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  1. #1

    Post Old Nightmares

    My question involves criminal law for the state of: Illinois

    My wife just recently admitted to me that when she was 15 years old, she babysitted for a couple that had 2 small children...to make a long story short, she was sexually abused by the father of the children, nothing was ever said about the incidents which ocurred frequently in a 5-6 month time frame. she never told family or friends about this, only recently she has had bad dreams. and finally told me the story. she is now in her mid-fifties, its myself that is very surprised and angry, and wondering if there is still any legal recourse against the abuser, or have the statutes run out?

  2. #2

    Default Re: Old Nightmares

    Even under the BEST interpretations of Illinois law, the statute of limitations would appear VERY long past. Ultimately, only an attorney sitting down with the legislative history of Illinois law spread out in front of them and a very accurate calendar of when the abuse occurred could answer with any great degree of certainty.

    Typically, such a civil case must be brought either

    a) by the age of 20 (two years from reaching the age of majority, under 735 ILCS 5/13-211), or

    b) under the delayed discovery rule - meaning the statute wouldn't start running until the party knows or reasonably should know of an injury and that the injury was wrongfully caused (and unless she was in a coma for long periods of her life, juries don't buy that someone can be aware of such abuse, and never reasonably link it to psychological injury manifested later in life - regardless of how many experts take the stand to argue otherwise). That she cognitively was aware that the abuse happened is enough (the reasonable cause of injury), it doesn't help her case that the nightmares (symptoms) only started recently.

    BUT - even the law enacted in 2003 (735 ILCS 5/13-202.2), which extended the statute of limitations for childhood sexual abuse to 5 years from the date plaintiff discovers both (1) the act of childhood sexual abuse occurred and (2) that the injury was caused by the childhood sexual abuse - does NOT revive an otherwise time barred claim. Under the appellate court ruling in Kuch v. Catholic Bishop, 366 Ill. App. 3d 309, 851 N.E. 2d 233 (2006), claims of sexual dysfunction or psychological problems that manifest themselves much later in life are barred unless brought within the statute of limitations and common law discovery rules do not toll (extend the staute of limitations) these claims.

    And finally, even if there were no such thing as the statute of limitations, unless your wife has been undergoing INTENSIVE long term therapy and meets certain other psychological criterion, the pursuit of such lawsuits often causes even MORE harm than good, especially so long after the fact. Even winning a huge settlement won't solve trust issues, self esteem issues, sexual dysfunction, stop nightmares, replace the coping mechanisms she's built up over 40 years, or UN-do any psychological damage that she's already dealing with. What such a case WOULD do is require her to do, in depositions, in psychological evaluations (usually several by different practitioners), and on the stand in open court (facing the perpetrator again), is to have to recount over and over in vivid detail exactly what happened, what he did to her, how it made her feel, what she saw, smelled, etc. (not usually a good thing for someone already experiencing nightmares). And even THEN; conviction is iffy at best, unless there's a guilty plea from the defendant right up front. Yes, such cases DO happen, and ARE occasionally won - BUT those cases tend to have a few things in common that are missing here; namely, there is some sort of confessional evidence (letters of apology written by the perpetrator, for example), AND there is a defendant WORTH enough to make the staggering cost (and time!) of such litigation worth the extreme emotional turmoil to the victim. Notice that most cases are against a church who knowingly allowed a leader to perpetrate, and NOT against individual abusers - why? because a church will pay to settle, and a church can afford to pay in the event of a loss - payments which are used to offset attorney fees and costs which can be substantial in these cases which can often take YEARS to come to fruition.

    Understandibly, you want retribution for what happened to your wife - but from a psychological damage standpoint - these types of cases (particularly due to the time lapse) are those where there is being RIGHT and there is having a hope of being HAPPY - and the two rarely meet under these conditions. Rather, pursuit of such cases tends to knock victims completely OFF of the horse that leads to the inner work that needs to be done - in other words, she can't heal herself and go after him at the same time. If she accomplishes some substantial degree of healing (a long term prospect that will be painful and take work, perseverance, and professional guidance), THEN she might consider such a pursuit. But it needs to be HER call, and that call needs to happen hand in hand with a therapist who has done some considerable work with her.

    Together, you might check out:

    Books for adult survivors of childhood sexual abuse - they can be of comfort and aid in understanding, coping, and taking positive action - BUT, realize that reopening wounds as old and deep as these REALLY needs to happen in conjunction WITH a practioner/counselor/therapist who has experience in this particular issue.

