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Statute of limitations for sexual assault Illinois?

What is the statute of limitations for sexual assault in Illinois if both the attacker and victim were adults when the incident took place? Does it vary from county to county? Are there exceptions if the victim is/was physically or mentally handicapped at the time? Please cite sources.

3 Answers

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  • Anonymous
    9 years ago
    Favourite answer

    Here are the statutes for Felonies.

    1st or 2nd degree murder, attempt to commit first degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, forgery: none; others: 3 yrs. Extended limitations when: victim of theft a minor or under legal disability, then during minority or legal disability or within 1 yr. of termination; misconduct in public office: within 1 yr. of discovery, max 3 yr. extension; incestual sexual conduct or penetration of a minor: 1 yr. after victim turns 18; child pornography, indecent solicitation or juvenile pimping of a child, sexual abuse of a minor: within 1 yr. of victim turning 18, 3 yr. minimum; sexual conduct or penetration in professional of fiduciary relationship: 1 yr. after discovery by victim; hazardous waste violations: 5 yrs. after discovery; criminal sexual assault, aggravated criminal sexual assault, aggravated criminal sexual abuse: 10 yrs, or 2 yrs. if reported; criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, aggravated criminal sexual abuse, or failure to report those offenses under Abused and Neglected Child Reporting Act: 20 yrs. after victim turns 18; any offense involving sexual conduct or penetration of a minor where DNA profile of offender entered in database within 10 yrs., victim reported within 2 yrs. (unless given longer under statute), and offender's identity unknown: none

    Source(s): O
  • Anonymous
    9 years ago

    Same all over the state, like all state law.

    Very basically if both normal adults, 10 years for the statute to run out.

    Things are complicated. Sex detectives always had a log cheat sheet to help make decisions on cases. The other problem is that the law changes every once in a while. My old cheat sheets, if I could even find it, are definitely out of date. I know it says 5 years.

    For specific information you have to figure out if abuse or assault, if aggravated or not and the specifics of the victim, how long before the victim reported the incident (charges with lots of different circumstances) like you said handicapped or not, age at the time, relationship of victim/offender, drugs used, when memory of incident occurred and on and on.

    You really have to read the law and decide what the specifics are before you read it.

    Just Google: 720 ILCS 5/11 for the full list of sex laws in Illinois.

    Or check out this cheat sheet from a downstate states attorney:

    www.icasa.org/docs/statute%20of%20limitations.pdf

    Also be sure you understand what a statute of limitations is. Most people think that if no case goes to trial in that time the case is mute. Not always true. In sexual assault cases in Illinois warrants are often issued, which stops the clock on the limitations, on the DNA of an offender even without a name or other ID.

    You can also check

    Source(s): retired cop from Illinois, 10 years homicide/sex detective.
  • Ben
    Lv 7
    9 years ago

    Illinois

    Sexual assault where both are adults - SOI is 10 years from the date of the incident if reported within 3 years - 720 ILCS 5/3-6

    When caretaker is involved - SOI is 3 years if reported within 1 year of the date of the incident - 720 ILCS 5/3-6(e)

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