Frequently Asked Questions
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The process for reporting a sexual assault directly to the police varies by state and county. In Chicago, survivors of sexual abuse likely have to provide such a disclosure over the telephone. If you obtain a SANE exam (“rape kit”), you can also elect to have it reported to law enforcement in the office of the medical facility. Generally speaking, unless it is an emergency, local law enforcement has a non-emergency line (such as 311) or an online portal for which such reports can be disclosed. After a report has been submitted, a detective or investigator should follow up with you to schedule an interview. Most survivors find these conversations to be emotionally difficult, if not traumatizing. It is important to have a support system (whether that be family, friends, a therapist, a victim advocate, or a civil attorney) to rely on when working with the police. It can also be helpful to write out the core “facts” of what happened to you so you do not feel overwhelmed trying to recall them in a conversation with a stranger. This would include the order of events (what happened when and what happened next), as well as what happened immediately before and after the assault.
Hospital Evidence Collection: If the assault occurred recently, visit any Chicago emergency room. Under state law, outpatient medical care related to an assault is free for 90 days. The hospital can perform a medical forensic exam, commonly known as a rape kit.
Evidence Tracking System: After a forensic exam, the hospital provides a tracking number and a six-digit PIN. This allows survivors to securely monitor the testing status of their evidence through the Illinois State Police laboratory system without contacting the police directly.
Immigration Protections: Chicago and Cook County law enforcement policies prohibit officers from asking about a survivor’s immigration status when a sexual assault is reported.
Confidential Community Advocacy: If you seek support before speaking to law enforcement, contact the 24/7 Chicago Rape Crisis Hotline at (888) 293-2080. Operated by local organizations such as Resilience and the YWCA Metropolitan Chicago, these programs can send a confidential advocate to accompany you to the hospital or police station to safeguard your rights.
Watch: For a step-by-step walkthrough of how to report to the Chicago Police Department, watch this video from Symone Shinton: https://www.instagram.com/reel/DWREaAqR4o1/?igsh=MXZld2h4Zmp4a2p5ZA==
Deciding whether and when to report to law enforcement is entirely your choice. Consulting with a civil attorney can help you understand what this process will look like for you and what you need to be “ready” if you decide it is the right decision for you.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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The short answer is eventually, yes. Your legal team cannot force you to obtain medical treatment, and we will not pressure you to do so. That said, the underlying trauma you have experienced, coupled with engaging in the legal process, can be extremely psychologically disruptive. Even the most trauma-informed lawyer cannot replace the expertise of a therapist or psychiatrist. Put simply: you need support, and our team will not always be able to provide it or be the best qualified to do so.
Additionally, refusing to work with medical providers will absolutely make your lawsuit more difficult. Medical professionals are qualified to render opinions on the state of your emotional, physical, and mental well-being. This treatment is “evidence” that proves not only the legitimacy of your claims but the extent of your damages. When the only evidence that we have is your testimony, the entire burden of proof rests on your shoulders. You will be asked in a deposition why you have not sought medical care if you are truly having such a hard time, and a jury–many of whom we already have to educate on the realities of sexual assault– will ultimately be empowered to judge how they feel about your decision not to seek medical treatment. Most survivors who aren’t ready to obtain medical treatment cite 1) a (understandable) resistance to talking about the worst thing that ever happened to them with a stranger or 2) lack of financial resources. On the first point– we hear you– and this is why we do not require our clients to have established consistent care at the time of representation. But speaking with a medical professional is necessary before litigation begins, even if only to begin getting used to the process of telling your story to a stranger. On the second point, check out our Resources page for non-profit support in Chicago. Once you are a client, our team can help you understand your health insurance and find providers who have experience treating sexual abuse survivors. If you don’t have health insurance, there may still be options for you to get the help you need.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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‘Institutional’ sexual abuse occurs when the individual assailant is the employee or agent of an institution (a company or public organization, for example) and/or otherwise commits the assault on the premises of the institution. ‘Individual’ sexual abuse occurs strictly between two individuals, such as romantic partners, friends, acquaintances who connected on a dating app or social media, or strangers. Generally speaking, lawsuits brought solely against individuals are inadvisable, and we do not recommend them. Companies such as medical facilities and apartment complexes have a duty to hire, train, and supervise the individuals they employ. When someone on their payroll assaults you, there is potentially liability directly against those companies. Our law firm specializes in those cases.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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Potentially, yes. Survivors should work with a civil attorney to understand whether they still have a case. The burden of proof in the criminal justice system is the highest possible standard–beyond a reasonable doubt. There are a variety of reasons why local law enforcement or state prosecutors elect not to investigate or recommend charges for a sexual assault. And juries may be able to understand why an individual did not want to pursue criminal punishment against their assailant.
