If you, your child, or a loved one survived sexual abuse as a child, soon you may have a clearer path to seeking justice — even as an adult.
A new day is dawning for victims of childhood sexual abuse in Illinois as the proposed new laws go into effect with the expected passing of House Bill (HB) 222.
Changes to the Illinois Antitrust Act
The new childhood sexual abuse laws, which are expected to pass the Illinois Senate and be signed into law, add amendments to the Illinois Antitrust Act, effectively changing the Code of Civil Procedure. All this means is that the act will offer additional protections for victims who wish to take civil action against their abuser. Here are the three major changes HB 222 will make to the Illinois Antitrust Act:
1. HB 222 no longer leaves room for contributory fault, which, in sexual assault cases, more or less amounts to victim blaming. If someone sues for damages because they were sexually abused as a child, the plaintiff (or victim) cannot be blamed in any way for what happened.
2. A new section, called Sexual Abuse Per Se Harmful Article, was also added. It states that if the plaintiff can prove that the defendant committed childhood sexual abuse, the court will automatically assume that the abuse was harmful and traumatic to the victim.
3. Finally, HB 222 clarifies that the law does not mean a victim is expected to have known or realized the connection between the abuse and their injuries at any specific time. In other words, the law cannot automatically assume that childhood sexual abuse survivors knew they were being harmed at the time of the abuse.
What Does This Mean for Survivors of Childhood Sexual Abuse
Essentially, these changes will make it easier for victims to win cases by removing challenging roadblocks that often emerge in lawsuits. This will have significant implications for Chicago and Illinois citizens.
Easier Legal Process for Survivors
One common tactic defense lawyers use is to argue that the victim’s own actions or decisions contributed to the abuse, even when they were children. Guilt and fear of being blamed for their abuse are major reasons why many survivors of childhood sexual abuse never come forward.
This transformative new bill will no longer leave room for this below-the-belt tactic. It’s the court’s way of saying to victims, “This is not your fault.” The only people at fault for the sexual abuse of a child are the abuser and any adult who knew or should have known the abuse was happening.
Stronger Protections in Court
Additionally, the Sexual Abuse Per Se Harmful Article that was added will protect victims from having to relive their trauma in court by detailing how the abuse affected them. Sexual abuse lawsuits can be very emotionally taxing for the victim.
Taking every precaution to avoid re-triggering victims who were sexually assaulted as a child is a step towards showing the highest level of dignity they deserve.
Flexibility in When Survivors Can File Lawsuits
Many survivors of child sexual abuse do not recognize or even remember the abuse until they are well into adulthood. Even if they do, it may still take time for them to understand the full extent of the damage caused- emotional, psychological, or physical.
The new amendment takes this into account by not assuming the survivor knew right away (or at any specific time) that the abuse caused their harm or injuries. This allows more flexibility for when they can file a lawsuit.
Accountability for Abusers
With fewer legal hurdles, survivors of child sexual abuse may feel encouraged to come forward and report their abuse. Illinois recognizes childhood sexual abuse as extremely serious and harmful and abusers will be held accountable.
Disparti Leads the Charge in Getting Justice for Victims
Attorney Larry Disparti and the Disparti Law Group Accident & Injury Lawyers have led the charge in getting justice for childhood sexual abuse victims in Illinois. When a CPS elementary school gym teacher groomed and abused three boys during and after school hours, we knew it was time to take a stand.
In this landmark $2 million settlement we sent a clear message: abusers will be held accountable and we will fight to the bitter end to get justice for survivors of child sexual abuse. And we intend to stay in this fight for every Illinois citizen who has ever been sexually abused as a child.
Sexual Abuse Hotline — Call Now!
Victims and parents of abused children can speak directly, and confidentially, with an attorney who specializes in abuse cases by calling our Sexual Abuse Hotline at (312) 506-1235 today. You don’t have to go it alone; we are prepared to fight with you and for you.
