Chicago Sexual Abuse and Assault Lawyers

Survivors of sexual abuse and sexual assault deserve to be heard, believed, and treated with dignity. The harm caused by sexual violence can impact nearly every part of a person’s life, including their physical health, emotional well-being, relationships, employment, and sense of safety.

If you are a survivor of sexual abuse or assault, you may be able to pursue a personal injury claim against the perpetrator. A civil lawsuit is separate from the criminal justice process and may allow a survivor to pursue financial compensation from the person responsible. In some cases, you may be able to bring a claim against an organization or institution whose negligence contributed to the abuse or assault.

At Mixan Mahony, we know that coming forward can be difficult. Our legal team will represent you with compassion and respect while advocating for your right to full compensation. Reach out to our law firm today to schedule a free initial consultation with a Chicago sexual assault and abuse attorney.

Call us now at (312) 262-3971 or contact us by filling out the form here.

Civil Claims for Sexual Abuse and Assault in Illinois

Under Illinois law, sexual assault and sexual abuse are both criminal offenses. However, a criminal prosecution and a civil personal injury claim serve different purposes in the legal system.

In a criminal case, prosecutors bring charges on behalf of the government and must prove guilt beyond a reasonable doubt. In a civil case, a survivor brings a claim seeking compensation for the injuries and losses caused by the defendant’s conduct. In a civil case, the burden of proof is substantially lower.  A civil lawsuit can proceed independently of a criminal prosecution.

This means that a survivor may have a potential civil claim for sexual assault or abuse even when:

• Criminal charges were never filed.
• The perpetrator was not convicted.
• A criminal investigation did not result in prosecution.
• The abuse occurred years ago.
• The survivor did not report the abuse immediately.
• The person responsible disputes what happened.

Every case is different, and the availability of a civil claim depends on the specific facts of the case and applicable Illinois law. Our Chicago sexual abuse lawyers carefully investigate each case to identify potential claims. If the evidence supports a potential lawsuit, we will pursue accountability on behalf of survivors.

Who May Be Liable in a Sexual Abuse or Assault Lawsuit?

A person who committed sexual abuse or assault, referred to as the perpetrator, may be directly responsible for the harm that they caused. However, personal injury claims can sometimes extend beyond the perpetrator. 

Businesses, organizations, institutions, property owners, employers, or other third parties may bear civil responsibility when their negligence created an opportunity for abuse or allowed foreseeable misconduct to continue. Depending on the circumstances, a sexual abuse or assault claim may be based on allegations of:

• Negligent hiring
• Negligent retention of an employee
• Negligent supervision
• Failure to investigate complaints
• Failure to respond to warning signs
• Inadequate security
• Failure to protect residents, students, patients, customers, or guests
• Failure to follow appropriate safety policies
• Concealing or ignoring allegations of misconduct
• Allowing a known or foreseeable danger to continue

For example, consider a situation where a bar hired a bouncer with a criminal conviction for sexual abuse. If the bouncer sexually assaults a patron, the bar could potentially be liable for negligent hiring and/or negligent supervision.

Determining who may be legally responsible requires a careful review of the facts. An institution may deny knowledge of an abuser’s conduct or attempt to shift blame entirely to the person who committed the assault. Our attorneys investigate criminal records, prior complaints, employment history, security practices, policies, communications, and other evidence that may show whether an entity failed to take reasonable steps to prevent foreseeable harm.

Who May Be Liable in a Sexual Abuse or Assault Lawsuit?

A person who committed sexual abuse or assault, referred to as the perpetrator, may be directly responsible for the harm that they caused. However, personal injury claims can sometimes extend beyond the perpetrator. 

Businesses, organizations, institutions, property owners, employers, or other third parties may bear civil responsibility when their negligence created an opportunity for abuse or allowed foreseeable misconduct to continue. Depending on the circumstances, a sexual abuse or assault claim may be based on allegations of:

• Negligent hiring
• Negligent retention of an employee
• Negligent supervision
• Failure to investigate complaints
• Failure to respond to warning signs
• Inadequate security
• Failure to protect residents, students, patients, customers, or guests
• Failure to follow appropriate safety policies
• Concealing or ignoring allegations of misconduct
• Allowing a known or foreseeable danger to continue

For example, consider a situation where a bar hired a bouncer with a criminal conviction for sexual abuse. If the bouncer sexually assaults a patron, the bar could potentially be liable for negligent hiring and/or negligent supervision.

Determining who may be legally responsible requires a careful review of the facts. An institution may deny knowledge of an abuser’s conduct or attempt to shift blame entirely to the person who committed the assault. Our attorneys investigate criminal records, prior complaints, employment history, security practices, policies, communications, and other evidence that may show whether an entity failed to take reasonable steps to prevent foreseeable harm.

Childhood Sexual Abuse Claims

Childhood sexual abuse can have lasting effects that are not always fully understood until years later. Survivors may struggle with the consequences of childhood sexual abuse long after it occurred, often without fully understanding why they are having such difficulties. It can often take time before someone is ready to disclose what happened or before they are able to connect their struggles to the abuse.

