Sexual abuse by family members is a horrific betrayal and can leave lifelong scars, both physical and mental. If a family member has sexually abused you, it’s vital to know that you have legal options to protect yourself and hold them accountable. The path forward might not be easy, but an experienced Chicago sexual abuse attorney can help.
Why Take Legal Action Against a Family Member Who Abused You?
Revisiting memories of family sexual abuse can be painful, and you might want to put the incident behind you. However, taking legal action can be beneficial for you and other abuse survivors. First and foremost, a civil lawsuit or criminal case gives you the chance to tell your story and hold your abuser accountable in court. Furthermore, a criminal conviction could send your abuser to prison, while the compensation you receive from a lawsuit can give you resources to help you heal.
Legal Options for Chicago Victims of Family Sexual Abuse
You have two primary options for taking legal action against a family member who abused you:
Civil Lawsuits Against Family Members for Sexual Abuse
A civil lawsuit cannot send a family member to jail, but it can help you recover compensation for the physical and emotional harm you’ve suffered. Under Illinois law, the time limit for filing a civil sexual abuse lawsuit depends on several factors, including your age at the time of the abuse and when you discovered the abuse. Survivors of child sexual abuse usually must file a lawsuit by their 38th birthday or within 20 years of when they discover or reasonably should have discovered the abuse, whichever comes later. An attorney can review the facts of your case and determine what deadlines apply.
In most circumstances, adult survivors of family sexual abuse typically must file a lawsuit within two years of the most recent incident of abuse. There are some situations in which you have more time to file, though, so make sure you talk to a lawyer before assuming you can’t take legal action against your abuser.
If you win your civil sexual abuse case, your compensation can include money for:
- Medical expenses
- Therapy and counseling costs
- Lost income
- Loss of future earning potential
- Pain and suffering
- Loss of enjoyment of life
Criminal Charges Related to Family Sexual Abuse
In addition to filing a civil lawsuit against a family member who sexually abused you, you can seek criminal charges against them. Your attorney can help you take your case to the authorities, particularly if the police or prosecutors hesitate to act because the abuse occurred many years ago. However, the fact that the abuse happened a long time ago should not deter you from seeking justice, particularly since Illinois recently eliminated the statute of limitations for felony child sexual abuse. (The statute of limitations for cases involving adult victims is more complicated, but recent changes to the law give survivors more time to pursue criminal charges.)
These charges carry long prison sentences, particularly if you were a child when the abuse occurred. A criminal conviction against your abuser can also be a significant milestone in your healing process.
What to Do If a Family Member Sexually Abused You in Chicago
Follow these steps if a family member has sexually abused you in Chicago:
- If possible, stay with someone else to get away from your abuser.
- Talk to a trusted friend, mental health counselor, or another party about what happened.
- Save any evidence that might support your case, such as clothes you were wearing, texts or other communication from your abuser, etc.
- Write down everything you remember about when and where the abuse occurred.
- Talk to a lawyer about your case.
Hale & Monico proudly fights for survivors of family sexual abuse in Chicago. If a family member has abused you, call now or complete our contact form for a free, confidential consultation.