Sexual Abuse Statute of Limitations in Illinois

A lawsuit alleging childhood sexual abuse was filed yesterday in Du Page County, Illinois against Bill Gothard and the Institute of Basic Life Principles that he founded in 1961. The lawsuit filed by 10 women includes allegations of rape, molestation and sexual harassment. The allegations date back to at least 1992.

The statute of limitations will surely be an issue. For sexual abuse that occurred as early as 1992, the Illinois statute of limitations in effect for childhood sexual abuse is 735 ILCS 5/13-202.2 This 1991 version of the statute of limitations provides that an action for childhood sexual abuse must be commenced within 2 years of reaching 18 or 2 years from the date the person abused discovers the act of childhood sexual abuse occurred and that injury was caused by the childhood sexual abuse….“but in no event may an action for personal injury based on childhood sexual abuse be commenced more than 12 years after the person abused reaches the age of 18.” 735 ILCS 5/13-202.2

This means that if a person abused reaches the age of 30 prior to January 1, 1994, the 12 year statute of repose forever bars their claim. Illinois has amended the statute of limitations for childhood sexual abuse in 1994, 2003, and 2011. The 2011 version, which is currently in effect, increased the time to bring the action to 20 years after the person abused reaches 18. My blog of March 28, 2012 sets forth in detail the various statute of limitations deadlines of the 1991, 1994, 2003 and 2011 versions of the statute of limitations for childhood sexual abuse in Illinois.

Should you or a family member have a claim for childhood sexual abuse in Illinois, it is critical to consult with an attorney knowledgable in this area to advise you which version of the Illinois childhood sexual abuse statute of limitations is applicable to your situation. Feel free to contact Edmund Scanlan at 312-422-0343 for a free consultation with an attorney experienced in representing victims of childhood sexual abuse.