The Statute of Limitations for Sexual Abuse Cases in Illinois

Victims of childhood sexual abuse carry emotional scars that will never fully heal. The effects of this abuse will linger in their minds forever. Perhaps the only solace that they will receive is the criminal prosecution and/or a civil suit against their abuser. But when does it become too late for the victim to come forward?

Many survivors suppress the memories of their abuse, and these memories are often not discovered until they have reached adulthood; the abuse is usually discovered in therapy, for which the victim has sought for other reasons, not for the sexual abuse itself. These ¡§other reasons¡¨ are psychiatric disorders such as substance abuse problems, eating disorders, anxiety, depression and poor self-esteem. In many instances these psychiatric disorders are a direct result of the childhood sexual abuse.

There are also those victims who are too scared or embarrassed to come forward immediately. Some victims are threatened to keep quiet by their abuser or someone else who knows what is happening, yet tries to protect the abuser. These victims suffer for years in silence, terrified of what the repercussions might be if they ever told.
Under the law, childhood sexual abuse is both a criminal and a civil offense in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. The American Psychiatric Association states that "children cannot consent to sexual activity with adults. An adult who engages in sexual activity with a child is performing a criminal and immoral act which never can be considered normal or socially acceptable behavior."
The state of Illinois¡¦ progressive laws in this field has made it possible for victims of childhood sexual abuse to come forward as adults with a longer statute of limitations and seek relief, both criminal and civil.
Pursuant to (720 ILCS 5/3-6(j)), the statute of limitations is 20 years from the victim¡¦s 18th birthday for the prosecution of a case involving :

Criminal sexual assault of a child

Aggravated criminal sexual abuse of a child

Failure of a person who is required to report and alleged or suspected commission of any of these offenses

Pursuant to (720 ILCS 5/3-6(d)), the statute of limitation is one year after the victim¡¦s 18th birthday or three years from the time the crime was committed, whichever is longer for the prosecution of the crimes of:

Incest

Child pornography

Indecent solicitation of a child

Soliciting for a juvenile prostitute

Juvenile pimping

Amended in 2003, Illinois Statutes ¡± 5/13-202.2(b) states that the statute of limitations for child abuse victims in civil cases is:

Ten years from the victim's 18th birthday

Ten years after the victim is no longer subject to threats, intimidation, manipulation, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser

Ten years from the date a legal disability has been removed from the victim

Five years after the victim discovers that he/she was the victim of abuse and that injury was caused by the abuse. (Please note that the Illinois Supreme Court requires that it must be proven that the abuse was blocked out of the memory. The statute of limitations does not apply to situations in which the victim was too scared or embarrassed to admit the abuse.)

If you or someone you know has been a victim of sexual abuse you should contact a lawyer. He or she will best be able to advise you on your particular circumstance and what sort of legal action to take.