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.