Lawsuit Update Center
Victims of sexual abuse or sexual assault in Illinois can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.
In this post, we will look at the process of filing a civil lawsuit for sexual abuse in Illinois. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.
Who Is Eligible to Bring A Sexual Abuse Case?
The legal concept of “sexual abuse” is often not fully understood. This leaves many victims of sexual abuse in wondering whether what happened to them actually meets the legal definition of sexual abuse for purposes of bringing a civil lawsuit. For example, what if a 16-year-old high school student has a sexual relationship with her 24-year-old teacher? Or what if a mental health patient sleeps with her therapist? Both of these scenarios would qualify as sexual abuse in a civil lawsuit.
Sexual abuse includes any non-consensual touching of a person’s intimate parts intentionally done for sexual gratification or arousal. This broad definition encompasses actions ranging from groping breasts at an office event to forcible rape, all falling under the large umbrella of sexual assault or abuse.
Two critical elements must be present for an action to qualify as sexual assault in Illinois: (1) sexual intent and (2) lack of consent.
- Sexual Intent: The plaintiff must demonstrate that the defendant engaged in unwanted touching for sexual gratification. Incidental or accidental touching does not meet this criterion.
- Lack of Consent: The intentional touching must occur without consent. Importantly, individuals under the age of 18 cannot legally give consent to sexual touching. Therefore, any intentional sexual contact with a minor by an adult inherently lacks consent and qualifies as sexual assault.
Victims Have the Right to File Civil Lawsuits
Sexual abuse or assault is both a criminal and civil offense in Illinois. This means that sexual abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police and even if they never told anyone about the incident.
The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So, even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Suing Schools, Churches, And Other Third Parties
Sexual abuse victims can always sue the individual who abused them. Usually, however, suing the abusers is somewhat pointless because you won’t be able to get any money from them. Even if the abuser is still alive and not in jail, they probably don’t have the money to pay a verdict or settlement.
The key to getting compensation in a sex abuse lawsuit is finding a company, school, or other third party with deep pockets (or insurance) to hold liable for negligence. Illinois law allows abuse victims to file civil lawsuits against third parties who were negligent in failing to prevent or stop the abuse. Common third-party defendants in sex abuse civil lawsuits include schools, churches, or organizations such as the Boy Scouts. If you can show that one of these organizations had a duty to prevent or stop the abuse and failed to do so, they can be held legally liable for damages.
For example, if a teacher abused you at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Also, if you were sexually abused or assaulted in a dimly lit parking lot, you could sue the parking lot owner for negligent security.
Examples of Third-Party Sex Abuse Lawsuits
The concept of third-party liability in sex abuse lawsuits is sometimes difficult to understand. Below are some illustrative examples of how suing a third party often works.
Example #1: School
Let’s say Jill experienced sexual abuse by her high school teacher, Billy. Although Jill did not disclose the abuse, the school had received other reports and complaints about Billy’s inappropriate conduct with students, which it failed to investigate. In this case, Jill could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Billy and protect Jill and other students from potential harm.
Example #2: Hotel
Amy is 13 years old and staying a hotel with her parents. She sneaks out of her parents’ room at night and goes down the hotel bar where she starts hanging out with Jimmy. Jimmy gets Amy drunk at the bar and she eventually passes out in the hotel lobby. Jimmy gets a hotel employee to help carry Amy to his room and then keeps her there all night and sexually assaults her. Meanwhile, Amy’s parents eventually realize she is missing and spend the whole night searching for her. Amy and her parent could sue the hotel for negligent security.
Example #3: Church
Father Joe is a pastor at Acme Church’s parish in Baltimore. This is Father Joe’s 4th parish assignment in the last 6 years. The church keeps getting complaints about his inappropriate conduct with young boys in the church youth group. In response to the complaints, church officials just reassign Father Joe to a new parish. At his last parish, there was an allegation that Father Joe sexually abused someone in his youth group. Instead of investigating, the Church just reassigned Father Joe again. This time Father Joe sexually abuses 2 boys at his new location. The boys and their parents can sue Acme Church for negligently failing to investigate and/or terminate Father Joe.
Legal Deadline for Illinois Sex Abuse Lawsuits
The statute of limitations is the legal deadline for victims to file a lawsuit. Illinois is one of the states that has recently changed its laws to make it much easier for abuse victims to file lawsuits even years after the abuse occurs.
For sexual abuse that occurred after 2014, there is no statute of limitations deadline for victims to file civil lawsuits. This means that victims who were abused after 2014 have no time limit on filing a civil lawsuit. For abuse occurring prior to 2014, the SOL deadline is the age of majority (18) plus 20 years … so the victim’s 38th birthday.
Illinois Juvenile Detention Center Sex Abuse Lawsuits
Over the last few years, the Illinois Department of Juvenile Justice has faced a growing number of sexual abuse lawsuits brought by former juvenile detention center inmates. These Illinois sexual abuse detention center lawsuits allege that the victims were sexually assaulted and/or abused by staff members at the detention centers, and that the DJJ was negligent in failing to screen and supervise staff properly, and failing to implement other protective measures.
