What Are Your Legal Options After Sexual Abuse? Learn More About Survivor Advocacy
Posted on Monday, April 6, 2026
Navigating the legal system after sexual abuse can be distressing, exhausting, and overwhelming. Our Survivor Advocacy team was founded not only to fight fiercely for plaintiffs’ rights, but also to make sure that our clients never have to face any aspect of litigation alone.
If you’re considering filing a sexual abuse lawsuit, it’s important to understand the basics of a legal case. From statutes of limitation and confidentiality to intake interviews and burden of proof, we’ll walk you through your legal options, litigation basics, and what you need to know to make an informed choice about your potential case.
The National Sexual Assault Hotline provides confidential support 24 hours a day, seven days a week. They can be reached at online.rainn.org and 1-800-656-4673.
How long do I have to file a sexual assault case?
The statute of limitations defines how long you have to file a case after a crime. This time period varies depending on state laws and is often between two and five years. However, many states, including Illinois, have lifted the statute of limitations for child abuse claims occurring after a certain date for many sexual assault and sexual harassment cases. This means that regardless of how long ago the abuse happened, you may be able to take legal action to hold the perpetrator accountable.
Other states have different statutes regulating how long after sexual abuse a lawsuit can be filed. Many states have extended or eliminated these time frames for people who were the victims of childhood sexual abuse.
Will my case be confidential?
Our team prioritizes our clients’ privacy at every step of the process. Initial conversations are always free and confidential, with no pressure to proceed with a legal case if you decide it isn’t the right option for you.
During the litigation process, our Survivor Advocacy attorneys and legal team will make all decisions in conversation with you. That means that you will be able to decide whether to file under a pseudonym, accept a confidential settlement, or pursue other options in order to make sure your case is private.
What questions will a Survivor Advocacy attorney ask me?
When you reach out to the Survivor Advocacy team at Wallace Miller, you will speak to a member of our legal support staff trained in trauma-informed advocacy. This person will gather information about you and ask you questions about your history of sexual abuse. They may ask about when the abuse occurred, who perpetrated the abuse, any medical care you received, and other details. This information is stored in our secure online portal and is only accessible to the legal team working on your case.
After your initial call, one of our attorneys will review your case. If we are able to represent you, you will be sent a contract to sign and return. Then, the attorney, paralegal, and legal team will gather additional information we need to file your case, including medical records.
The process of talking about sexual abuse is often extremely difficult. Our team will always respect your wishes and go at your pace in all conversations about your experience and the potential litigation.
Wallace Miller partner Molly Condon Wells
What is the difference between a civil case and a criminal case?
After sexual abuse, a survivor has the option to file a civil lawsuit, a criminal lawsuit, or both. In a criminal lawsuit, survivors file a police report and pursue criminal charges. The case moves through the criminal court system and, depending on the verdict, the perpetrator of the abuse may face jail time, fines, and other consequences. Criminal cases have a higher burden of proof than civil lawsuits.
Civil litigations don’t bring criminal charges or result in jail time. Instead, they seek to compensate individuals financially for the harm they suffered. These lawsuits have a lower burden of proof than criminal lawsuits.
Our team fights for justice for our clients through the civil justice system. While no amount of money can undo the harm caused by sexual assault, financial compensation often enables survivors to recover and move forward. Payments can cover the costs of medical fees, lost wages, pain and suffering, and more.
Many sexual assault survivors pursue criminal charges and a civil case at the same time. While we only pursue civil cases, we are committed to working with our clients to make sure they have the support they need in all avenues they choose to pursue.
What is the burden of proof in a sexual abuse case?
“Burden of proof” refers to the standard of evidence that must be reached in court to establish something as true. This standard varies between criminal and civil lawsuits.
In criminal cases, the prosecution must prove that the defendant is guilty “beyond a reasonable doubt.” This is the highest standard for proof, because it requires the court to acquit the defendant if there is any reasonable possibility that they are not guilty.
In civil litigation, the plaintiff must prove that there is a “preponderance of evidence.” This is a lower standard than in criminal cases and requires proof that the plaintiff’s claim is more likely than not to have occurred. In other words, a case will be decided in the plaintiff’s favor if the court decides that there is a greater than 50% chance that their claim is true.
Survivor Advocacy at Wallace Miller: How our team helps survivors seek justice
Our Survivor Advocacy team exists to stand with survivors at every step of the legal process. As leaders in national sexual abuse litigation, we always put the individual first. Every case is different, and while legal action is a powerful resource, it isn’t right for everyone.
Survivors deserve to make informed choices about their potential lawsuits based on complete information. From initial conversation to case resolution, our team works at each client’s pace. We explain the legal process clearly every step of the way to make sure that they can make empowered decisions about their individual path to justice.
