Legal Question in Criminal Law in Illinois

child molestation/rape

iwas sexually molested and raped repeatedly between the ages of 8 and 17 by father, uncles, cousin,and stepbrothers and thier friends. i am now 47 i thought i could cope but it is a losing battle it was reported to my schools and the police departments at the time this was happening but nothing was done about it when i became an adult i was told by the same police department there is nothing that could be done about it because it was too long ago is there anything that can be done for me to close this chapter i feel something needs to be done by am not familiar with the justice system enough i am now married to a wonderful man that encourages me to find closure in this matter and his support has led me to this site please advise me whichever way it turns out thank you


Asked on 12/30/07, 6:37 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: child molestation/rape

Sec. 13‑202.2. Childhood sexual abuse.

(a) In this Section:

"Childhood sexual abuse" means an act of sexual abuse that occurs when the person abused is under 18 years of age...

...an action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years of the date the limitation period begins to run under subsection (d) or within 5 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period under this subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later‑discovered injury and the abuse...

(d) The limitation periods under subsection (b) do not begin to run before the person abused attains the age of 18 years; and, if at the time the person abused attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.

(d‑1) The limitation periods in subsection (b) do not run during a time period when the person abused is subject to threats, intimidation, manipulation, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser..."

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Answered on 12/30/07, 9:20 pm


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