Supportive Kankakee Sexual Assault Attorneys

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Were you or someone close to you the victim of sexual assault in the workplace or on a school campus? If so, the experienced Kankakee sexual assault attorneys of Spiros Law, P.C. are here to listen to you and help you take legal action against those responsible. Our team has the compassion, skill, and extensive resources necessary to help you get a measure of justice against those that harmed you and those who allowed the assault to happen. We will be here to stand by your side every step of the way, and we will not accept anything else than justice and accountability for what happened.

Under 720 Illinois Compiled Statute 5/11-1.20, a person commits the offense of criminal sexual assault if they commit an act of sexual penetration and use force or threat of force; know that the victim is unable to understand the nature of the act or is unable to give knowing consent; are the family member of a victim less than 18 years of age; or are 17 years of age or older and hold “a position of trust, authority, or supervision in relation to” a victim at least 13 years of age but less than 18 years of age.

A person who commits sexual assault can face criminal charges, which can result in possible fines and imprisonment. Victims of sexual assault can also file civil lawsuits against the offender, an action that is completely separate from the criminal case.

It is extremely important to understand that the burden of proof is far different between criminal and civil cases. Whereas a defendant’s guilt must be proven beyond a reasonable doubt (essentially meaning a jury cannot have any doubt about a person’s guilt) in a criminal case, a plaintiff only needs to demonstrate that a defendant committed a wrongful act by a preponderance of the evidence (the greater weight, or more than half the evidence). The Kankakee sexual assault lawyers can help you hold the person who hurt you accountable in civil court, even if the criminal court won’t. Contact us at (815) 929-9292 to learn more about how we can help you.

Sexual Abuse Cases We Handle

• School/university sexual assault
• Workplace sexual assault
• Hotels/cruise sexual assault
• Military sexual assault
• Prison sexual assault
• Sports sexual assault
• Church sexual assault
• Clergy sexual assault
• Public transportation (bus, train, etc.)
• Airplane sexual assault
• Camp sexual assault
• Foster care sexual assault
• Spa sexual assault
• Public restroom/ bathroom sexual assault
• Marital sexual assault
• Girlfriend/boyfriend sexual assault
• Relative/family sexual assault

If you or a loved one have endured nonconsensual physical touch or verbal advances, we’re here to help. Schedule a free consultation, and we’ll determine the best course of action under Illinois law.

What Are Common Types of Sexual Assault?

According to the Rape, Abuse & Incest National Network (RAINN), a sexual assault happens every 68 seconds in the United States. This type of assault takes many forms, but it usually boils down to sexual contact perpetrated without consent. ‍

To be clear, consent must be given voluntarily, knowingly, and mutually. It can be stated in words or actions so long as it creates explicit consent. It is not enough for a person to simply be silent or not resist.

Furthermore, there are several situations in which a person cannot legally consent, including when the victim is:

• Incapacitated
• Coerced
• Mentally disabled
• Intoxicated
• Underage

Finally, it’s important to remember that anyone in your life could potentially commit abuse, including a family member, friend, teacher, minister, or stranger. Sexual violence can also happen to anyone, regardless of gender identity, biological sex, race, ethnicity, or sexual orientation. If you have been sexually assaulted, it was not your fault.

Common types of sexual violence, as defined by law

Sexual Harassment​

Sexual harassment usually refers to sexually offensive remarks or sexual gestures. It can also include coerced sexual acts, but this typically crosses into the definition of sexual assault.

Sexual Misconduct

Sexual misconduct occurs when a person does not obtain consent before engaging in sexual intercourse, oral sexual conduct, or anal sexual conduct.

This type of sexual violence often occurs when a superior or authority figure takes advantage of another person, such as relationships between doctors and patients, teachers and students, employers and employees, and priests and parishioners.

Oral and Anal Sexual Misconduct

Specifically, oral and anal sexual conduct are criminal acts when the perpetrator does not obtain consent. In Illinois, the age of consent is 17. Sexual contact with someone under 17 can be considered criminal.

Rape

Rape occurs when someone engages in sexual intercourse without the other person’s consent, including with a person who cannot consent due to mental incapacity or mental disability. Sexual intercourse with a person younger than 17 years old is also considered rape unless there is no more than a 4-year age gap.

It’s important to remember that there are various exceptions and clarifications under Illinois sexual abuse laws. To ensure you understand the full legal implications of your situation, you should contact an Danville sexual abuse lawyer immediately.

Why Should I Sue?

