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Chicago Sex Abuse
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Sex abuse ruins lives. Survivors can suffer physical injuries and mental trauma. These effects may require extensive therapy, counseling, and medical care. In many cases, the emotional distress, pain, and suffering from an abusive sexual encounter lasts for your entire life.
However, Illinois law allows you to pursue financial compensation after experiencing sexual abuse. A sex abuse lawyer from Hart McLaughlin & Eldridge fights against perpetrators and those who facilitated your abuse to pursue fair compensation for your injury-related costs and losses.
What Is Considered Sex Abuse in Chicago, IL?
Illinois has several criminal statutes against sex abuse. Criminal sex abuse is punishable by a year in jail. Aggravated criminal sex abuse can result in a decades-long prison sentence.
However, the standard used to prosecute someone for criminal sex abuse is much narrower than the sexual abuse definition used in civil lawsuits. Consequently, you can often pursue compensation from your abuser and their enablers even though they were not convicted of a crime.
Specifically, criminal sex abuse requires proof of specific elements, such as knowingly touching or fondling the victim using force or threats of force. As you probably realize, this is often difficult to prove.
On the other hand, you can satisfy the meaning of sex abuse in a civil lawsuit with proof that the other person subjected you to unwanted touching. The claims in a civil lawsuit can cover the following acts against you:
Battery
Battery occurs when someone intentionally touches someone else in a harmful or offensive way. “Intentional” means the act must have been deliberate rather than accidental. The act must injure you or violate what someone would objectively consider personal boundaries.
However, battery does not need to be violent or forceful. It can occur when someone pinches your buttocks or playfully touches your breast.
You do not need to object to physical contact to have a claim. However, the other party can raise defenses like self-defense and consent against a battery claim.
Assault
Assault is threatened or attempted battery. It occurs when the other person’s intentional acts or words place you in fear of imminent battery. Again, an assault case does not need to involve a violent threat. It could occur when someone stands near you and says something that would cause a reasonable person to fear an imminent fondling or sexual penetration.
False Imprisonment
False imprisonment occurs when someone intentionally restrains you against your will. This claim can occur when you get trapped in a locked room or vehicle. However, a locked door is not a required element. You could bring a false imprisonment case if the other person physically blocked your exit or grabbed you, preventing you from leaving.
Who Is Liable for Sex Abuse in Chicago?
The person who committed the sex abuse is potentially liable for their intentional acts. However, you can also pursue claims for negligence against those who enabled the abuser.
For example, the following parties might be liable for negligently enabling the perpetrator to abuse you:
- Sports league or sports facility operator
- School
- Employer
- Church
- Hospital or nursing home
You might assert the following negligence claims against these parties:
- Failing to conduct a background check or hiring someone despite red flags
- Neglecting to supervise the abuser to prevent them from misusing their position
- Failing to train managers or other workers to spot and report possible abuse
- Retaining someone after abuse allegations arise
- Covering up the abuser’s acts and thereby preventing others from protecting themselves
- Providing inadequate security for guests on the premises
Claims against the enablers are critical to many lawsuits. The abuser might not have the resources to pay for your abuse-related costs and losses. However, their enabler might have a liability policy that can compensate you once you prove your case.
Sex Abuse Compensation in Illinois
You can seek compensation for your economic and non-economic losses. Economic losses represent your financial costs for medical care, counseling, and therapy. They also cover your wage losses if you miss work while you recover from the abuse or attend medical or therapy appointments. Your sex abuse attorney proves these losses using financial records, such as receipts, wage records, and therapy bills.
Non-economic losses cover the impact of the abuse on your quality of life. Examples of non-economic losses include pain, anguish, and emotional distress. Thus, you can seek compensation for lost sleep, flashbacks, and other non-physical effects of the sex abuse. Your sexual abuse lawyer proves these losses using medical records and your testimony.
FAQ
What Are the Differences Between Criminal Sex Abuse and Civil Sex Abuse Trials?
Prosecutors must have proof beyond a reasonable doubt, while you only need to persuade a jury by a preponderance of the evidence. Additionally, you can include parties other than the perpetrator in a lawsuit, whereas prosecutors usually exclude them unless they can prove criminal intent.
Is Consent a Defense to a Sex Abuse Lawsuit?
Consent can be a defense to battery, assault, or false imprisonment in a civil lawsuit. However, the at-fault party can also exceed your consent. For example, if you agreed to kiss the other person, you might still have a battery case when the other party took things too far.
How Long Do I Have to Pursue a Sex Abuse Claim in Illinois?
If you were 18 or older when the abuse occurred, you typically have two years to file a lawsuit. If you were under 18, the statute of limitations is paused until you turn 18. You have 20 years from your 18th birthday or the date you discovered the abuse.
Contact Hart McLaughlin & Eldridge to Discuss Your Situation With a Chicago, IL, Sex Abuse Attorney
You should not bear the burden of the injuries and financial losses suffered after surviving sexual abuse. Contact us to discuss your case with a Chicago sex abuse lawyer to learn how we can help you seek compensation from the abuser and their enablers.