  3. #3

    Default Re: Old Nightmares

    Thank You for the reply, we will go with youre recommendations< much appreciated.

  4. #4
    Join Date
    Nov 2006
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    368

    Default Re: Old Nightmares

    Quote Quoting aardvarc
    View Post
    Even under the BEST interpretations of Illinois law, the statute of limitations would appear VERY long past. Ultimately, only an attorney sitting down with the legislative history of Illinois law spread out in front of them and a very accurate calendar of when the abuse occurred could answer with any great degree of certainty.

    Typically, such a civil case must be brought either

    a) by the age of 20 (two years from reaching the age of majority, under 735 ILCS 5/13-211), or

    b) under the delayed discovery rule - meaning the statute wouldn't start running until the party knows or reasonably should know of an injury and that the injury was wrongfully caused (and unless she was in a coma for long periods of her life, juries don't buy that someone can be aware of such abuse, and never reasonably link it to psychological injury manifested later in life - regardless of how many experts take the stand to argue otherwise). That she cognitively was aware that the abuse happened is enough (the reasonable cause of injury), it doesn't help her case that the nightmares (symptoms) only started recently.

    BUT - even the law enacted in 2003 (735 ILCS 5/13-202.2), which extended the statute of limitations for childhood sexual abuse to 5 years from the date plaintiff discovers both (1) the act of childhood sexual abuse occurred and (2) that the injury was caused by the childhood sexual abuse - does NOT revive an otherwise time barred claim. Under the appellate court ruling in Kuch v. Catholic Bishop, 366 Ill. App. 3d 309, 851 N.E. 2d 233 (2006), claims of sexual dysfunction or psychological problems that manifest themselves much later in life are barred unless brought within the statute of limitations and common law discovery rules do not toll (extend the staute of limitations) these claims.

    And finally, even if there were no such thing as the statute of limitations, unless your wife has been undergoing INTENSIVE long term therapy and meets certain other psychological criterion, the pursuit of such lawsuits often causes even MORE harm than good, especially so long after the fact. Even winning a huge settlement won't solve trust issues, self esteem issues, sexual dysfunction, stop nightmares, replace the coping mechanisms she's built up over 40 years, or UN-do any psychological damage that she's already dealing with. What such a case WOULD do is require her to do, in depositions, in psychological evaluations (usually several by different practitioners), and on the stand in open court (facing the perpetrator again), is to have to recount over and over in vivid detail exactly what happened, what he did to her, how it made her feel, what she saw, smelled, etc. (not usually a good thing for someone already experiencing nightmares). And even THEN; conviction is iffy at best, unless there's a guilty plea from the defendant right up front. Yes, such cases DO happen, and ARE occasionally won - BUT those cases tend to have a few things in common that are missing here; namely, there is some sort of confessional evidence (letters of apology written by the perpetrator, for example), AND there is a defendant WORTH enough to make the staggering cost (and time!) of such litigation worth the extreme emotional turmoil to the victim. Notice that most cases are against a church who knowingly allowed a leader to perpetrate, and NOT against individual abusers - why? because a church will pay to settle, and a church can afford to pay in the event of a loss - payments which are used to offset attorney fees and costs which can be substantial in these cases which can often take YEARS to come to fruition.

    Understandibly, you want retribution for what happened to your wife - but from a psychological damage standpoint - these types of cases (particularly due to the time lapse) are those where there is being RIGHT and there is having a hope of being HAPPY - and the two rarely meet under these conditions. Rather, pursuit of such cases tends to knock victims completely OFF of the horse that leads to the inner work that needs to be done - in other words, she can't heal herself and go after him at the same time. If she accomplishes some substantial degree of healing (a long term prospect that will be painful and take work, perseverance, and professional guidance), THEN she might consider such a pursuit. But it needs to be HER call, and that call needs to happen hand in hand with a therapist who has done some considerable work with her.

    Together, you might check out:

    Books for adult survivors of childhood sexual abuse - they can be of comfort and aid in understanding, coping, and taking positive action - BUT, realize that reopening wounds as old and deep as these REALLY needs to happen in conjunction WITH a practioner/counselor/therapist who has experience in this particular issue.
    One of the best answers I have ever seen on this forum. Thank you aardvarc.

  5. #5

    Default Re: Old Nightmares

    Thanks Nite =)

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