If you have been sexually assaulted or abused, you are fully within your rights to sue for compensation. Often, assault victims are shamed for seeking compensation, but this is based on horrible prejudice. Anyone physically, mentally, and financially abused has the right to seek compensation for their losses and anguish in US court.

You might think that a criminal case is enough to get justice in your situation, but there are a few reasons you should consider pursuing a civil case:

• Financial compensation – As a survivor, you may be entitled to compensation to cover medical costs, therapy, lost wages, pain and suffering, and other losses.
• Holding parties accountable – Lawsuits can punish individuals and hold institutions that were legally obligated to protect you from harm accountable.
• Seeking closure – While money cannot undo trauma, many survivors feel that a civil is an empowering tool that helps them reclaim control of their lives.

A reputable sexual abuse attorney can help you pursue these goals and achieve justice in your case.

Who Can Be Held Liable?

Defendant / Assailant

You have the right to seek both criminal and civil accountability from the assailant. While a number cannot be assigned to your suffering, compensation can offer a level of accountability financially and socially. It also allows your voice to be heard and exposes the assailant for what they have done.

Employers

If you were assaulted or abused at work, your employer can be held liable if they have failed to protect employees and take proactive measures.

Institutions or Organizations

Institutions or organizations such as schools or churches are considered negligent when they know of an alleged sexual assault and fail to report it or know of its threat but fail to act accordingly. Your attorney can help identify all culpable parties and pursue legal action against anyone responsible for the crime committed against you.

Property Owners

Property owners or landlords have a duty to maintain safe premises and to prevent foreseeable acts of violence.

It Is Your Legal Right to Seek Compensation If You Choose To

While no amount of money can undo the trauma of a sexual assault, a civil lawsuit can help you claim financial compensation to aid in the costs of healing and rebuilding.

Types of Compensation for a Sexual Abuse & Assault Survivors:

Economic Damages (Financial Losses)

These damages cover the actual costs of your injury—things that have a clear dollar amount, including:

• Medical expenses, such as hospital bills, doctor visits, therapy, and mental health treatment.
• Future medical costs include ongoing treatments, medications, and long-term care..
• Lost wages or income lost due to time away from work.
• Reduced earning ability if your injury affects your ability to work in the future.

Non-Economic Damages (Life Impact)

The impact of an assault or abuse changes your daily life, relationships, and overall well-being. Non-economic damages provide compensation for:

• Pain and suffering like chronic headaches, dizziness, and other long-term symptoms.
• Emotional distress, including anxiety, depression, PTSD, or mood changes.
• Loss of enjoyment of life, such as struggling to participate in activities you once loved.
• Loss of companionship, like strained relationships with a spouse, family, or friends.
• Disfigurement or physical impairment if your injury leaves visible scars or long-term disabilities.

Statute of Limitations for Sexual Assault Civil Claims in Illinois

There is no statute of limitations on criminal sexual abuse cases against alleged offenders in Illinois.

Moreover, the time limit for filing a civil lawsuit for sexual abuse in Illinois depends on the circumstances:

• For childhood sexual abuse survivors – There is no statute of limitations to file a civil case, meaning survivors can file a lawsuit at any time, no matter how many years have passed since the abuse occurred. This law recognizes that many survivors need time to process their experiences before seeking justice.
• For adult sexual assault survivors – The statute of limitations to file a civil case is generally two years from the date of the assault. Since this window is much shorter, it is crucial for survivors to seek legal guidance as soon as they feel ready to take action.

In 2019, Illinois became the eighth state to completely remove its statute of limitations for criminally prosecuting sex crimes. This came two years after Illinois abolished the statute of limitations for prosecuting sex crimes against victims under the age of 18. While adults have a shorter window to file a civil lawsuit, they can file a criminal lawsuit at any time.

Before the criminal statute of limitations was removed, victims faced significant barriers to justice. Prosecutors were only permitted to pursue charges against alleged sex crime perpetrators within a 10-year window, and even then, only if the crime had been reported within three years of occurrence. These restrictive timeframes severely limited survivors’ ability to hold their abusers accountable through criminal proceedings.

Illinois law provides certain exceptions that can temporarily pause the statute of limitations under specific circumstances. For example, if the accused leaves Illinois or conceals themselves to evade prosecution, the statute of limitations may be suspended until they return to the state or are located by authorities.

9 out of 10 Rape Allegations are PROVEN to be True

Unfortunately, claims of false rape accusations are quite overexaggerated. The truth is, more often than not, that when an assault victim speaks, they are proven right.

A 2010 US study found that in the preceding 20 years, only 2-10% of rape accusations were proven to be false. Further, the FBI has put the number of “unfounded” rapes—those determined to be false after investigation—at 8%. It’s important to note, however, that that figure does not include any unsubstantiated accusations where an investigation was unable to prove a sexual assault occurred, so the actual total remains unknown.

