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Chicago Sexual Assault Lawyer – Holding Institutions Accountable When They Fail to Protect You

You were attacked. Someone in a position of power or trust violated you. And now you're left wondering if anyone will hold them accountable.

I'm Scott DeSalvo, and I help sexual assault survivors in Chicago pursue civil claims against the people and institutions that failed to protect them. If you're considering legal action, you should know this: many sexual assault cases aren't just about one person's actions. They're about organizations that looked the other way, didn't do background checks, ignored warning signs, or protected predators over victims.

I believe you. And Illinois law gives you the right to seek justice. Call me for a free confidential consultation at (312) 500-4500.

He Fought For Me
Scott’s team made me feel completely secure and taken care throughout the process of my case, and kept me updated regularly. They took fantastic care of me and fought for me and I cannot recommend them highly enough.
Geoff Mudd

Understanding Your Right to File a Civil Sexual Assault Claim in Chicago

Sexual assault is one of the most devastating crimes a person can experience. According to the Chicago Police Department's 2021 Annual Report, sexual assault crimes in Chicago increased by 15.6% between 2020 and 2021, with 1,648 incidents reported in 2021. And these are only the reported cases. National statistics show that approximately 81% of women and 43% of men in the United States report experiencing some form of sexual harassment or assault during their lifetimes.

You have the right to file a civil lawsuit even if no criminal charges were filed against your attacker, the criminal case was dismissed or resulted in acquittal, you didn't report the assault to police immediately, the statute of limitations for criminal prosecution has passed, or you're still deciding whether to report to law enforcement. Civil cases are different from criminal cases. In a civil claim, you're seeking financial compensation for the harm done to you. The burden of proof is lower than in criminal court, and you have more control over the process.

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Who Can Be Held Liable in a Chicago Sexual Assault Case?

In many cases, it's not just your attacker who can be sued. Illinois law allows survivors to hold liable any person or organization that had a duty to protect you and failed. This is called institutional liability, and it's often where the real compensation comes from because organizations have insurance policies and financial resources that individual attackers don't.

Employers can be held responsible if you were harassed or assaulted at work and your employer ignored complaints, failed to investigate, retaliated against you for speaking up, or created a hostile work environment that enabled the assault. Under Illinois law, employers have a duty to provide a safe workplace free from sexual harassment and assault.

Rideshare companies like Uber and Lyft can be liable when they fail to run proper background checks on drivers, ignore driver complaints from other passengers, don't respond to safety reports, or allow drivers with histories of sexual misconduct to continue working. Chicago has seen numerous cases of Uber and Lyft drivers sexually assaulting passengers, and these companies can be held accountable for their negligent hiring and supervision.

Healthcare providers including hospitals, medical practices, and therapy clinics can be liable when doctors, nurses, therapists, or other medical professionals abuse patients and the institution ignored red flags, failed to supervise staff properly, or covered up prior complaints. Medical sexual abuse is more common than people realize, and institutions often knew about problematic behavior long before acting.

Religious institutions such as churches, synagogues, mosques, and other religious organizations can be held accountable when they covered up abuse, transferred predatory clergy to different parishes or locations, failed to protect children in their care, or prioritized the institution's reputation over victims' safety. The Catholic Church abuse scandal brought national attention to this issue, but it happens across all denominations and faiths.

Schools and universities including public schools, private schools, and colleges can be liable when they violated Title IX requirements, ignored reports of assault, failed to provide safe environments, retaliated against victims who reported, or allowed known predators to remain in positions of authority. Educational institutions have specific legal obligations under federal Title IX law to address sexual assault and harassment.

Property owners such as hotels, apartment buildings, and businesses can be held responsible when they failed to provide adequate security, didn't maintain proper lighting in parking lots or common areas, ignored prior incidents of assault on the property, or created dangerous conditions that enabled attacks. Premises liability law in Illinois requires property owners to take reasonable steps to protect visitors and tenants from foreseeable harm.