Illinois Residential Treatment Center Sex Abuse Lawsuits
Residential treatment facilities have become widely utilized in the last decade. In Illinois, the state has sent many juveniles to private residential treatment facilities in lieu of sending them to juvenile detention centers. New evidence has emerged, however, showing that residential treatment facilities in Illinois have a pattern of misconduct, including reports of physical and sexual abuse, poor supervision, and inadequate safety measures.
Juveniles in Illinois residential treatment facilities are often the victims of sexual abuse by staff as a direct result of these systemic failures and neglect. These victims are now filing civil sex abuse lawsuits against the companies that operate these facilities, such as Universal Health Services and Acadia Health System.
Settlement Value of Illinois Sex Abuse Lawsuits
Illinois sex abuse lawsuits against third parties are evaluated for settlement based on various factors that contribute to determining an appropriate settlement amount and the likelihood of reaching an agreement among the involved parties. Some critical factors include:
- Strength of the evidence: The viability and quality of evidence supporting the victim’s claims are pivotal in gauging the potential success of the lawsuit. Solid evidence may result in a higher settlement amount, as churches and other defendants prefer to avoid significant trial verdicts.
- Severity of the abuse: The extent and nature of the abuse can impact the settlement amount. Cases involving more severe abuse may lead to larger settlements due to the heightened emotional and psychological damage experienced by the victim. The duration of the abuse is also correlated with larger settlement payouts, acknowledging that even a single incident can be profoundly traumatic.
- Damages: The victim’s incurred damages, including emotional distress, pain and suffering, medical expenses, and lost wages, significantly influence the settlement amount. Pain and suffering damages often constitute the largest portion of any settlement.
- Extent of Third-Party Liability: The degree of responsibility or negligence on the part of the church, particularly in how they failed the victim, affects the settlement amount. Awareness of abuse, negligence, or attempts to conceal wrongdoing can have a substantial impact on settlement payouts.
- Reputation and Financial Resources of Third Party: The financial standing and public image of the church or third-party defendant can sway the settlement amount. Established institutional defendants may be more inclined to settle for higher amounts to protect their reputation and avoid a protracted trial. Conversely, defendants lacking assets or insurance coverage pose challenges.
Verdicts and Settlements in Illinois Sex Abuse Cases
When people are considering filing a sexual abuse lawsuit in Illinois, one of the first questions they often ask is, “What is my case worth?” It is natural to look at past settlements and verdicts for answers. These examples can be helpful in understanding the types of cases that are being filed, the institutions and individuals being held accountable, and the general range of payouts in Illinois.
But a word of caution is needed. The usefulness of these examples in predicting the value of any one individual case is minimal. That is because no two cases are alike. The value of a sex abuse claim depends on many unique factors, such as the severity and duration of the abuse, the psychological and physical harm suffered, the strength of the evidence, the age of the victim, how the defendant responds, and the jurisdiction where the case is filed. Settlement values can also be influenced by whether there is media attention, whether punitive damages are applicable, or whether the defendant is a public or private entity.
For all these reasons, prior verdicts and settlement amounts should be viewed as broad reference points, not direct predictors of outcome.
With that in mind, here are some example Illinois sex abuse settlement amounts and jury payouts.
In this case, the plaintiff came forward with claims that he was sexually assaulted by his teacher more than 12 times while attending a private high school in the Chicago suburbs during the 1980s. According to the complaint, the student reported the abuse to school administrators at the time, but no meaningful action was taken. The plaintiff argued that the school’s failure to protect him and to respond to the abuse properly allowed it to continue. This settlement reflects both the long-term trauma suffered and the institutional negligence alleged by the survivor.
This record-breaking verdict involved a civil lawsuit against Pavilion Behavioral Health System, a mental health facility, after a young patient was sexually assaulted under their care. The jury awarded a total of $535 million in damages, including a staggering $475 million in punitive damages, citing the facility’s gross negligence and systemic failure to protect the vulnerable minor. The size of the award reflects not only the harm to the victim but also the court’s condemnation of the institution’s lack of safeguards and accountability.
A female inmate filed suit against state prison authorities after suffering repeated sexual abuse by correctional officers while incarcerated at Logan Correctional Center. The plaintiff argued that her complaints were ignored and that the institution failed to take corrective or investigative action. The jury awarded her $19 million, sending a strong message about the rights of inmates and the legal responsibility of correctional institutions to prevent and address sexual violence within their facilities.
This lawsuit was filed on behalf of a young girl who was allegedly sexually abused by her kindergarten teacher at the age of five. The civil complaint alleged that the teacher had been previously accused of misconduct, yet the school district failed to take action or enforce safety protocols to prevent further harm. The settlement highlights the crucial importance of responding to early warning signs and holding school districts accountable for safeguarding children.
The plaintiff in this case alleged that he was repeatedly raped by a correctional officer over nine months while incarcerated in Cook County Jail. The lawsuit was brought against both the officer and Cook County, arguing that the jail failed to monitor staff behavior adequately and ignored numerous red flags. The $500,000 settlement represents a measure of justice for the survivor and emphasizes the need for robust oversight within detention facilities.
Contact Us About Illinois Sex Abuse Lawsuits
If you have a sex abuse lawsuit in Illinois, contact our lawyers today at 800-322-3010 or contact us online.
