Illinois Lawyer Referrals and Legal Guidance
Illinois Sexual Abuse and Molestation Statute of Limitations
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As part of our service we try to educate the public. This page discusses the time limits you have for filing a lawsuit when you have been sexually abused. Note that there are some exceptions and every case is different so please do not draw any final conclusions from what you read here.
In Illinois, the general rule is that a victim of sexual abuse must initiate legal action against her abuser within 10 years of the abuse. If the victim was a minor at the time of the abuse than she must initiate legal action within 10 years of turning after turning 18, or by the age of 28. This rule often has the effect of barring childhood sexual abuse victims over the age of 28 from filing suit against their abuser.
Example: A child is abused at 12 years of age, but doesn't attempt to commence legal action until she is 30. The statute of limitations will bar her from doing so because she waited more than 10 years beyond the age of 18.
However, Illinois recognizes an exception to the general rule. This exception applies when the victim's memories of the abuse have been repressed. It is not uncommon for victims of sexual abuse to subconsciously repress the traumatic memories of sexual abuse. In recognition of repressed memories, Illinois courts essentially give victims of abuse an unlimited time to commence legal action until they are able to actually recall the abuse and realize the damage inflicted by the abuse. Once a victim has both unlocked the memory of sexual abuse and the realized the harm, the victim has 5 years to commence legal action. This exception is most applicable among childhood sexual abuse victims who often take decades to recall the abuse and recognize the damage they suffered.
Example: A child is sexually abused at 12 years of age, but represses the memory and doesn't recall the abuse and its damage until she is 30. She may still commence an action once she remembers the past abuse, despite the fact that she is over the age of 28. Please note, the victim must show evidence of clinically repressed memories. If the victim stayed quiet due to embarrassment or fear, she will not fall under the repressed memory exception.
One of the reasons for a longer statute of limitations aside from the possibility of repressed memories is that often it takes time to process that what happened to a victim of abuse was wrong.
Most lawsuits for sexual abuse or molestation are against churchs or schools. If you were molested by a relative it can be harder to find an attorney for your case because it is harder to make a recovery against someone that doesn’t have insurance to pay for a judgment.
Please note that while some organizations reprehensibly fight molestation cases tooth and nail, the Catholic Church in Illinois, for all of the terrible acts committed by their priests, has made one very admirable move. In some cases where the statute of limitations has passed, but they verify that an abuse has occurred, they have continued to offer counseling and financial settlements. That is obviously not something you should bank on if you are a victim, but it’s worth noting.
If you have questions about your time limits for filing an Illinois molestation lawsuit or would like an attorney referral please contact us.
Since 2001, findgreatlawyers.com has helped countless people who are the victims of sexual abuse or molestation in Illinois. See for yourself why our free, confidential service is like having a close friend who is an attorney.