Illinois law contains specific provisions addressing civil claims arising from childhood sexual abuse. These laws recognize that many survivors of childhood sexual abuse don’t fully realize what happened to them until years later (known as delayed discovery). For this reason, survivors have a much longer period of time to file a claim.

Typically, personal injury lawsuits must be brought within 2 years of the date of the injury. This is known as the statute of limitations. For childhood sexual abuse lawsuits, the statute of limitations is 20 years from the date when the survivors discover or reasonably should discover the psychological or physical trauma caused by the abuse.  Under this law, survivors have until age 38 to file a lawsuit for childhood sexual abuse.

Statute of limitations issues can be complex. Survivors should not assume that they have waited too long to explore their legal options. Speaking with an experienced Chicago sexual abuse lawyer can help to clarify whether a claim may be viable based on the facts of your case.

There is another important law that impacts childhood sexual abuse claims. If a survivor proves by the preponderance of the evidence that a perpetrator abused them, then it is considered per se harmful and traumatic. This means that a survivor does not need to introduce additional evidence to establish that the abuse caused them harm, although it can still be helpful to present evidence about the extent of damages (losses).

Sexual Assault Claims Involving Adults

Adults who experience sexual assault may also have the right to pursue a civil personal injury claim. These cases can involve a sexual assault by a person known to the survivor or an assault by a stranger.

Civil claims may arise from assaults and abuse that took place in a range of settings, including:

• Workplaces
• Hotels and motels
• Apartment buildings
• Parking garages and parking lots
• Bars and entertainment venues
• Colleges and universities
• Healthcare facilities
• Nursing homes and assisted living facilities
• Rideshare vehicles
• Businesses
• Private residences

In addition to claims against the person who committed the assault, an investigation may determine whether negligence/carelessness contributed to the incident. 

For example, a property owner or a business may have had a duty to address known security concerns under certain circumstances. An employer may face questions about hiring, supervision, or retention of an employee. An organization may have ignored prior complaints about an employee or another individual. 

The facts surrounding each case will determine whether a survivor can file a claim against an organization or business in addition to a claim against the perpetrator. Our Chicago sexual abuse and assault attorneys will work with you to help you understand your rights and get the best possible outcome for your case.

Compensation Available in a Sexual Abuse or Assault Lawsuit

No amount of money can undo the trauma caused by sexual abuse or assault. However, a civil claim can often provide financial resources to help a survivor address the consequences of what happened. It is also a way to hold responsible parties accountable and to get justice for a survivor.

Depending on the circumstances of the case, you may recover economic and noneconomic damages for your losses. Both are considered compensatory damages because they compensate a victim/survivor for their losses.

Economic damages pay for direct financial losses associated with an injury. This may include money for medical expenses, therapy and counseling, psychological treatment, lost wages, and reduced earning capacity. Economic damages are often proven with documentation such as bills, invoices, and pay stubs.

Noneconomic damages pay for intangible losses, such as pain and suffering, emotional distress, and reduced quality of life. It can be harder to prove noneconomic damages, but they play a major role in making a survivor whole again after a sexual assault. A survivor may have relatively minimal physical injuries from an assault, but may spend years or decades dealing with the trauma of the incident.

Punitive damages may also be awarded in sexual assault or abuse cases. Unlike compensatory damages, punitive damages are designed to punish a wrongdoer instead of compensating a victim. Because sexual assault involves intentional and/or reckless conduct, punitive damages may be awarded in these types of cases. 

The value of an Illinois sexual abuse or assault case depends on many factors, including the nature and extent of the survivor’s injuries, the available evidence, the conduct of the defendant, the role of any negligent institution, and the available sources of compensation. Our attorneys take the time to understand how the abuse or assault has affected each client so that we can get them justice for their losses.

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Our Approach to Sexual Abuse and Assault Cases

Sexual abuse and assault cases require more than legal knowledge. Survivors deserve an attorney who understands that recounting traumatic experiences can be difficult and that every client may have different needs and concerns.

Our law firm approaches these cases with sensitivity while preparing them thoroughly for negotiation and litigation. Our attorneys can help by:

We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. We also offer free initial consultations, which gives you an opportunity to learn more about your legal rights and options. In each case, our goal is to get you justice along with the compensation that you deserve for your injuries.

Talk to a Chicago Sexual Abuse and Assault Lawyer about Your Case

Sexual assault and abuse can cause lasting harm, but survivors may have legal options for pursuing accountability. Regardless of whether or not the perpetrator was charged with a crime, you may be able to file a civil lawsuit to recover financial compensation for your losses. Whether the abuse occurred recently or years ago, it may be worth speaking to an attorney about your rights.

Mixan Mahony represents individuals pursuing personal injury claims involving sexual abuse, sexual assault, institutional negligence, negligent security, and other conduct that may have contributed to your injuries. Our Chicago personal injury attorneys will evaluate your case and help you understand your legal options. Reach out to our law offices today at 312-262-3971 or fill out our online contact form to schedule a free consultation with a Chicago sexual abuse and assault lawyer.