by Author Name Withheld 13

Created on: December 31, 2008   Last Updated: January 09, 2009

"I want to get back with her, but her parents will press sexual abuse charges against me! Is there an Illinois statute of limitations that protects me?"

John is 24 years old and shares a child with Mary, who is 20; their child is 4. He hasn't seen either Mary or the child, and doesn't know the child's gender. The last memory he has is getting her pregnant, her parents finding out and having him arrested, and him sitting in the police station.

Mary's parents were going to press sexual abuse charges, but decided to hold off on one condition; that John never contacts Mary again. But, curiosity is getting the best of him; he wants to see Mary and his child. Has the statute of limitations for pressing charges against him run out?

720 ILCS 5, Chapter 38, Paragraph 3-6, Statute of limitations of sexual abuse cases in Illinois.

If sexual abuse occurred between two family members under 18, the person pressing charges can do so up to one year after the victim turns 18. The state isn't restricted to a 3 year time limitation to carry this case through trial. So, if a victim reports sexual abuse prior to turning 19, and this abuse took place 4 years ago, the state can still press charges against the sex abuser.

The statute of limitations for reporting sexual abuse in the work place is one year after the offense.

Aggravated sexual abuse victims have up to 3 years to report the offense. Prosecution can start the sexual abuse case within 10 years after the crime was committed.

In violent sexual abuse cases against someone under 18, prosecution has up to 20 years after the victim's 18th birthday to bring the case to trial. Crimes covered under this law include sexual assault, aggravated sexual assault, predatory sexual assault against a child, and aggravated sexual abuse.

Is John safe?

720 ILCS 5, Chapter 38, Paragraph 12-15, Illinois Criminal sexual abuse.

John was 20, and Mary was 16, when they had intercourse. Age of consent in Illinois is 17. Subparagraph (b) of the sexual abuse laws applies to him. He committed criminal sexual abuse by having intercourse with someone under 17.

This means that her parents would have to bring charges against him by the time she turned 19. She's 20 years old in this scenario. Prosecutors can prosecute this case 3 years after the sexual abuse, which happened when she was 16.

Had her parents reported the sexual abuse before Mary turned 19; Illinois would still be able to prosecute John for sexual abuse. The parents didn't report it. Just to be safe, John would have to talk to a criminal lawyer about statute of limitations before trying to reestablish contact with Mary.

Even if things seem clear cut in your favor, these laws are still tricky. It's safer to discuss your case and legal options with your lawyer.

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