by Wes Joyner

Created on: January 03, 2009   Last Updated: March 01, 2012

Victims of sexual abuse often suffer emotional trauma or intimidation that may cause them to delay reporting the incident to proper authorities. The Illinois Compiled Statutes (ILCS), available online through the Illinois General Assembly, provide valuable information to ensure victims and prosecutors have ample time to seek justice in criminal and civil proceedings.

The criminal aspects of sexual abuse are defined in the Criminal Code of 1961 (720 ILCS 5/). This law outlines the elements of specific sexual crimes, as well as general criminal procedures, which include statutes of limitations. There are two distinct categories of sexual abuses. Crimes involving bodily harm are outlined in Section 12 of the Criminal Code of 1961 (720 ILCS 5/12), and offenses such as solicitation, pimping, prostitution, and pandering, which do not involve direct bodily harm, are outlined in Section 11 (720 ILCS 5/11).

The general limitation in Illinois requires that prosecution of a felony must commence within 3 years of the offense, and prosecution of a misdemeanor must commence within 1 year, 6 months of the offense (720 ILCS 5/3-5(b)). This standard will typically apply to sexual offenses that do not involve bodily harm. The criminal statute of limitations does, however, provide a comprehensive list of extended limitations for crimes that do involve bodily harm.

There is no limitation on prosecuting sexual crimes defined in 720 ILCS 5/12-12 if the offender's DNA is entered into a DNA database within 10 years of the offense, provided that the victim reports the crime within 3 years of the offense (ILCS 5/3-5(a)(2)). If the victim is unable to report the crime, due to being murdered during the commission of the act or up to 2 years afterward, then this extension also applies.

Further extensions apply under specific circumstances. Sexual conduct and sexual penetration where the victim and defendant are both family members extends the limitation to 1 year after the victim reaches the age of 18 (720 ILCS 5/3-5(c)). Criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse may be prosecuted up to 10 years after the act, provided it was reported within 3 years (720 ILCS 5/3-6(i)). If these crimes, in addition to predatory criminal sexual assault of a child, are committed against a victim under 18 years of age, then the law extends the limitation to 20 years after reaching the age of 18 (720 ILCS 5/3-6(j)).

The statute of limitations for criminal

• 1
• 2
• Next Page >>