You should also know that oftentimes, rape cases are filled in the same category as “false” even if the claim wasn’t investigated or if the victim had evidence yet the police station deemed it insufficient to further investigate.

Public bias and a frenzy of media coverage around false rape accusations get a lot of attention and often puts a lot more pressure on the assault victim. This belief that the person is lying contributes to victims choosing to stay silent about their abuse in the first place.

This is why it is important to have a skilled attorney on your side. Sexual assault attorneys are equipped to challenge bias and ensure the client gets a fair trial. We want you to know that you are not alone, and there are far more people ready to stand by your side than those attempting to silence you.

Sexual Assault & Abuse Statistics

• The FBI reports that 9 out of 10 rape accusations reported are proven true.
• Every 68 seconds, someone in the US is sexually assaulted.
• Every 9 minutes, that victim is a child.
• Since 1998, an estimated 17.7 million American women have experienced attempted or completed rape.
• Each year, about 463,634 people twelve years of age or older are victims of rape or sexual assault in the US
• People between the ages of 12 and 34 are at the highest risk of being raped or sexually assaulted.
• 94% of women who are raped show symptoms of PTSD (post-traumatic stress disorder) within two weeks.
• 30% of women still experience PTSD symptoms nine months after being raped.
• 1 in 3 women who are raped think about suicide.
• 13% of rape survivors attempt suicide.
• Around 70% of rape and sexual assault survivors experience serious emotional distress—more than with any other violent crime.

Why Choose Spiros Law, P.C. to Handle My Case?

The lawyers at Spiros Law, P.C. understand the extreme mental anguish that victims sexual assault experience in simply having to describe their experiences.

Such victims do not want to have to go back over the police report or review the physical evidence by themselves in order to seek justice. Additionally, most victims never want to have to personally face their attackers again. By working with Spiros Law, P.C. you will have a team of attorneys who can handle all of this on your behalf. We will not only conduct our own investigation to collect all of the evidence relevant to your case, but we can also speak to the offender and all witnesses with knowledge of your case.

Our experienced sexual assault lawyers are here to listen to your story and help you determine the best course of action for you and your family. We are ready to stand up for you and make sure your voice is heard and to make sure that this same thing doesn’t happen to someone else. If you want to regain control of your life after an attack and if you want to see that justice is served, we want to represent you.

We will fight tirelessly to make sure that you are protected and that your interests are represented fully.

Frequently Asked Questions

How often does sexual assault happen in the U.S.?
Someone in the United States is sexually assaulted every 68 seconds, highlighting how widespread this issue is.

How many women have experienced rape in the U.S.?
Since 1998, an estimated 17.7 million American women have experienced either attempted or completed rape.

How many people are affected by rape or sexual assault each year?
About 463,634 people aged 12 or older are victims of rape or sexual assault annually in the U.S.

Who is at the highest risk of sexual assault?
Individuals between the ages of 12 and 34 are at the highest risk of being raped or sexually assaulted.

Are false rape accusations common?
No. The FBI reports that 9 out of 10 rape accusations are proven to be true, dispelling the myth of frequent false reports.

Are college women more likely to be victims of sexual assault?
Yes. Statistics show that college women are disproportionately affected by sexual assaults compared to other groups.

What is Title IX and how does it relate to campus sexual assault?
Title IX is a federal law that prohibits sex-based discrimination in educational institutions. It requires colleges and universities to take reports of sexual harassment and sexual violence seriously and to investigate them promptly and fairly.

What if my college ignored my report of sexual assault?
If your college failed to investigate your report, tried to discredit you, or pressured you to stay silent or withdraw your complaint, they may be legally responsible. You may be able to include the institution in a legal claim along with the individual perpetrator.

Can a college be held accountable for mishandling a sexual assault case?
Yes. If the college failed to act appropriately or attempted to cover up the assault, they can be named in a legal claim for their role in allowing the misconduct to continue or go unpunished.

Contact a Kankakee Sexual Assault Attorney

If you or your loved one was the victim of a sexual assault in Illinois, Spiros Law, P.C. is ready to stand by your side and seek justice for you and your family.

Our firm has been representing clients in state and federal courts all over Illinois for more than a decade. We serve a number of communities in Central Illinois, including Kankakee, Champaign, Danville, and several others. Call (815) 929-9292 or contact us online to schedule a free consultation with Spiros Law, P.C..

We will provide a caring, honest, and thorough evaluation of your case.