Illinois Sex Abuse Lawsuits

Victims of sexual abuse or sexual assault in Illinois can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.

In this post, we will look at the process of filing a civil lawsuit for sexual abuse in Illinois. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.

What Constitutes Sexual Abuse Under Illinois Law?

For purposes of civil lawsuits the definition of “sexual abuse” under Illinois law has the same definition as it does under criminal law 729 ILCS § 5/11-1.50. Basically, sexual abuse includes any non-consensual touching of a person’s intimate parts intentionally done for sexual gratification or arousal. This broad definition encompasses actions ranging from groping breasts at an office event to forcible rape, all falling under the large umbrella of sexual assault or abuse.

Two critical elements must be present for an action to qualify as sexual assault in Illinois: (1) sexual intent and (2) lack of consent.

Sexual Intent: The plaintiff must demonstrate that the defendant engaged in unwanted touching for sexual gratification. Incidental or accidental touching does not meet this criterion.
Lack of Consent: The intentional touching must occur without consent. Importantly, individuals under the age of 18 cannot legally give consent to sexual touching. Therefore, any intentional sexual contact with a minor by an adult inherently lacks consent and qualifies as sexual assault.

When Can Abuse Victims Sue?

Sexual abuse or assault is both a criminal and civil offense in Illinois. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.

Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police and even if they never told anyone about the incident.

The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.

Holding 3rd Parties Liable for Sexual Abuse in Illinois

Sexual abuse victims can always sue the individual person that abused them. Usually, however, suing the abusers is somewhat pointless because you won’t be able to get any money from them. Even if the abuser is still alive and not in jail, they probably don’t have money to pay a verdict or settlement.

The key to getting compensation in sex abuse lawsuit is finding a company, school, or other third party with deep pockets (or insurance) to hold liable for negligence. Illinois law allows abuse victims to file civil lawsuits against third-parties who were negligent in failing to prevent or stop the abuse. Common third-party defendants in sex abuse civil lawsuits include schools, churches, or organizations such as the boy scouts. If you can show that the one of these organizations had a duty to prevent or stop the abuse and failed to do so, they can be held legally liable for damages.

For example, if a teacher abused you at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Also, if you were sexually abused or assaulted in a dimly lit parking lot, you could sue the parking lot owner for negligent security.

Here is an illustrative example of how suing a third party often works. Let’s say Jill experienced sexual abuse by her high school teacher, Billy. Although Jill did not disclose the abuse, the school had received other reports and complaints about Billy’s inappropriate conduct with students, which it failed to investigate. In this case, Jill could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Billy and protect Jill and other students from potential harm.

Illinois Statute of Limitations for Sex Abuse Lawsuits

The statute of limitations is the legal deadline for victims to file a lawsuit. Illinois one of the states that has recently changed its laws to make it much easier for abuse victims to file lawsuits even years after the abuse occurs.

For sexual abuse that occurred after 2014, there is no statute of limitation deadline for victims to file civil lawsuits. This means that victims who were abused after 2014 have no time deadline on filing a civil lawsuit. For abuse occurring prior to 2014, the SOL deadline is the age of majority (18) plus 20 years … so the victim’s 38^th birthday.

Illinois Juvenile Detention Center Sex Abuse Lawsuits

Over the last few years, the Illinois Department of Juvenile Justice has faced a growing number of sexual abuse lawsuits brought by former juvenile detention center inmates. These lawsuit allege that the victims were sexually assaulted and/or abused by staff members at the detention centers, and that the DJJ was negligent in failing to properly screen and supervise staff, and failing to implement other protective measures.

Illinois Residential Treatment Center Sex Abuse Lawsuits

Residential treatment facilities have become widely utilized in the last decade. In Illinois, the state has sent many juveniles to private residential treatment facilities in lieu of sending them to juvenile detention centers. New evidence has emerged, however, showing that residential treatment facilities in Illinois have a pattern of misconduct, including reports of physical and sexual abuse, poor supervision, and inadequate safety measures.

Juveniles in Illinois residential treatment facilities are often the victim of sexual abuse by staff as a direct result of these systemic failures and neglect. These victims are now filing civil sex abuse lawsuits against the companies that operate these facilities, such as Universal Health Systems, and Acadia Health System.

Settlement Value of Illinois Sex Abuse Lawsuits

Illinois sex abuse lawsuits against third parties are evaluated for settlement based on various factors that contribute to determining an appropriate settlement amount and the likelihood of reaching an agreement among the involved parties. Some critical factors include:

Strength of the evidence: The viability and quality of evidence supporting the victim’s claims are pivotal in gauging the potential success of the lawsuit. Solid evidence may result in a higher settlement amount, as churches and other defendants prefer to avoid significant trial verdicts.
Severity of the abuse: The extent and nature of the abuse can impact the settlement amount. Cases involving more severe abuse may lead to larger settlements due to the heightened emotional and psychological damage experienced by the victim. The duration of the abuse is also correlated with larger settlement payouts, acknowledging that even a single incident can be profoundly traumatic.
Damages: The victim’s incurred damages, including emotional distress, pain and suffering, medical expenses, and lost wages, significantly influence the settlement amount. Pain and suffering damages often constitute the largest portion of any settlement.
Extent of Third Party Liability: The degree of responsibility or negligence on the part of the church, particularly in how they failed the victim, affects the settlement amount. Awareness of abuse, negligence, or attempts to conceal wrongdoing can have a substantial impact on settlement payouts.
Reputation and Financial Resources of Third Party: The financial standing and public image of the church or third party defendant can sway the settlement amount. Established institutional defendants may be more inclined to settle for higher amounts to protect their reputation and avoid a protracted trial. Conversely, defendants lacking assets or insurance coverage pose challenges.

Verdicts and Settlements in Illinois Sex Abuse Cases

Below are summaries of verdicts and settlements from sex abuse civil cases in Illinois.

$2,900,000 Settlement (2024): The plaintiff alleged that when he was a student at a private high school outside Chicago he was sexually assaulted over 12 times by his teacher. The alleged abuse occurred in the 1980s and the plaintiff claimed that he reported the abuse to school administrators, but no action was taken.

$535,000,000 Verdict (2024): Pavilion Behavioral Health System was hit with a massive $535 verdict in a lawsuit accusing the health system of negligently failing to protect a young patient from being sexually assaulted. The verdict included $475 million in punitive damages.

$19,000,000 Verdict (2023): The plaintiff claimed that she was sexually abused by correctional officers while she was an inmate at Logan Correctional Center. She sued the state agencies in charge of the prison claiming that they negligently failed to investigate her complaints.

$950,000 Settlement (2022): This case involved a girl who claimed she was sexually abused by her kindergarten teacher when she was only 5 years old. The lawsuit alleged that prior allegations of misconduct had been made against the teacher, but the school district failed to take appropriate action.

$500,000 Settlement (2021): The plaintiff claimed that he was raped by a correctional officer at Cook County jail over the course of 9 months. He sued both the correctional officer and the County.

Contact Us About Illinois Sex Abuse Lawsuits

If you have a sex abuse lawsuit in Illinois, contact our lawyers today at 800-322-3010 or contact us online.