Illinois’ Statute of Limitations for Sexual Abuse

A criminal statute of limitations is a law that sets a time limit for the prosecution of certain crimes. This means that after a specific period, if the crime has not been prosecuted or charged, the accused person can no longer be charged with that crime. The purpose of such statutes is to ensure a fair and timely trial, as evidence and witnesses’ memories may degrade over time.

A change in the law has eliminated the statute of limitations for all sexual offenses in Illinois. As a result, people can now be charged with such crimes regardless of how long ago they were allegedly committed.

Civil Lawsuits

One of the most comprehensive laws enacted in Illinois at the start of the new decade eliminated the statute of limitations for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse for all victims, regardless of age. This allows victims to file charges against their offenders at any point in time without being constrained by a specific time frame.

Under the previous law, if a sexual assault victim reported the crime to the police within three years after it was committed, they had to take legal action within ten years of the offense.

Criminal Cases

1. Incest: There is now no statute of limitations for crimes of incest in Illinois
2. Child Pornography: There is no statute of limitations for child pornography crimes in Illinois
3. Sexually Assaulting a Person: Effective January 1, 2020, Illinois law abolished the 10-year statute of limitations for prosecuting criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse.

What Are the Types of Sexual Abuse & Their Punishments in Illinois?

Criminal Sexual Assault

In Illinois, criminal sexual assault is defined as an act of sexual penetration when force, threat of force, or lack of consent is involved, or when the perpetrator is a family member of the victim under 18 or holds a position of trust over the victim aged 13-17. This crime is a Class 1 felony, with punishments ranging from 4 to 15 years in prison and fines from $75 to $25,000, depending on the circumstances and prior convictions.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault involves:

• Committing criminal sexual assault with aggravating circumstances, such as using a weapon.
• Causing bodily harm.
• Involving a victim with a disability.

This is a Class X felony with punishments including prison terms from 6 to 30 years and fines from $75 to $25,000, with added years depending on the specific circumstances.

Predatory Criminal Sexual Assault of a Child

Predatory criminal sexual assault of a child is when a person aged 17 or older commits an act of sexual penetration or contact with a victim under 13 years of age. This is a Class X felony with prison terms ranging from 6 to 30 years and additional penalties depending on the specific circumstances and prior convictions.

Criminal Sexual Abuse

Criminal Sexual Abuse is defined as an act of sexual conduct that involves force or threat or when the victim is unable to understand or consent. It can also occur when a person under 17 years of age commits an act of sexual penetration or conduct with a victim who is 9-17 years old or when a person is less than 5 years older than the victim who is between 13-17 years old.

Punishments range from a Class A misdemeanor to a Class 4 or Class 2 felony, depending on the specifics of the offense. Aggravated Criminal Sexual Abuse includes additional aggravating circumstances and is a Class 2 felony.

Indecent Solicitation of a Child

Indecent Solicitation of a Child occurs when a person aged 17 or older solicits a child to perform an act of sexual penetration or conduct or discusses such acts with a child over the internet. This crime is a Class 2 felony.

Indecent Solicitation of an Adult

Indecent Solicitation of an Adult involves arranging for an adult to commit an act of sexual penetration or conduct with a minor and has varying punishments depending on the specifics of the crime.

Why Is This Positive for Plaintiffs?

The elimination of the statute of limitations for sexual offenses in Illinois is positive for plaintiffs (victims) for several reasons:

1. More time for healing and processing: Sexual abuse can have long-lasting and profound effects on a victim’s life, and it may take years for them to fully process the trauma and come to terms with what happened. The elimination of the statute of limitations allows victims the necessary time to heal and gather the strength to come forward without feeling pressured by a ticking clock.
2. Empowerment: By removing the time constraints on reporting and prosecuting sexual abuse crimes, victims may feel more empowered to seek justice, knowing that they can take legal action when they are ready and able to do so.
3. Increased accountability: The change in the law helps hold perpetrators accountable for their actions, regardless of when the offense occurred. This sends a clear message that society takes sexual abuse crimes seriously and that offenders cannot simply “wait out” the statute of limitations to avoid facing consequences.
4. Greater chance of justice: With no time limit on bringing charges, victims have a greater opportunity to seek justice and hold their abusers accountable. This can provide a sense of closure and healing for the victims and their families.
5. Encouragement for other victims: The elimination of the statute of limitations may encourage other victims of sexual abuse to come forward and report their experiences, knowing that they can still pursue legal action even if the abuse occurred many years ago. This can help create a supportive environment for survivors and promote a culture of accountability.

How Does This Affect Defendants? Why Might a Defendant Need a Lawyer?

The elimination of the statute of limitations for sexual offenses in Illinois has significant implications for defendants. This change means that they can now be charged and prosecuted for such crimes at any point in time, even if the alleged offense took place many years ago.

The possibility of facing charges for offenses committed long ago can be daunting and challenging for defendants, as the passage of time may have affected evidence, memories, and witnesses’ availability.

A defendant may need a lawyer for several reasons:

1. Legal expertise: A criminal defense lawyer has the knowledge and experience to navigate the complexities of the legal system and the specific laws surrounding sexual abuse crimes in Illinois. They can provide guidance on the best course of action and help build a strong defense strategy.
2. Protection of rights: A lawyer will ensure that the defendant’s rights are protected throughout the legal process, including the right to a fair trial and the right to remain silent.
3. Negotiation and plea bargaining: A skilled lawyer can negotiate with the prosecution to potentially reduce charges or penalties or engage in plea bargaining to reach a more favorable outcome for the defendant.
4. Evidence and witness evaluation: A lawyer can help gather and analyze evidence, as well as assess the credibility and reliability of witnesses. This is particularly important in cases where the statute of limitations has been eliminated, as the quality and availability of evidence may have diminished over time.
5. Emotional support and guidance: Facing criminal charges for sexual abuse can be emotionally overwhelming for the defendant. A lawyer can provide support, reassurance, and guidance during this difficult time.

Do I Need an Attorney?

If you or someone you know has been a victim of sexual abuse or has been accused of committing a sexual abuse crime in Illinois, consult with an experienced criminal lawyer. An attorney can help you understand the statutes of limitations and how they apply to your case. They can also guide you through the legal process and help protect your rights.

To find a qualified Illinois criminal lawyer, use LegalMatch, which can connect you with an attorney who specializes in your specific legal issue.