Massage and spa businesses can be liable when they employed therapists with histories of abuse, failed to supervise staff properly, didn't conduct background checks, or ignored complaints from clients. Some massage therapists use their positions of trust to commit sexual assault, and the businesses that employ them can be held accountable.

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-Greg Garcia

Types of Sexual Assault Cases I Handle in Chicago

Civil sexual assault claims are one of the most important and underutilized tools survivors have — and many people don't realize they can pursue a civil case even when the criminal system has failed them or the abuser was never charged. I handle sexual assault and abuse cases throughout Chicago against individuals, employers, institutions, and organizations whose negligence or deliberate indifference enabled the abuse to occur. These cases require a lawyer who treats clients with real discretion, takes the time to understand what they've been through, and knows how to build a case that holds every responsible party accountable. If you're ready to talk about your options, I'm here to listen.

Healthcare Provider Sexual Assault

Sexual assault by a doctor, nurse, therapist, or other healthcare provider is a profound betrayal of trust — and it's more common than most people realize. I handle civil claims in Chicago against healthcare providers who sexually abused or assaulted patients, as well as against the hospitals, clinics, and practices that employed them and failed to act on complaints or warning signs. These cases often involve institutional liability, meaning the facility itself can be held responsible for enabling or ignoring the abuse. If you were assaulted by someone in a medical or mental health setting, you have legal options beyond any criminal case. >> Learn More <<

School Sexual Abuse

When a child is sexually abused by a teacher, coach, administrator, or other school employee, the institution that employed that person often bears significant legal responsibility. I represent survivors and families in Chicago in civil claims against schools, school districts, and the individuals who committed the abuse. These cases frequently involve evidence that administrators knew about prior complaints and failed to act — and that institutional failure is exactly what civil litigation is designed to address. If your child was harmed in a school setting, I want to help your family understand what accountability looks like. >> Learn More <<

Workplace Sexual Assault

Workplace sexual assault and serious sexual abuse go beyond harassment claims — they can give rise to significant civil liability against the perpetrator and the employer. I handle civil workplace sexual assault cases in Chicago where an employer failed to protect an employee, ignored prior complaints, or created conditions that enabled the assault to occur, as "quid pro quo" abuses of power. These cases are separate from any EEOC or employment claim and can recover damages for the full physical and psychological harm you suffered. If you were assaulted at work and feel like it was minimized or covered up, call me. >> Learn More <<

Sexual Assault of a Child

Child sexual abuse cases are among the most serious matters I handle, and I approach them with the discretion, care, and tenacity they demand. If evil has a face, we mayb see it here.  I represent survivors and their families in civil claims against abusers and the institutions — schools, churches, youth organizations, daycare facilities, and others — that failed to protect children in their care. Civil claims are entirely separate from criminal proceedings and can move forward regardless of whether the abuser was ever prosecuted. If your child was harmed, or if you're an adult survivor ready to pursue civil accountability, I'm here to have that conversation. >> Learn More <<

Other Too Common Sexual Assault Contexts

Every sexual assault case is different, but I focus on situations where there's institutional liability – meaning an organization failed in its duty to protect you. These cases have the best chance of meaningful financial recovery because institutions typically have insurance policies and resources that individual attackers lack.

Rideshare sexual assault cases involving Uber and Lyft driver attacks are increasingly common in Chicago. Drivers assault passengers who are intoxicated, alone, or otherwise vulnerable. These companies can be held liable for negligent hiring, failing to conduct proper background checks, ignoring prior complaints about drivers, and inadequate safety measures.

Church and clergy sexual abuse cases are particularly devastating because they involve betrayal of religious trust. Priests, pastors, youth ministers, and other religious leaders who abuse children or adults can trigger liability for the religious institutions that employed them, especially when the institution knew or should have known about the abuse.

School and university sexual assault cases include teacher-student assault, coach or athletic trainer abuse, sexual assault by other students where the school failed to respond, and Title IX violations where institutions didn't follow federal requirements for investigating and addressing sexual assault on campus.

