Since 2001, we have helped hundreds of people who are victims of sexual abuse in Illinois. For a free, confidential consultation with an attorney, call us at 312-346-5320. We cover all of Illinois.
We have been proud to help so many victims of sexual abuse and assault get justice by suing their attacker. There are a lot of misconceptions about this area of law. Here are ten things you should know.
- Victims have two options. They can pursue criminal charges and they can sue the scumbag that harmed them for monetary damages. That may also include going after their employer if it was a situation like a teacher or doctor who violated you.
- To pursue criminal charges, you call the police. They and the State’s Attorney of the county where it happened are the ones that can bring a criminal case.
- Private lawyers are the ones that bring civil lawsuits. That is why people come to us as we have a track record of success in helping people.
- It isn’t required that you file criminal charges, but it can certainly enhance your case both with your credibility and gathering of evidence.
- Whether or not a civil lawsuit makes sense often comes down to does the defendant have anything. Suing a 16 year old for rape likely wouldn’t result in getting anything from them even if you get a judgment. You still have to be able to collect. On the other hand, if the rape occurred because their parents supplied alcohol, you’d be able to sue the parents and would have a much better shot. We always go through who possible defendants could be when we evaluate your case.
- Illinois lawsuits for sexual abuse are handled on a contingency basis. That means your lawyer won’t get paid unless you make a recovery. If you do, the attorney will receive a percentage of what the settlement or judgment is, usually 1/3. If nothing is recovered, you owe nothing.
- There is no set formula for determining damages in these cases. Generally speaking, the worse the act, the more a case is worth. In other words, a violent rape with penetration would likely be worth more than a lawsuit for someone rubbing you through your clothes. Both are wrong of course. Some things we look at in making a case include: Are there any hospital bills for an injury; Do you have therapy bills?; Did the assault cause any pain and suffering?; How has this experience impacted your life?; Do you have any documented PTSD?
- A big concern a lot of clients have is will they have to see their attacker in court? The answer is it depends. If the case goes to trial then you will. If it does not then you can likely avoid them. People also want to know if they can remain anonymous. Most of these lawsuits are filed that way, although there’s no guarantee it will stay that way.
- Sexual abuse sadly occurs in a lot of trusted settings like schools, churches, day cares, hospitals and rehab centers. It also occurs often on the job. If that happens, you may have a lawsuit against the attacker and possibly a workers’ compensation claim against your employer. If the employer knew that this person was prone to this type of behavior, you may be able to sue them as well.
- Aside from compensating you, the goal of any sexual abuse lawsuit in Illinois is to prevent the same type of behavior from happening in the future. Lawsuits are a great way of doing that as it can discourage the bad person and also put others on notice to look out for them.
We are very sensitive to these cases and promise to treat you with compassion and be the strongest advocate possible for you. If you’d like to discuss a possible case, please call us any time at 312-346-5320.