Sexual abuse is a heinous crime that can have many consequences for a victim. Sex crimes have far-reaching implications, including causing significant mental and emotional trauma. If you, your child, or someone you love is a survivor of sexual assault or abuse in Chicago, reach out to the caring and knowledgeable Chicago personal injury attorneys at Meyers & Flowers for a free consultation about your rights.
During our initial conversation with you, we will listen to your story and we will believe you. If we believe your case has merit, we will offer our best legal advice for how you should proceed. You may be able to hold one or more parties accountable for the terrible crime committed against you.
As your lawyers, we will be there for you every step of the way, always putting your needs and goals first. We can keep your identity anonymous throughout your case if desired. Contact us today to start your journey toward justice and healing with a free case evaluation.
Table of Contents
- Why Choose Meyers & Flowers
- How Can a Sexual Abuse Attorney in Chicago Help Me?
- Sexual Abuse and Assault Statistics
- The Differences Between Criminal and Civil Court for Sexual Abuse
- Types of Sexual Assault
- Sexual Assault Vs. Sexual Abuse
- Where Do Sexual Assault and Abuse Happen in Chicago
- How Sexual Assault and Sexual Abuse Are Handled Differently in Illinois
- Signs of Sexual Abuse
- How to Report Sexual Abuse or Assault in Chicago
- Who Can Be Held Liable for Sexual Assault and Sexual Abuse
- Types of Compensation Available to Victims of Sexual Assault and Sexual Abuse
- How Much Time Do I Have to File a Civil Claim for Sexual Abuse in Chicago
- Contact Us
Why Choose Meyers & Flowers for This Case?
- We have proven our capabilities with a long track record of securing positive case results for personal injury clients. Our team is prepared to bring sexual assault cases to trial when necessary.
- Our Chicago sexual assault & abuse attorneys have years of experience in sexual assault and abuse law in Chicago. We know what these cases take to win and how to foresee our clients’ needs.
- You will benefit from the undivided care and attention of your sexual assault lawyer. We take the time to get to know our clients so that we can assist them on a deep and meaningful level.
- We operate on a contingency fee basis for all sexual assault and abuse cases in Chicago. This means you won’t pay us anything in attorney’s fees unless we win your case.
How Can a Sexual Abuse Attorney in Chicago Help Me?
Sexual abuse is something that can change your life completely. While you fight to heal and restore your well-being, let a lawyer fight for justice. You can count on a Chicago sexual abuse attorney to take action against an individual or institution on your behalf, forcing them to take responsibility for the role they played in the crime committed against you.
Your sexual abuse lawyer in Chicago can initiate an internal investigation into the sexual abuse or assault to identify the defendant(s) and gather evidence to support your legal claim. Then, your lawyer can take over the claims process to negotiate for maximum compensation for you. Your lawyer will be on your side, listening to you and treating you like family every step of the way.
Sexual Abuse and Assault Statistics
- The Illinois Department of Children and Family Services (DCFS) maintained data indicating that there were 120,828 reports of child abuse and neglect in 2017, of which 25 percent were indicated. Additionally, there were 7,743 reports of child sexual abuse, with 25 percent of these being indicated.
- In 2023, most individuals who experienced contact sexual violence reported that the perpetrator was someone they knew, regardless of sexual identity.
- On average, there are 463,634 victims (aged 12 or older) of rape and sexual assault each year in the United States.
- 21% of TGQN (transgender, genderqueer, nonconforming) college students have experienced sexual assault, in comparison to 18% of non-TGQN females and 4% of non-TGQN males.
The Differences Between Criminal and Civil Court for Sexual Abuse
Criminal and civil sexual abuse cases differ specifically in their goals, processes and outcomes.