Other cases I handle include nursing home and assisted living abuse of elderly or disabled residents, sexual assault by law enforcement or corrections officers, athletic coach or trainer abuse of young athletes, hotel or property owner negligence that enabled assault, and massage therapist sexual assault during treatments.

What Compensation Can You Receive in a Chicago Sexual Assault Case?

Sexual assault causes both immediate and long-term harm. Illinois law allows survivors to seek compensation for economic damages including medical bills for emergency care, surgery, and ongoing treatment, mental health counseling and therapy which can continue for years or even a lifetime, prescription medications for anxiety, depression, PTSD, and other conditions, lost wages if you missed work due to the assault or its aftermath, future lost earnings if the trauma affects your ability to work or advance your career, and relocation costs if you had to move for safety reasons.

Non-economic damages compensate for physical pain and suffering from the assault itself and any resulting injuries, emotional distress including anxiety, depression, and fear, post-traumatic stress disorder (PTSD) which many sexual assault survivors develop, loss of enjoyment of life and inability to participate in activities you once loved, damage to personal relationships including intimate relationships and friendships, and loss of sense of safety and security in your own body and the world.

Punitive damages may be available in cases where the defendant's conduct was particularly egregious, when an institution deliberately covered up abuse to protect its reputation, or when there's clear evidence of reckless indifference to victims' safety. Punitive damages are designed to punish wrongdoers and deter future misconduct, not just compensate victims. They can significantly increase the value of your case.

Studies show that the lifetime cost of rape for a survivor averages $122,461 when accounting for medical expenses, lost productivity, and other losses. But every case is different. Your specific compensation depends on the severity of the assault and its impact, the defendant's conduct and level of culpability, the strength of evidence supporting institutional liability, your medical expenses and treatment needs, how the assault affected your work and earnings, and the lasting psychological and emotional harm you've suffered.

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"I was in a car accident. A neighbor referred me to Scott DeSalvo, and honestly I was scared and confused with all that was happening to me.  He was so patient and understanding with me. I decided to go ahead and proceed with him and I am so glad I did. Scott not only cares about the case, but he truly cares about his clients and that makes him the best lawyer I have ever met and hired! I really don't think I would have gotten though it all without him. In case you are wondering, he did win my case! He is thorough in everything he does. I highly recommend Scott, and will always refer him to family and friends."
Geannine Rowe

Illinois Statute of Limitations for Sexual Assault Civil Claims

Illinois law sets specific time limits for filing civil sexual assault claims. These deadlines vary based on when the assault occurred and whether you were an adult or child at the time. Missing these deadlines can permanently bar your right to seek compensation, so understanding your timeline is critical.

Time Limits for Adult Survivors

Under Illinois law, adult victims of sexual assault generally have two years from the date of the most recent incident to file a personal injury claim. This two-year deadline applies to most assault cases involving adult survivors. However, several exceptions can extend or pause this deadline. If criminal charges are pending against your attacker, the statute of limitations may be tolled (paused) until the criminal case concludes. The discovery rule may also apply if you repressed memories of the assault or didn't realize until later that your psychological injuries were caused by the assault.

Extended Protections for Childhood Sexual Abuse Survivors

Illinois law provides significantly more time for survivors who were children when the abuse occurred. On January 1, 2014, Illinois eliminated the statute of limitations for childhood sexual abuse cases. For abuse that occurred after January 1, 2014, there is no deadline – you can file a civil claim at any time, regardless of how many years have passed. For abuse that occurred before January 1, 2014, survivors have 20 years from turning 18, or 20 years from when a disability was removed, or 20 years from when you discovered that your injury was caused by childhood sexual abuse.

While survivors of childhood abuse have extensive time to bring claims, I still recommend taking action sooner rather than later. Evidence deteriorates over time, witnesses' memories fade, institutions may destroy records, and the longer you wait, the harder it becomes to prove your case. The stronger your evidence, the better your chance of holding perpetrators and enablers accountable.

