Can You Sue for Sexual Assault?

Yes, you can file a civil lawsuit against an attacker in the state of Illinois. Not only does a civil claim hold the abuser accountable, but it also helps you receive financial compensation to help you heal. 

Filing a Civil Lawsuit vs. Pursuing Criminal Charges

There are two types of court cases related to sexual assault. The state’s attorney or prosecutor pursues a criminal case, which may result in punishment through jail time or fines. The victim will be a witness, and proof beyond a reasonable doubt is required.

A civil claim, like a personal injury lawsuit, is pursued by the survivor against the perpetrator and seeks to recover damages for the harm caused. In these lawsuits, the plaintiff must show a preponderance of evidence, meaning it is more likely than not that the defendant sexually assaulted the victim. 

These can be pursued separately, and it’s also possible that people other than the perpetrator, such as a parent who allowed abuse to occur, can be found liable in a civil case. 

You can also pursue a case for sexual harassment, which is illegal under the Chicago Municipal Code (§6-10-040). This is less frequently charged as a crime because it doesn’t involve force. 

Is a Police Report Required to File a Civil Sexual Assault Case?

Filing a police report is not necessary to pursue a civil case. Survivors may choose not to report sexual abuse out of fear of retaliation, especially if the perpetrator is a person they know in everyday life. A police report can be helpful, but we can use other evidence to establish what happened. These include witness testimony, medical records, and the victim’s account. 

Proving Your Case in Civil Court (Burden of Proof)

In a civil case, you must have a preponderance of evidence. This means that the court must determine that it is more likely than not that the rape, sexual harassment, or other sexual act happened like you said it did. The lower burden of proof makes it easier for the perpetrator to be held liable. 

Damages for Emotional Distress and Other Harms

In a sexual assault case, you can seek damages for medical bills, such as injuries, STD treatment, or therapy or counseling. If you had to take time off work, you may be eligible to seek lost wages. You can be compensated for any personal assets that were damaged in the sexual assault, such as clothing or jewelry. 

Pain and suffering compensate a victim of sexual assault for physical pain, while emotional distress considers the psychological damage and trauma caused by an assault. This is typically the most significant damage and includes things like trauma, anxiety, depression, fear, and humiliation.

If your case goes to trial, you can file a motion to consider punitive damages (735 ILCS §5/2-604.1). These are considered for willful and wanton conduct such as forcible rape. 

Illinois Statute of Limitations for Filing Your Lawsuit

In Illinois, you have two years to file a personal injury suit. However, there are some exceptions, such as if the victim didn’t realize they were assaulted until later, or if they were underage. You should contact an attorney as soon as possible to explore your legal options. 

Why You Need a Compassionate Attorney for These Sensitive Cases

Sexual assault is extremely traumatic and painful, making it even more important that an attorney approach these cases with care. Our Chicago sexual abuse lawyers are known for their compassion, skill, and fierce advocacy. 

We assist you in navigating the legal process, using a trauma-informed approach to ensure your mental health. Throughout the process, we will carefully gather evidence and protect your privacy while fighting for fair compensation. 

How Our Law Firm Supports Survivors

We are firmly committed to helping victims seek justice on their terms. When you visit our office, you can expect to be heard, supported, and respected at all times. Everything you share with us is confidential.

Our lawyers understand how traumatic a crime like sexual assault can be, which is why we work to minimize the disruption and stress of a trial. We will negotiate with liable parties on your behalf, keeping you informed of your case’s progress and prioritizing your comfort at all times. 

Contact Us for a Confidential Free Consultation

Every person should be free from sexual abuse and violence. Even if you do not pursue criminal charges, you can still get justice through a civil trial. Rosenfeld Injury Lawyers has a 98% success rate and operates on a contingency fee basis, meaning you owe us nothing unless we secure a favorable outcome in your case.

To schedule a free consultation with a personal injury attorney in Chicago, call us at (888) 424-5757 or use our online contact form. 

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.