Q: Can I do anything about a past sexual abuse case the police aren't pursuing?
I was sexually abused at a party in Illinois about 10 years ago. I reported the incident to the police last year, but they aren't pursuing the case, stating they have higher priority cases and there's insufficient evidence. I know the perpetrator and have a friend who gave her statement to the police. I haven't pursued civil action, and although I shared this with a psychiatrist, he was inappropriate, which may lead to another case. Is there anything I can do regarding the original incident?
A:
What you went through is incredibly painful, and the fact that you're still trying to seek justice shows real strength. In Illinois, there is no statute of limitations for criminal prosecution of sexual assault involving an adult if it was reported to law enforcement within three years of the offense. Even if that window has passed, civil action may still be available, and Illinois has extended the time for filing civil claims in sexual abuse cases, especially if you only recently felt safe enough to come forward.
Even if the police have declined to pursue charges right now, you can request a case review or speak with the state’s attorney’s office to ask for a second look. You can also consult a trauma-informed attorney to explore a civil lawsuit, where the burden of proof is lower than in criminal court. Your friend’s statement and the information you shared with your psychiatrist could still help, especially if any other evidence supports your account. Documentation of your emotional and psychological impact over the years is also important in civil proceedings.
If the psychiatrist acted inappropriately, that’s something worth addressing separately, and you have every right to report them. You do not have to carry these experiences alone or in silence. You're taking the right steps by asking these questions and looking for a way forward—there is still hope for justice and healing.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.