Don't guess about your deadline. The specific facts of your case determine which deadlines apply. Call me for a free confidential consultation at (312) 500-4500 to understand your specific statute of limitations and protect your legal rights.

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How a Civil Sexual Assault Claim Works in Chicago

Many survivors worry that pursuing legal action will force them to relive their trauma or that the process will be invasive and public. While litigation is never easy, here's what actually happens and how I protect you throughout the process.

We start with a free confidential consultation where we discuss what happened, who may be liable, and whether you have a viable case. Everything you tell me is confidential and protected by attorney-client privilege. You're under no obligation to proceed, and I'll never pressure you. This is your decision.

If you decide to move forward, I begin investigating your case. I gather evidence including medical records documenting your injuries and treatment, employment records if workplace assault occurred, background checks on the perpetrator, complaints or reports filed with the institution, witness statements from anyone who saw what happened or observed the aftermath, and internal policies showing what the institution should have done to protect you. This investigation phase often reveals that institutions knew about problems and failed to act.

I then prepare and file a civil complaint in Cook County Circuit Court or the appropriate jurisdiction. The complaint identifies the defendants (both the perpetrator and any institutions) and explains why they're liable for your injuries. In many cases, I can file using Jane Doe or John Doe designations to protect your identity in public court records.

During the discovery phase, both sides exchange information through written questions (interrogatories), document requests, and depositions (testimony under oath). Your deposition can be conducted in my office with only attorneys present – it's not a public proceeding. I prepare you thoroughly and am there to protect you throughout.

Many sexual assault cases settle before trial. Defendants often want to avoid public trial and the risk of a large jury verdict, especially when there's strong evidence of institutional liability. I negotiate on your behalf to secure fair compensation. If we can't reach a fair settlement, we take the case to trial. You'll testify about what happened, and I'll present expert testimony, medical records, and other evidence to prove the defendant's liability.

Throughout the process, I work to minimize your stress and protect your privacy. Many survivors find that taking legal action – holding institutions accountable for failing to protect them – is part of their healing process. You're not just seeking compensation for yourself. You're potentially preventing the same thing from happening to others.

Call Any Time, Day or Night For A Free Consultation.
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Frequently Asked Questions About Chicago Sexual Assault Cases

Do I need to report the assault to police before filing a civil lawsuit?

No. You can pursue a civil claim without filing a police report. The civil justice system operates independently of the criminal system. However, if you do file a police report, that documentation can help your civil case by providing additional evidence.

What if I was drinking or using drugs when the assault occurred?

You can still pursue a claim. Intoxication doesn't mean you consented to sexual contact. In fact, Illinois law specifically recognizes that intoxicated people cannot give legal consent. Your attacker and any institutions that failed to protect you can still be held liable.

Can I sue if the person was never convicted criminally?

Yes. Civil cases have a lower burden of proof (preponderance of evidence – more likely than not) compared to criminal cases (beyond a reasonable doubt). Many civil claims succeed even when criminal charges weren't filed or didn't result in conviction. The two systems operate independently.

How long will my case take?

Sexual assault cases typically take 18 to 36 months to resolve from filing to settlement or verdict. Some settle sooner through early negotiations. Others take longer if they go to trial. The timeline depends on the complexity of your case, the number of defendants, and whether we can reach a fair settlement.

Will I have to testify in open court?

Not necessarily. Many cases settle before trial, meaning you never have to testify in court. If your case does go to trial, Illinois courts allow certain protections for sexual assault survivors, such as limiting public attendance during your testimony, closing the courtroom to spectators in some circumstances, and using pseudonyms in court filings.

What if the assault happened years ago?

You may still have a valid claim depending on when it occurred and your age at the time. Illinois has extended statutes of limitations for childhood sexual abuse, and the discovery rule may apply if you repressed memories or didn't realize the connection between your injuries and the assault until recently. Call me at (312) 500-4500 for a case evaluation.

How much does it cost to hire you?

