In order to bring charges for assault, no physical contact needs to have taken place. Assault occurs when one person places another in reasonable apprehension of receiving a battery, or rather, reasonable apprehension of receiving bodily harm, insulting contact, and/or offensive physical contact; whereas battery is the actual offensive touching.
While both assault and battery are crimes, those injured by these intentional acts have a right to file a civil suit for personal injury.
Sexual assault occurs when any type of sexual conduct or behavior takes place without the explicit consent of the recipient. This not only covers actual unwanted, forced physical contact, but also attempted rape. Similarly to victims of assault, victims of sexual assault are able to file tort (wrongful act) actions against their assaulters. In addition, victims of assault may also be entitled to financial assistance from the State of Illinois Crime Victim Compensation fund.
In some civil cases, third parties (those who did not directly commit the crime but may otherwise be responsible) may be held liable. This can include universities, businesses, or malls who do not provide adequate security, landlords who do not maintain proper lighting or adequate locks in tenant buildings, businesses that do not properly do background checks, etc., if it results in someone getting physically assaulted, in part, because of their negligence or acts.
If police know of an order of protection and act, or fail to act, willfully (knowingly) or wantonly (recklessly), officer(s) and employing municipalities may be held liable. True if attempting to enforce provisions of the Act or rendering emergency assistance (750 ILCS 60/305; 60/101 et seq.).
While most personal injury claims must be brought against a private party within two years from the incident in Illinois (and one year if it is a claim against a government entity), with acts of sexual abuse, the clock does not start running while they are being threatened or manipulated. In addition, if a victim is under the age of 18, the limitation period does not begin until they turn 18 years old.
If your loved one has suffered from assault or sexual assault, it can be difficult to think of filing a lawsuit and specifically determining what kind of compensation you might need for your injuries; however, speaking to someone about your rights sooner rather than later is be a good idea in these circumstances so that you ensure that your rights are protected. Contact our firm at (847) 394-4900 or online for a free consultation with one of our attorneys. You can also learn more about our firm here. We are here to listen and help.