Civil Remedies for Sexual Assault Survivors

Civil No Contact Order

The Illinois Civil No Contact Order Act (740 ILCS 22) allows survivors of sexual assault to obtain a court order prohibiting the attacker from contacting them, even if there was no prior dating, family, or household relationship.

Protections available

• Prohibit any contact — in person, phone, text, email, social media, third parties
• Stay-away orders — home, workplace, school, other locations
• Surrender of firearms
• Other relief the court finds necessary

Types

• Emergency — same day, up to 21 days
• Interim — bridge order, up to 30 days
• Plenary — final, up to 2 years (extendable)

Process

Similar to Orders of Protection and Stalking No Contact Orders. File at the Circuit Court. No filing fee. Confidentiality of address available. Courthouse advocates help. No criminal report required to file.

Civil lawsuit against the attacker

You can sue an attacker in civil court for damages. Civil cases have:

• Lower burden of proof than criminal cases (preponderance of evidence vs. beyond reasonable doubt)
• Different goals — money damages, declaratory relief, injunction rather than imprisonment
• Plaintiff (survivor) in control of the case, not a prosecutor
• Can proceed regardless of criminal prosecution outcome

Common claims

• Battery (unwanted physical contact)
• Assault (threat of unwanted contact)
• Intentional infliction of emotional distress
• False imprisonment
• Sex trafficking (federal and state)
• Civil conspiracy (if others assisted)

Damages

• Medical expenses
• Therapy and counseling costs
• Lost wages
• Pain and suffering
• Emotional distress
• Punitive damages

Statute of limitations

Illinois has extended statutes of limitations for sexual assault civil claims:

• Childhood sexual assault: no statute of limitations as of 2017 for abuse occurring after the law changed; extended look-back windows for older cases
• Adult sexual assault: generally 2 years, but with extensions and tolling provisions
• Each survivor's specific situation should be analyzed by an attorney — deadlines vary

Third-party defendants

Sometimes third parties can be held civilly liable:

• Employers — for sexual harassment/assault by employees (Title VII, Illinois Human Rights Act, direct negligence claims)
• Schools and universities — for Title IX violations, negligent response to reports
• Religious institutions — for knowingly enabling or covering up abuse by clergy
• Property owners — for inadequate security in foreseeable circumstances
• Rideshare and transportation companies — for inadequate safety measures
• Hotels and lodging — for negligent security
• Youth-serving organizations — for failure to screen or supervise

Third-party cases often provide more substantial recovery than attacker-only cases, because institutions have insurance and assets.

Title IX (schools)

If the assault occurred in an educational setting or by a student/school employee, Title IX provides:

• School obligation to investigate and respond
• Supportive measures (schedule change, no-contact direction, counseling, academic accommodations)
• Grievance process with the school
• Right to appeal outcomes
• Protection against retaliation

Title IX complaints go through the school first, then can be escalated to OCR. Parallel private lawsuits are possible.

Workplace harassment/assault

Workplace sexual assault is covered by:

• Title VII — federal, EEOC, 300-day deadline
• Illinois Human Rights Act — state, IDHR, 300-day deadline
• Illinois workers' compensation — for injuries incurred at work
• Common law tort claims

The Illinois Workplace Transparency Act restricts use of nondisclosure agreements covering sexual harassment or assault. Agreements that attempt to silence survivors of workplace sexual misconduct are generally unenforceable.

Housing

If sexual assault occurs in housing — by a landlord, property staff, or other residents — the Fair Housing Act and VAWA provide protections. Survivors can generally not be evicted based on the assault. Housing authorities and landlords cannot discriminate based on status as a survivor.

Trauma-informed legal representation

Pursuing civil remedies is demanding. Good representation is trauma-informed:

• Understands the dynamics of sexual violence
• Respects survivor's pace and choices
• Explains each step
• Coordinates with advocates and therapists
• Minimizes retraumatization

The organizations below specialize in trauma-informed representation.

Preserving evidence

Even long after an assault, documentation can support civil claims:

• Medical records (especially SANE exams)
• Police reports (even if no prosecution followed)
• Communications with the attacker before, during, or after
• Witness information
• Records of changes (therapy, lost job, moved, financial impact)
• Journal entries describing symptoms, impact, recovery
• Your own statements to therapists (generally privileged but sometimes usable)

Crime victim compensation

Illinois's Crime Victim Compensation Program (Attorney General's office) provides financial assistance to victims of violent crime including:

• Medical and dental expenses
• Mental health counseling
• Lost wages
• Loss of support (for dependents)
• Relocation expenses

Up to $27,000 per victim. Applies even if the perpetrator was never identified or convicted. File with the Illinois Attorney General.

Free legal help

• Chicago Alliance Against Sexual Exploitation (CAASE) — legal help for sexual assault and trafficking survivors
• Legal Aid Chicago — Violence Against Women Project — 312-341-1070
• Life Span Center for Legal Services and Advocacy
• YWCA Metropolitan Chicago (formerly RVA) — 1-888-293-2080
• Mujeres Latinas en Acción — Latina survivors
• Apna Ghar — South Asian survivors
• Between Friends
• Network — advocacy and legal

Support resources (non-legal)

• RAINN National Sexual Assault Hotline — 1-800-656-4673 (24/7, free, confidential)
• Illinois Coalition Against Sexual Assault — icasa.org
• Rainn.org Online Chat — text-based support