by Kevin O'Connell

Created on: December 30, 2008   Last Updated: January 09, 2009

The statute of limitations in child sexual abuse cases in Illinois has been amended most recently in 2003 (735 ILCS 5/13-202.2). This amendment pertains to the sexual abuse of persons under the age of 18 as previously prescribed by the states's Criminal Code of 1961, statute 720 ILCS 5/11-9.1. Its intent is to provide the parameters under which a plaintiff can make a claim for damages due to accountable action on the part of another, specifically the period and length of time available to the plaintiff in which to initiate this action.

In response to previous cases in which the Illinois State court's decisions have appeared unduly harsh toward the plaintiff, the amendment seeks to address the complex social and emotional issues that have been identified as consistent with child sexual abuse, particularly repression and the long term psychological injuries that are a result of such abuse.

To account for the uncertain time table of this process, and to simultaneously recognize the due process rights of the defendant, the amendment has more clearly defined the statute of limitations relative to this process.

In those cases in which a victim of past child sexual abuse seeks to bring action against a defendant, the statute of limitations begins once the victim has reached the age of majority (18 years of age). Once this legal clock starts ticking, the victim, or plaintiff, has ten years to commence such legal action.

However, there are three existing conditions that modify the interpretation of this statute:

1. If at the time the victim attains 18 years of age, he or she is legally recognized as being under some other disability, the statute of limitations does not begin until that legal recognition is removed.

Other legal disabilities are those physical, emotional, or psychological conditions that deprive the plaintiff of the capacity to manage or to be solely responsible for his or her own affairs.

2. If at the time the victim attains 18 years of age, he or she is still being controlled by the abuser or some individual acting in concert with the abuser, whether through coercion, threat, intimidation, manipulation, or other means, the statute of limitations does not begin until the victim is free of such control.

In this case, the court acknowledges that despite being the age of majority, the individual may out of fear for his or her life, or physical well being, refrain from taking action he or she might otherwise take were that fear not present.

3. The statute of limitations

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