SOL: None. Eliminated prospectively as of Jan. 2014.
1. 735 ILCS 5/13-202.2 (f) (“Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly [P.A. 98-276] apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.”) a. Prospective/extension of open claims only. Revival unconst in Illinois. TOLLING: 1. Discovery, yes. Statute imposes liberal discovery rule. (CL version was narrow/unavailable to many—legislature overruled Courts’ interp. in 1993). a. 735 ILCS 5/13-202.2 (a) (“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.”) 2. Majority, yes. a. 735 ILCS 5/13-202.2(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.” |
None in 2014, provided there is corroborating physical evidence, or a failure to report occurred. 720 ILCS 5/3-6 (j) (1).
720 ILCS 5/3-6 (j) (1) (“Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 [720 ILCS 5/3-5] or other applicable statute is extended under the following conditions:…(j)(1)When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so. 720 ILCS 5/3-6 (j) (2) In circumstances other than as described in paragraph (1) of this subsection (j), when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act [325 ILCS 5/1 et seq.] may be commenced within 20 years after the child victim attains 18 years of age. (NOTE: this means SOL prior to Jan.1 2014, would have been +20 from majority as here for all of a previously unified j. see, 2013 amendments above.) 720 ILCS 5/3-6 (j) (3) When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age. 720 ILCS 5/3-5(a) – (“Sec. 3-5. General Limitations. (a) A prosecution for:…child pornography under paragraph (1) of subsection (a) of Section 11-20.1 [720 ILCS 5/11-20.1], aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B [720 ILCS 5/11-20.1B (now repealed)], or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code [720 ILCS 5/11-0.1] in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 [720 ILCS 5/3-6] or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense. ”) |