defendant acted with an evil motive or an outrageous, reckless, and conscious indifference to other people’s safety and rights.

This may be possible in cases where a defendant’s actions were especially predatory or otherwise shocking to the conscience. For example, if a defendant intended to cause the victim to suffer, punitive damages might be on the table. Similarly, if a school or church took steps to silence victims and protect abusers, we might be able to argue for punitive damages.

Speak to Our Illinois Attorneys for Sexual Abuse Victims for Legal Help Now

Get a private, free case assessment to begin by calling The Law Office of Andrew Shubin at (814) 826-3586 and talking to our attorneys for sexual abuse victims.