In a criminal case, the primary goal is to prosecute and punish the perpetrator for violating the law. For example:
- The government, through a district attorney or prosecutor, brings the case against the accused
- The focus is on determining whether the defendant is guilty “beyond a reasonable doubt” of committing the crime
- If found guilty, the consequences can include imprisonment, fines and being registered as a sex offender
- The victim in a criminal case is a witness, and while they may provide testimony, the case is ultimately controlled by the government
In contrast, a civil case is brought by the victim (plaintiff) against the perpetrator (defendant) or an institution that may be responsible, such as a school or employer. Keep in mind:
- The primary goal in a civil case is to seek monetary compensation for the harm and trauma the victim has suffered
- The burden of proof in a civil case is lower, requiring the plaintiff to prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the abuse occurred
- Civil cases often focus on the emotional, physical and financial damages caused by the abuse
- The outcome is usually a financial settlement or damages awarded to the victim
To sum it up, while criminal cases seek justice through punishment, civil cases aim to provide victims with compensation and a sense of closure by holding the perpetrator or related institutions accountable for their role in the abuse.
Types of Sexual Assault
Sexual assault encompasses a wide range of non-consensual sexual activities that violate an individual’s autonomy and rights. Recognizing the different forms can empower victims to understand their experiences and seek justice.
Types of sexual assault include:
- Rape: non-consensual penetration, no matter how slight, of the vagina, anus or mouth by a body part or object.
- Attempted rape: an attempt to commit rape, even if the act is not completed.
- Fondling or unwanted sexual touching: any non-consensual touching of a person’s intimate parts for sexual gratification.
- Sexual coercion: using pressure, manipulation or intimidation to force someone into sexual activity against their will.
- Child sexual abuse: any sexual activity with a minor, including inappropriate touching, exposure to sexual acts or exploitation.
- Incest: sexual contact between family members who are legally prohibited from marrying.
- Sexual exploitation: taking non-consensual sexual advantage of another for personal benefit or gratification.
- Indecent exposure: displaying one’s genitals to another person without consent.
Any type of sexual contact or activity with a child under the age of 17 is a crime in Illinois, as an individual must be at least 17 years of age to give consent. It is against the law for someone 18 and older to commit sexual acts on an underage person if they have a position of trust or authority over the victim.
Sexual Assault Vs. Sexual Abuse
While the terms “sexual assault” and “sexual abuse” are often used interchangeably, they have distinct legal meanings that can impact how cases are prosecuted and litigated.
Sexual Assault
- Definition: a broad term that includes any non-consensual sexual act or behavior imposed on someone without their consent.
- Examples: rape, attempted rape, unwanted sexual touching and forcing someone to perform sexual acts.
- Legal focus: emphasizes the act of physical contact or violence without consent.
Sexual Abuse
- Definition: often refers to ongoing or repeated sexual misconduct, particularly involving minors or individuals unable to give informed consent.
- Examples: child molestation, incest, exploitation and grooming behaviors.
- Legal focus: highlights the abuse of power, trust or authority and may encompass psychological manipulation in addition to physical acts.
Where Do Sexual Assault and Abuse Happen in Chicago?
It is a common misconception that sexual assault incidents only occur in empty, dark alleys. Sex crimes can take place in any setting in Chicago, including in a victim’s home. In many cases, the assailant is someone the victim knows and trusts.
Common locations for sexual assault in Chicago include the following:
- Schools and colleges
- Daycare centers
- After-school programs
- Girls and Boys Clubs of America
- YMCA and community centers
- Churches and religious institutions
- Doctors offices
- Nursing homes
- Foster homes
- Workplaces
- Rideshare vehicles
- Hotels and motels
- Nightclubs and bars
- Apartment complexes
- Juvenile detention centers
At Meyers & Flowers, we are prepared to handle sexual assault and abuse cases involving any location or institution in Chicago. We will thoroughly investigate the facility for signs of concealed knowledge of sex crimes and the failure to protect vulnerable individuals.
How Sexual Assault and Sexual Abuse Are Handled Differently in Illinois
In Illinois, sexual assault is defined as any act of sexual penetration that happens through force, the threat of force or when the victim cannot give consent. This offense is considered a Class 1 felony, which can lead to a prison sentence of 4 to 15 years. If there are aggravating factors involved, the penalties can be even harsher.
When it comes to reporting and prosecution, there is no time limit for bringing charges for felony sexual assault if physical evidence has been collected. Victims are entitled to legal protection and support services throughout the entire legal process.
