For decades, perpetrators have been able to rely on a state’s statute of limitations on sexual assault to eventually run out and practically guarantee they got away with their crimes. That’s no longer the case in states such as Illinois, where a new law makes sure these criminals have to face their misdeeds no matter how many days, months or years have passed.

Statute of Limitations on Sexual Assault Overview

Whenever a crime is committed, a statute of limitations is the window of time a state allows to file charges against the perpetrator. Different crimes have different statutes of limitations, which also vary by state in the U.S.

In some states, a victim must report the crime to law enforcement before the statute of limitations time limit begins. Also, according to RAINN, many states have exceptions to sex crime statutes of limitations that extend the time a prosecutor has to bring charges against a defendant. In fact, most states allow a pause or extension of a statute of limitations when DNA evidence needs to be tested.

On Jan. 1, 2020, Illinois enacted a new law that removes the statute of limitations for the prosecution of sex crimes.

What is the Statute of Limitations?

Civil and criminal offenses may be subject to a statute of limitations. In most states, serious crimes such as murder are not subject to a statute of limitations.

By changing the law to eliminate the statute of limitations for sexual assault, states are recognizing the seriousness of the offenses. For many children who are victims of sexual predators, the trauma of what they’ve endured can take years or even decades before the victims can come to terms with what happened to them.

By eliminating the amount of time these victims have to file charges, the laws empower the victims who can address their pasts when they are ready.

What Was the Previous Statute of Limitations on Sexual Assault in Illinois?

Before the new law came into effect, Illinois prosecutors had to file charges of criminal sexual assault, aggravated criminal sexual assault and aggravated criminal sexual abuse within three years after the attack occurred or within 10 years of such an offense being reported to the authorities.

The elimination of the statute of limitations gained support after the #MeToo movement swept the country. Victims of sexual offenses that occurred years or decades earlier began to speak about the protections their perpetrators had at the time the abuse occurred, and how such a power differential affected the victims’ willingness to come forth back then.

The full elimination of the statute of limitations for criminal sexual offenses comes on the heels of a 2017 change in the law that said any victim under 18 who was a victim of major sexual assault would not need to adhere to a statute of limitations.

That change was prompted by allegations former Illinois Congressman Dennis Hastert sexually abused at least four boys while Hastert was a high school wrestling coach starting in the mid-1960s. In November 2017, a judge refused to allow a lawsuit against Hastert to proceed because the abuse allegedly occurred when the man was a child, and the statute of limitations had run out.

What Do the Recent Law Reforms Mean?

The elimination of the statute of limitations on major sex offenses means the authorities will have time to properly collect evidence, especially in cases that may depend upon DNA verification of the perpetrator, according to an article on Governing.com.

The change was sponsored by Rep. Keith Wheeler (R-Oswego) and Sen. Linda Holmes (D-Aurora) and was unanimously passed by both the General Assembly’s chambers in 2019.

Wheeler said a constituent had contacted him over concerns that two men who had allegedly assaulted his daughter might get away with the crime if the statute of limitations expired before charges could be filed. The man told Wheeler there had been issues with the collection of evidence that had delayed the filing of charges.

Wheeler said that now victims will be able “to have their day in court, whenever that day comes.”

Carrie Ward, executive director of the Illinois Coalition Against Sexual Assault, told Governing.com, “Sometimes folks aren’t in a position to be able to come forward with their experience of sexual violence for lots of different reasons. Sometimes because of the trauma they’ve experienced, sometimes because they aren’t aware that what happened to them constitutes sexual violence.”

When Was the New Law Taken into Effect?

The new law eliminating the statute of limitations for victims of major sex offenses, regardless of the age of the victim, became effective Jan. 1, 2020.

Who Can File a Claim Under the Removal of the Statute of Limitations on Sexual Assault?

Illinois became the eighth state to remove the statute of limitations for the prosecution of major sex crimes.

The change means that anyone who has ever been a victim of criminal sexual assault, aggravated criminal sexual assault or aggravated criminal sexual abuse may pursue justice no matter how long ago the assault occurred.

In recent years, the Roman Catholic Church sexual abuse scandal has highlighted the extent of the trauma childhood sexual abuse can have on a person throughout life, and many dioceses have faced multiple lawsuits for allegedly harboring and hiding predator priests for decades.

Date rape, incest, sexual assault by a religious leader, sexual abuse by a youth organizational volunteer/employee or any other criminal sexual perpetration may be punishable by law despite years or decades having gone by.

Local NBC affiliate KWQC spoke with Emily Gordon, Illinois Director of Survivor Services for Family Resources, about the impact of the new law.

“It’s really important that there be a lot of space and time for people to come forward when they are ready and on their own timeline,” explained Gordon. “They’ve already lost control in some other areas and they really need to be able to be empowered to take control back.”

She also said when survivors of abuse decide to come forward, it’s important to believe them, support them, express sincere sorrow about their experience and to make sure they know they were not at fault.

Man Held for 2015 Sexual Assault of Minor

The Northwest Herald reports that a 33-year-old man was charged with the sexual assault of an underage girl. The assault allegedly took place in 2015 and, the report notes, Illinois no longer has a statute of limitations on sexual assault.

Reportedly, if the man charged with the assault, Jonathon Gomez, is convicted, he could face up to 30 years in prison.

Netflix Star Accused of Sexual Abuse

According to the Chicago Tribune, Jerry Harris, one of the stars of “Cheer,” a Netflix docuseries on competitive cheerleading, is being held on child pornography charges. He allegedly solicited sex and sexual pictures from multiple minors he came into contact with at various national cheerleading events.

Harris reportedly graduated from Waubonsie Valley High School in Aurora, Ill. and then went on to junior college in Texas where he participated in the cheerleading squad.

Former University of Illinois Prof. Accused of Sexual Exploitation

Local news source, ABC 7, reports that a former associate professor with the East Asian Languages and Cultures department was served a civil lawsuit via email by former students who claimed he sexually and emotionally exploited them. According to the students, many of whom were from China on visas, Gary Xu threatened their visa status to get sexual favors. In addition, the students allege he physically and verbally assaulted them.

Reportedly, the students were unable to locate Xu to serve him with their sexual assault lawsuit after he was put on leave by the university in 2016. They say they emailed him the lawsuit and summons.

This article is not legal advice. It is presented
for informational purposes only.