Illinois Childhood Sexual Abuse Statute of Limitations: There Is No Time Limit, With One Proviso

Illinois removed the civil time limit for childhood sexual abuse claims, with one qualification that matters.

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Illinois law provides that an action for damages based on childhood sexual abuse may be commenced at any time. There is an important qualification about claims that had already expired before the law changed, which is why this is worth asking about rather than assuming either way.

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

What the statute says

The governing provision is 735 ILCS 5/13-202.2. Its subsection (f) provides
that an action for damages based on childhood sexual abuse may be commenced at any
time
. Illinois is among the states that removed the civil limitation period for this
category of claim.

The qualification

The removal applies to actions commenced on or after the effective date of the amendment,
provided the action would not already have been time-barred before that date.
That proviso is the whole game. “No time limit” is accurate looking forward; it does not
automatically revive a claim that had already expired under the older rule.

Whether a particular claim falls on one side of that line or the other depends on when the abuse
happened, when the person turned 18, and how the earlier discovery rule applied to them. It is not
something a web page can work out.

The discovery rule that applied before

The earlier rules changed several times. From 2011, the period ran for 20 years from when it began under subsection (d), or 20 years from when the person discovered both… Before 2011 the periods were shorter, so which version applied depends on when the abuse happened and when the person turned 18.

The clock did not begin until the person turned 18, or until another legal disability was removed.

If the defendant is a public body

Claims against school districts and counties normally run under the Illinois Tort Immunity Act, which sets a much shorter period than applies to private defendants. Childhood sexual abuse is the exception. The specific provision at 735 ILCS 5/13-202.2 governs over that general rule, so the short Tort Immunity period does not bar a childhood sexual abuse claim against a school district or county.

Claims against the State itself, including state youth centres, DCFS placements and public universities, are brought in the Illinois Court of Claims, which has its own filing rules. Those claims need their own timing analysis.

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