On the other hand, sexual abuse is described as sexual conduct or penetration that occurs without consent or with someone who cannot consent due to their age or mental capacity. The penalties for sexual abuse can vary significantly, ranging from a Class A misdemeanor to a Class 2 felony, depending on the details of the case, including the victim’s age.
Mandatory reporting laws require professionals like teachers and health care workers to report any suspected cases of child sexual abuse. Importantly, for certain crimes involving minors, there are no time limits on when prosecution can start, recognizing that victims may need time to come forward.
For both sexual assault and sexual abuse cases, victims have the option to seek civil remedies by filing lawsuits against their attackers for damages. These damages can cover medical costs, pain and suffering, and even punitive damages. Institutions like schools, religious organizations and employers can also be held responsible if they fail to prevent abuse or allow it to continue.
Signs of Sexual Abuse
Sexual abuse is a crime that remains largely underreported. Victims stay silent for many reasons. It is often up to people who interact with a victim to notice the signs of something amiss and detect potential sexual abuse situations. This is especially true in child sexual abuse cases.
The effects of being sexually abused or assaulted can range dramatically from person to person. A victim may experience:
- Unexplained physical illnesses
- Digestive problems
- Sexually transmitted infections or diseases
- Changes in behavior
- Post-traumatic stress disorder
- Nightmares or trouble sleeping
- Chronic anxiety
- Depression
- Reduced self-esteem
- Substance abuse disorders
In a small child, the signs of sexual abuse may include bedwetting, bloody undergarments, using new words for private parts, a sudden fear of a person or place, inappropriate play with friends or pets, withdrawal or isolation, and a decline in school performance.
How to Report Sexual Abuse or Assault in Chicago
If you or someone you know has been sexually assaulted or abused in Chicago, take steps to immediately report the incident, protect yourself physically and emotionally, and pursue justice. Here’s what to do:
- Call 911 if there is an immediate danger or if it is an emergency.
- Report the crime to the Chicago Police Department using their non-emergency number (311).
- Tell someone that you trust about what happened.
- If you suspect child sexual abuse, report it to the Illinois Department of Children & Family Services at 1-800-25-ABUSE.
- Seek medical care for any injuries you suffered.
- Get a sexual assault forensic exam to gather evidence and ensure your health.
- Contact a rape crisis center, support group or therapist to get the emotional support you need.
- Consult with a Chicago sexual assault attorney about a potential claim or lawsuit.
Seeking legal advocacy can inform you of your rights and give you hope for the future. A lawyer will help you take the necessary steps to hold a wrongdoer accountable.
Who Can Be Held Liable for Sexual Assault and Sexual Abuse?
- Direct offenders: The person who commits the act of sexual assault or abuse is primarily liable and can face criminal charges and civil lawsuits.
- Accomplices: Those who assist, encourage or facilitate the abuse can also be held accountable.
- Educational institutions: Schools and universities may be liable if they fail to prevent or address known abuse or neglect proper safety measures.
- Religious organizations: Churches and religious entities can be held responsible if they knew about abuse by clergy or staff and failed to take action.
- Health care facilities: Hospitals and clinics may be liable if staff members abuse patients, especially if proper background checks and supervision were lacking.
- Employers: Companies can be responsible if abuse occurred due to negligent hiring, inadequate supervision or failure to address complaints.
- Public institutions: Government-run schools, foster care systems and correctional facilities can be held accountable for abuse occurring under their supervision due to negligence or rights violations.
- Parental liability: In cases involving minors, parents or guardians who knew about ongoing abuse and failed to intervene may be held responsible.
Types of Compensation Available to Victims of Sexual Assault and Sexual Abuse
Victims of sexual assault and abuse endure profound physical, emotional and psychological trauma that can have lasting effects on every aspect of their lives. Pursuing a civil lawsuit not only holds the perpetrator and any negligent parties accountable but also provides an avenue for victims to obtain financial compensation to aid in their recovery.
Economic Damages
Economic damages are tangible, quantifiable losses that a victim incurs as a direct result of the assault or abuse. These damages aim to reimburse victims for out-of-pocket expenses and financial setbacks, including:
- Medical expenses: Costs for emergency care, hospital stays, surgeries, medical examinations and ongoing health care needs resulting from the assault.
