Illinois Child Sexual Abuse Laws
Understanding your legal rights is the first step toward justice. Illinois law now provides expanded protections for survivors of childhood sexual abuse.
Current Illinois Law
Under current Illinois law (735 ILCS 5/13-202.2), survivors of childhood sexual abuse have 20 years to file a civil lawsuit from the date they discover (or reasonably should have discovered):
- That the abuse occurred, AND
- That the abuse caused their injury
Important: The clock does NOT start until the victim turns 18 years old.
Illinois uses a "discovery rule" which recognizes that many survivors:
- May repress or suppress memories of abuse
- May not understand the abuse was wrong until later in life
- May not connect their psychological injuries to childhood abuse until years later
This means the 20-year clock does not start running until you actually discover (or should have discovered) the connection between your injuries and the abuse.
The statute of limitations may be "tolled" (paused) during periods when:
- The survivor was threatened or intimidated
- The survivor was manipulated by the abuser or institution
- The abuse was fraudulently concealed by the defendant
These provisions recognize that abusers and institutions often use their power to silence victims and cover up abuse.
Effective January 1, 2026, Illinois Public Act 104-159 provides that actions for childhood sexual abuse may be commenced at any time if not previously barred by the statute of limitations.
This means that if your case was still within the statute of limitations as of the effective date, you will have no time limit to file your claim.
Evolution of Illinois CSA Laws
Illinois has progressively expanded protections for survivors over the years.
Limited Time to File
Survivors had very limited time to file claims, often just a few years after turning 18.
Extension to 20 Years
Illinois extended the statute of limitations to 20 years from the date of discovery.
Discovery Rule Clarified
Courts clarified that the clock starts when survivors discover the connection between their abuse and injuries.
AG Report Released
Illinois Attorney General released comprehensive report on clergy abuse, prompting renewed attention to survivor rights.
Window Opens Further
Starting January 1, 2026, survivors can bring claims at any time if not previously time-barred (P.A. 104-159).
Who Can Be Held Liable?
Illinois law allows survivors to seek compensation from multiple parties:
Individual Abusers
- Priests, teachers, coaches, counselors
- Foster parents, group home staff
- Any person who committed abuse
Institutions
- Churches and dioceses
- Schools and school districts
- Youth organizations (BSA, YMCA, etc.)
- Any organization that failed to protect
Institutional Liability
Institutions can be held liable when they:
- Failed to properly screen or supervise employees
- Ignored warning signs or prior complaints
- Failed to report suspected abuse to authorities
- Covered up or concealed known abuse
- Transferred known abusers instead of removing them
- Created an environment that enabled abuse
Not Sure If Your Case Qualifies?
The statute of limitations can be complex, and every case is different. Our attorneys can evaluate your specific situation and explain your legal options at no cost.
This information is for educational purposes only and does not constitute legal advice. Contact us for advice specific to your situation.