Nothing upfront. I handle all sexual assault cases on contingency, meaning I only get paid if I recover compensation for you. I advance all case costs including expert fees, investigation costs, and court filing fees. You pay nothing out of pocket. If we don't win, you owe me nothing.

Stand Up Type of Attorney
"Mr. Scott D. DeSalvo is an Attorney that you will not regret you hired. He is very knowledgeable on the law, and many other things. When you speak with Mr. DeSalvo you will automatically get a comfortable feeling that he's on your side.  Mr. DeSalvo got me a settlement that i was MORE THAN happy with.  Mr. DeSalvo is truly a stand up type of Attorney who will go above and beyond to fight for his clients. Mr. DeSalvo show so much passion in his work. I was very pleased with the outcome of my case.
Vivica Hayes

Why Choose DeSalvo Law for Your Chicago Sexual Assault Case

I understand how difficult it is to talk about sexual assault. You won't be judged, pressured, or disbelieved. I have trauma-informed training specifically for interviewing sexual assault survivors, and I treat every conversation with the sensitivity and respect you deserve.

I focus on institutional liability, going after organizations with resources and insurance – employers, corporations, churches, schools, rideshare companies. Not just individual attackers who may be judgment-proof. This approach gives you the best chance of meaningful financial recovery.

When a case requires specialized expertise or trial experience in sexual assault litigation, I co-counsel with attorneys who have deep experience in this specific area. Sexual assault litigation is complex and sensitive. I'm not afraid to bring in additional help when it benefits my clients.

Your privacy matters throughout the process. I can pursue your case using Jane Doe or John Doe designations in court filings when appropriate. I protect your identity and work to keep sensitive details out of public records whenever possible.

I've been practicing in Chicago and the western suburbs for over 25 years. My office is in Oak Brook, and I meet clients throughout Cook County, DuPage County, and the surrounding area. I know the local courts, judges, and procedures. I'm not a national firm trying to handle cases everywhere – I'm focused right here in the Chicago area.

Recent Sexual Assault Settlements and Verdicts in Illinois

While every case is unique and past results don't guarantee future outcomes, here are examples of what institutions have paid when held accountable for failing to protect victims. A $1.8 million verdict was awarded against a Skokie hotel whose security guard sexually assaulted a guest, holding the hotel liable for negligent hiring and supervision. A $32 million verdict in Carrollton, Texas involved two high school football players where the school district failed to protect students. A $1 million settlement compensated a man who was abused during an after-school program in Chicago, with the organization having ignored complaints about the abuser. A $1.9 million settlement was reached when a woman was stalked and sexually assaulted by a rideshare driver after the company ignored multiple safety complaints.

These results show that institutions take notice when survivors stand up and demand accountability. Your case value depends on your specific circumstances, but don't assume you have no recourse because your attacker lacks resources. That's exactly why we pursue institutional liability.

Take the First Step – Free Confidential Consultation

If you're considering legal action after a sexual assault, the hardest part is often just making the call. You don't have to have all the answers or know exactly what you want to do. I'll help you understand your options with no pressure and no judgment.

Call me for a free confidential consultation at (312) 500-4500. Everything we discuss is protected by attorney-client privilege, even if you decide not to hire me. I'll respond to your inquiry within 24 hours. You can also fill out the confidential contact form on this page.

Sexual assault is never your fault. You deserve to be heard, believed, and supported. And you deserve to hold accountable the institutions that failed to protect you. Let me help you explore your legal options and fight for the justice and compensation you deserve.

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About Scott DeSalvo

Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.

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None of the above is legal advice. Every case is different. Nothing above should suggest the promise of any particular outcome on your case. If you need a lawyer, it is an important decision you must consider carefully. This website contains promotional and informational material only. If you need a lawyer or have a case, seek the advice of an attorney immediately. Do not rely on the information contained on this website alone. It cannot take the place of the knowledge, experience, advice and judgment of a skilled, aggressive and ethical attorney. Copyright ©2025 DeSalvo Law - Full Disclaimer: desalvolaw.com/disclaimer