- Therapy and counseling: Expenses for psychological counseling, psychiatric care and therapy sessions to address trauma, anxiety, depression and other mental health issues.
- Lost wages: Compensation for income lost due to the inability to work while recovering from physical or emotional injuries.
- Loss of earning capacity: If the victim’s ability to earn income in the future is impacted, they may receive compensation for the difference in potential earnings.
- Rehabilitation services: Costs associated with physical therapy, occupational therapy or other rehabilitation services needed for recovery.
- Medical equipment and medications: expenses for necessary medical devices, prescriptions and assistive equipment.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses that are more subjective and do not have a specific monetary value. These damages acknowledge the profound personal impact of the abuse, including:
- Pain and suffering: Compensation for physical pain and discomfort endured during and after the incident.
- Emotional distress: Recognition of the psychological impact, such as trauma, fear, anxiety, depression and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: Compensation for the diminished ability to enjoy daily activities, hobbies and life pursuits that were once meaningful.
- Loss of consortium: For married victims, compensation may be awarded for the adverse effects on the marital relationship, including loss of companionship and intimacy.
- Scarring and disfigurement: Acknowledgment of any permanent physical changes resulting from the assault.
Punitive Damages
In cases where the perpetrator’s conduct was especially egregious or malicious, the court may award punitive damages. These are intended to:
- Punish the wrongdoer: Penalize the offender for their actions and deter similar behavior in the future.
- Set a public example: Signal to society that such conduct is unacceptable and will be met with severe consequences
How Much Time Do I Have to File a Civil Claim for Sexual Abuse in Chicago?
Unfortunately, Illinois does not give adult sexual assault victims the opportunity to come forward whenever they’re ready. Under state law, adult victims of sexual violence must file related personal injury lawsuits within just two years of the date of the last incident, according to Illinois Compiled Statutes Section 13-202.
However, there is an exception for childhood sexual abuse cases. If the abuse in question occurred when the victim was under the age of 18, a related lawsuit must be filed within 20 years of the date of the abuse or the date that the victim discovers a connection between a mental health condition and child sexual abuse.
What to Look for in Your Chicago Sexual Abuse Lawyer
The decision to hire a lawyer for a sexual assault or abuse case in Chicago is an important one. You’ve already made the toughest choice by deciding to take legal action against an abuser. Now, it is time to find the ideal attorney for your case.
Look for the following traits to ensure you hire the right civil attorney:
- Experience. Rather than a general personal injury lawyer, look for one with experience specifically handling sexual assault and abuse claims. This will ensure your attorney has the necessary knowledge of related laws and statutes.
- Local knowledge. Keep your search local to the Chicago area. Sexual assault laws can change drastically based on location. Your attorney needs to have a thorough understanding of the municipal laws that apply to your case and connections to the local courts.
- Strong advocacy. Get to know the attorney better during a free case review. You should feel confident in the attorney’s ability to represent you, such as state-of-the-art legal resources, connections to experts and specialists, and an unwavering commitment to client success.
- Proven results. While no attorney should guarantee positive results, a record of winning settlements and verdicts in sexual abuse and assault cases can show that the law firm has what it takes to win.
- Affordable rates. Seeking justice for a case of sexual abuse should not result in financial stress. Look for a lawyer who works on a contingency fee basis for peace of mind about how you will pay for your legal representation.
Meyers & Flowers is a team of top-rated Chicago trial attorneys with years of experience successfully handling sexual assault and abuse claims. Speak directly to our local lawyers during a free consultation to find out if we are the right fit for you.
Request a Free and Confidential Case Review in Chicago Today
No matter how much time has passed, sexual assault or abuse can significantly impact your life and livelihood. Taking legal action against your abuser can give you the justice and closure you deserve. At Meyers & Flowers, we are passionate about helping survivors of sexual misconduct in Chicago.
Let us help you make someone pay for what they did to you. Start your case with a free consultation with our knowledgeable sexual assault attorneys in Chicago. We take privacy very seriously and will never share or distribute your information. Contact us online or call (630) 576-9696 today.