The most common reason survivors of childhood sexual abuse never seek legal help is not fear or shame, although both are real. It is a misunderstanding. People assume that because nobody was arrested, because a prosecutor declined the case or because a criminal trial ended without a guilty verdict, there is nothing left to pursue. In Illinois, that assumption is mistaken. Criminal and civil cases are separate systems, and one can proceed without the other.
You are not required to have filed a police report. No charge is needed, and no conviction is needed. A civil claim for childhood abuse looks at the institution responsible for the child and asks what it knew, what it should have known and what it did about it.
Two Systems, Two Purposes
A criminal case is brought by the State against an individual. Its goal is punishment, and it requires proof beyond a reasonable doubt, the highest standard in law. A civil claim is brought by the survivor, usually against an institution. Its goal is accountability and compensation, and it uses a lower standard: whether something is more likely than not.
Because the two systems ask different questions under different standards, the result of one does not decide the other.
What a Prosecutor's Decision Means
When a prosecutor declines to file charges, that decision reflects what could be proved to the criminal standard against one person. It is not a finding that the abuse did not happen, and it says nothing about whether a school, church, youth program or care provider was negligent. A civil claim can examine institutional conduct that a criminal case never touches.
Criminal cases collapse for many reasons that have nothing to do with whether a child was harmed. Witnesses move away or die. Evidence from decades ago may not meet the strict rules of a criminal courtroom. A survivor may not have been ready to testify at the time. None of those outcomes erases the institution's duty to the children in its care, and none of them prevents a civil court from asking how that duty was carried out.
Silence at the Time Is Not Evidence
Most people who contact our office never reported the abuse when it happened. For children, reporting was often impossible. In custodial and institutional settings, it could mean telling the colleagues or supervisors of the very person responsible. The absence of a report is not treated as proof that nothing occurred.
A child also could not consent, could not leave and usually could not report safely. Courts recognize that context, and it is one reason childhood claims are handled differently from claims arising in adulthood.
Who the Claim Targets
The usual defendant is the institution that had care of the child, rather than only the abuser. Negligent supervision is the theory that most often carries these cases, with other theories frequently running alongside it depending on the facts.
When the institution is private, Illinois Tort Immunity rules for public bodies do not apply in the same way, and the questions are the ordinary institutional ones. For public bodies, the childhood sexual abuse provision in 735 ILCS 5/13-202.2 overrides the shorter Tort Immunity filing period.
Timing Still Matters
Under 735 ILCS 5/13-202.2(f), an action for damages based on childhood sexual abuse may be commenced at any time, provided the claim was not already time-barred before the amendment took effect. Whether a given claim is open depends on when the abuse happened, when the survivor turned 18 and how the earlier rules applied. That is a question worth asking rather than assuming.
Questions We Are Often Asked
The police investigated but never charged anyone. That does not prevent a civil claim. The civil standard is lower, and the target is usually the institution.
There was a trial and the person was acquitted. An acquittal means the State did not prove the criminal case beyond a reasonable doubt. It does not resolve whether the institution was negligent.
I'm worried about the cost. There is nothing to pay up front. These cases are taken on a contingency fee, so there is no fee without a recovery.
It was so long ago. Delayed claims are the norm in this work. Your age at the time, who was responsible and the particular facts decide what is possible.
Beginning the Conversation
You can reach out with nothing more than a question. You will speak to a person, and you will not be asked to recount what happened. If you want us to look into it, we research at no cost which institution had a duty, what it knew, which records exist and whether a claim can still be brought. We then give you an honest answer. If you decide not to go further, that ends it and your information stays confidential. If you decide to proceed, our firm handles the filings, deadlines, records and the institution's insurers, and we can seek orders protecting your identity in court.
Contact Coplan + Crane
Call (708) 671-6858 at any hour, any day. Ervin Nevitt, a partner at Coplan + Crane, has been a member of the Illinois bar since 2014. The firm's office is at 60 W Randolph St, Suite 333, Chicago, IL 60601.
Support is also available outside the legal process. RAINN's National Sexual Assault Hotline, 1-800-656-4673, is free and confidential around the clock. Call 911 if you are in danger. Talking to a hotline will not affect any claim.
Attorney advertising. Provided for general information, not as legal advice.
