CIVIL LAWSUITS FOR SURVIVORS
Helping Survivors of Sexual Assault, Sexual Abuse, and Sex Trafficking Sue
Survivors of gender-based violence like domestic violence and sexual assault can sue their perpetrator in Illinois state civil court. These lawsuits are supported by several laws, including tort laws for personal injury, infliction of emotional distress, false imprisonment, and battery, and civil rights laws. They can result in the court awarding the survivor:
- Financial compensation – a monetary payment to the injured party to make up for money lost as a result of the harm.
- Damages – a court award that tries to make the injured party whole. It can include damages for emotional distress and punitive damages.
- Injunctive relief – a court order that tells the perpetrator to either take or stop some action.
- Other appropriate relief against the perpetrator.
There are details about two common uses of these laws below. The best way to get information about your options is to contact CAASE. We provide free legal services for survivors of sexual assault, sexual stalking, and sex trafficking with any background or identity who were harmed in Cook County, IL, and are aged 13+.
CAASE cannot accept cases involving criminal defense, divorce, custody, property in common or other family court issues, immigration, or cases that involve survivors who do not want to participate in a legal process, even if they are minors. If CAASE can’t assist you, we will try to connect you to another attorney and support resources.
Illinois Gender Violence Act Lawsuits for Survivors
An Illinois law called the Gender Violence Act specifically allows civil lawsuits for survivors of gender violence. Any person who has been subjected to gender-related violence as defined in the law may bring a civil action for damages, injunctive relief, or other appropriate relief against a person or persons who perpetrated the gender-related violence. Keep in mind:
- Survivors have 7 years from the date of a physical incident to file suit against the perpetrator. If the incident was limited to a threat, the survivor has two years to file.
- If the survivor was a minor when the incident happened, the 7-year and 2-year limits to file a lawsuit listed above begin when they turn 18.
- Any person who is the victim of gender-based violence may use this law against the perpetrator. There does not need to be a police report or law enforcement involvement.
- Survivors can receive compensatory and punitive financial damages, as well as an injunction, under the Act.
Contact CAASE to learn more about this option using our legal intake line at 773-244-2230, ext. 205 or email legal@caase.org.
Personal Injury Lawsuits for Survivors of Child Sexual Abuse
Survivors of sexual harm often struggle to tell others or seek help after an assault, especially in cases of child sexual abuse. Illinois law takes this into account and gives survivors of child sexual abuse extra time to file a personal injury lawsuit. If the incident occurred when they were under 18, they can file anytime before they turn 38.
Free Lawyer for Civil Sexual Assault and Sexual Abuse Lawsuits
There are many Illinois laws that can apply to gender-based violence, and deciding whether to file suit, and for what, can be a complicated decision. CAASE attorneys are here to help. Contact our legal department to schedule a consultation and find out more about your legal options.