Many victims can sue after a sexual assault in Illinois. The belief often exists that all sexual misconduct incidents can only be processed through the criminal justice system. The truth, however, is that various state laws allow you to bring a civil lawsuit against the perpetrator or an entity whose negligence resulted in your assault. A successful civil lawsuit can result in financial compensation to cover your losses, including earnings lost and emotional suffering endured because of the harm. It can also result in an injunctive relief, a court order that bars the perpetrator from taking certain actions or compels the perpetrator to take specific actions.
Table of Contents
You can file a civil lawsuit involving sexual assault while criminal proceedings are ongoing. However, sexual assault civil lawsuits follow a different legal process from criminal cases. A sexual abuse lawyer can explain this process and discuss your rights beyond the criminal justice system. The lawyer can also help you recover maximum compensation for injuries and losses resulting from the assault incident.
At Ankin Law, we understand the physical, psychological, and emotional harm sexual assault victims endure. We can help you get justice and compensation if you were sexually assaulted in Illinois. Call us at 312-600-0000 to find out if you have grounds to sue.
Civil Lawsuits for Sexual Assault Survivors in Illinois
A national survey found that 11.6% of Illinois high school students had encountered sexual violence in 2021. This statistic emphasizes the need for familiarity with all available legal options for protecting your child in the event of a sexual assault.
Many sexual assault cases are processed through the criminal justice system. However, you can still bring a civil lawsuit against the perpetrator(s) and other liable parties while the criminal case continues.
Standard of Proof
The standard of proof in civil sexual assault cases is “preponderance of evidence.” In other words, you and your lawyer must provide evidence to show there’s a 51% chance the assault took place. In a criminal case, the prosecution must prove “beyond a reasonable doubt” that the suspect committed the crime. That means civil cases have a lower standard of proof than criminal cases.
Statute of Limitations
Illinois laws give adult sexual assault survivors two years from when the incident happened to initiate a personal injury claim. Exceptions may, however, stop or extend the deadline. An example is the minor victim extension.
Currently, childhood sex-related cases do not have a statute of limitations. A law passed on January 1, 2014, removed the filing deadline. It is still advisable to take legal action immediately after the incident to preserve the evidence and bolster your case.
A 20-year deadline still applies to childhood sex-related civil suits filed before January 1, 2014. The “clock” for the 20-year deadline begins ticking when:
- The victim turns18 years old
- The victim no longer has legal disability
- The victim notices an injury stemming from sexual abuse during childhood
The Process of Filing a Civil Sexual Assault Claim
The claims process starts once you take legal action to seek compensation for your injuries. The process involves:
Initial Case Review
The first step is to talk to a personal injury lawyer immediately after getting sexually assaulted. Your lawyer will review your case to determine if you have grounds for a civil sexual assault claim. The initial case review also involves discussion about the legal options available.
Filing a Claim
Your lawyer will draft and prepare the necessary legal paperwork. The lawyer ensures the documents are submitted to the correct offices within the legal deadline.
Discovery
Discovery allows both parties to exchange relevant evidence and information. Your lawyer will use tools like oral examinations, written requests for admission, and interrogatories to gather evidence from the defendant.
Settlement Negotiations
Most civil lawsuits for sexual assault get settled out of court. Your lawyer and the defense counsel will meet and negotiate a fair settlement. Your case will go to trial if they fail to reach a compromise.
Trial
Your lawyer will present evidence to show that the sexual abuse incident happened and how it affected you physically, psychologically, and financially. The defendant will also get a chance to present evidence to counter your claims. The judge or jury then determines whether to hold the defendant liable and the damages the defendant must pay.
What Compensation Can You Recover After Sexual Assault?
There are a variety of damages you can recover in a sexual harassment claim, including:
Economic Damages
These are the expenses you incurred as a result of sexual assault. These expenses include medical treatments, physical rehabilitation, hospitalization, or doctor/therapy appointment costs. Other economic damages may include lost wages, employment benefits, and property damage.
Non-Economic Damages
Non-economic damages compensate sexual assault survivors for indirect or intangible injuries. They include:
- Pain and suffering
- Post-Traumatic Stress Disorder (PTSD)
- Depression and anxiety
- Loss of fertility
- Ruined personal relationships
Punitive Damages
Punitive damages are often awarded to punish the sex offender. The judge may impose punitive damages if the judge finds the defendant’s actions to be malicious or grossly negligent. Such damages are designed to dissuade the defendant and the public from engaging in similar misconduct.
How a Sexual Assault Attorney in Illinois Can Help You File a Claim
An Illinois sexual assault attorney understands the legal statutes regulating sexual assault cases. The attorney is experienced in litigating such claims. Your sexual assault attorney will help you by:
Discussing Your Legal Options
A skilled sexual assault lawyer in Illinois will listen to your story keenly and empathetically. The lawyer will then take you through all available legal options, such as criminal charges, pursuing compensation in a civil court, and obtaining protective orders.
Investigating Your Case Further
Your attorney will conduct further investigation into the sexual assault. This investigation may involve reviewing and analyzing police reports. It may also involve sending samples of bodily fluids to the lab for forensic analysis, exposing sexual abuse against you. The investigation may extend to the perpetrator’s behavioral patterns or personal accounts that can be used as evidence in the civil lawsuit for sexual assault.
Preparing and Submitting the Claim
Your lawyer will compile all the required documents, fill them out properly, and file them with the court that has jurisdiction to hear your case. The lawyer will also ensure compliance with the statute of limitations and relevant court rules.
Are you planning to sue after a sexual assault in Chicago, Illinois? Sexual assault lawyers at Ankin Law can help you hold the perpetrator financially liable. Contact us today for a free, no-obligation consultation.
