Can I Sue if the Abuser Was Never Convicted? Yes, and Here Is Why

Yes. A civil claim and a criminal case are separate things, with different standards and different parties.

  • Free
  • Confidential
  • No police report required
  • No conviction required

Yes, you can. A civil claim does not require a conviction, a charge, or a police report. It uses a lower standard of proof and is usually brought against the institution rather than the individual.

Ervin Nevitt, Esq., sexual abuse lawyer and partner at Coplan + Crane.
Ervin Nevitt · Partner, Coplan + Crane
Illinois bar registration 6319808 · admitted 2014

Two different systems

A criminal case is brought by the State against a person, and it requires proof beyond a
reasonable doubt. A civil claim is brought by you, usually against an institution, and it uses a
lower standard, what is more likely than not.

They are separate. One can happen without the other, and the outcome of one does not decide the
other.

The misconception that costs people most

This is the single most common reason people never ask. They assume that because nobody was
arrested, or a prosecutor declined, or a case collapsed, there is nothing left. That is not how it
works. A prosecutor’s decision reflects what could be proved to a criminal standard against an
individual, not whether an institution was negligent.

Nor do you need to have reported

Most of the people we speak to never reported at the time. In custodial and institutional
settings, reporting often meant telling colleagues of the person responsible. The absence of a
report is not treated as evidence that nothing happened.

If the person has died

A claim can still proceed. It is brought against the institution that placed them in a position of trust, and the institution usually still exists.

This page describes Illinois law in general terms. It is not legal advice and it cannot tell you whether your own claim is in time, that depends on facts this page does not know. A conversation costs nothing and will give you a real answer.

What actually happens if you contact us

Nothing is set in motion by asking a question.

  1. You speak to a person

    Not a form, not an intake script. You do not have to describe what happened in order to have the conversation.

  2. We look into who had a duty

    Which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.

  3. You decide

    We tell you plainly what is possible. If you decide not to go ahead, that is the end of it and what you told us stays confidential.

  4. If you go ahead, we carry it

    Filings, deadlines, records and the institution's insurers. Steps can be taken to protect your identity in the court record.

Call (708) 671-6858 Free case review