Illinois Statute of Limitations for Sexual Abuse Claims: Why There Is No Single Deadline

Time limits in Illinois depend on how old you were, who was responsible, and which statute your claim runs under.

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There is no single deadline, and that is the most useful thing to know. Childhood abuse, adult claims and claims against public bodies run under different provisions with different clocks. People regularly assume they are out of time and turn out not to be.

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

Why there is no single answer

People ask what the time limit is in Illinois as though it were one number. It is not. Which
provision governs your claim depends on three things: how old you were when it happened, who is
responsible, and what legal route the claim runs under.

Childhood sexual abuse

Illinois provides that an action based on childhood sexual abuse may be commenced at any time
(735 ILCS 5/13-202.2). There is a qualification about claims that had already expired before the
provision changed, which is covered in more detail on the dedicated page linked below.

Claims under the Gender Violence Act

The Illinois Gender Violence Act sets its own periods, a longer one for some categories of
gender-related violence, a shorter one for others, and a different period again for actions against
an employer. Where the plaintiff was a minor, each runs from their 18th birthday rather than from
the incident.

Claims against public bodies

The Tort Immunity Act sets a one-year period for civil actions against local public entities and their employees, such as school districts, counties, cities and park districts. Claims against the State itself, including state agencies and public universities, go to the Illinois Court of Claims, which has its own filing rules.

Childhood sexual abuse claims are not subject to it.

The specific provision governing childhood sexual abuse overrides the Tort Immunity Act’s general limit, so a claim arising from abuse suffered as a child in a public institution is not cut off by that short period.

Adult claims

For abuse or assault that happened when you were 18 or older, an ordinary injury claim generally must be brought within two years (735 ILCS 5/13-202). That period is paused for any time you were subject to threats, intimidation, manipulation or fraud by the person responsible (735 ILCS 5/13-202.3). Adult deadlines are far shorter than childhood ones, which is the main reason not to wait.

What to do with that

Not decide for yourself. The single most common thing we hear is that someone assumed they were
too late and never asked. Asking costs nothing and takes one conversation.

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