The government files a criminal case and aims to punish the person who committed the crime. You file a civil lawsuit and seek financial compensation for what happened. These are entirely separate legal processes with different standards of proof. You can pursue a civil claim even if the criminal case did not result in a conviction, or even if no criminal charges were ever filed. Many survivors pursue civil cases for exactly that reason, and others because they do not believe that taking away the liberties of their abuser will help them heal from the assault.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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Not reporting immediately does not disqualify you from pursuing a civil claim. There are many valid reasons why survivors do not report right away, and civil lawyers who specialize in sexual abuse understand what it takes to educate jurors as to why a “real victim” might not have wanted to engage with the criminal justice system immediately or at all. There are other ways to prove liability in a civil setting, beyond the criminal justice system. We can discuss your specific situation during a free consultation.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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Answering all of the questions on our Speak to Us page is the easiest way for us to determine if you have a case. The most important factor is time. If you were sexually assaulted as an adult, generally speaking, courts in Illinois require you to file a lawsuit within 2 years of the assault, for example. If you were abused as a child, there may not be a time limit for you to file depending on when you were born. Even if you are not ready to file your case, an experienced sexual abuse lawyer can leverage relationships to enter into a tolling agreement with opposing counsel to afford you more time. But you must begin working with a lawyer before the statute of limitations runs, or there is nothing we can do, no matter how meritorious your claim is.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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The law does not necessarily recognize a distinction between sexual abuse and other personal injury claims (i.e., car accidents) when it comes to the length of time an adult has to file a claim. In Illinois, the general statute of limitations for personal injury claims is two years from the date of the incident. If you were abused as a child, depending on when you were born, there may be no statute of limitations, meaning you have no deadline to file. So, the most important thing is to get the basic facts of your abuse to a civil attorney as soon as possible, so they can at least inform you of how much time you have to file a case.
Do not assume your window has closed without speaking to an attorney first. The clock does not always start on the date of the last incident. There are important exceptions that experienced sexual abuse attorneys can argue apply in certain circumstances (such as abuse committed at the hands of a medical professional). Still, there is no guarantee of success with these arguments.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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We are the only law firm that exclusively handles sexual abuse claims in the Midwest, in addition to being led and founded by a survivor of sexual abuse herself. The founder of the firm defended Fortune 500 companies for 8 years and utilizes that experience and expertise to represent survivors. This means that our entire business model is built around advocating for survivors of sexual abuse, rather than dividing our attention and legal expertise among those injured in car accidents or victims of consumer fraud. This means that when judges see our law firm on a filing or one of our lawyers in court, they know immediately they are dealing with a law firm that exclusively handles high-profile sexual abuse claims. We have built a reputation for credibility, professionalism, and reliability in our niche, and our clients benefit from our exclusivity.
Many law firms advertising for sexual abuse cases have never actually litigated a sexual abuse claim and have no experience holding space for the unique traumas of those clients. We see these cases consistently devalued (i.e., urging early settlement rather than taking the time necessary to develop a claim through filing and winning motions, obtaining documents, taking depositions, and working with experts) or otherwise mishandled (i.e., attorneys not filing essential legal claims available to survivors of sexual abuse or losing arguments from a failure to understand this niche area of law). Our law firm is grounded on the foundation that it is traumatizing and painful for survivors to work with lawyers. Working with a team that understands that just seeing your lawyer’s name on your cell phone can plunge you into a depressive episode makes all the difference when you are committing to a potentially several-year-long relationship.
Because our firm is a small business that is staffed leanly and refuses to take on private equity funding, we can evaluate the client's best interests without being conflicted by the financial pressures of steep internal overhead costs. Choosing a firm with dozens of lawyers and offices may sound great at first until no progress is made on your case in a year, you can’t get a hold of your lawyers, and you’re ultimately turned down when your case is determined not to be valuable enough to enrich shareholders, for example. You aren’t competing with a product liability campaign with hundreds of clients at our firm. We are extremely selective about who we work with and regularly turn down and refer out clients who don’t fall within our criteria to ensure we can provide the gold standard of representation to our survivors.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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It depends on a wide variety of factors, both within and outside of our control. In Illinois, a case will be scheduled for trial within 12-24 months of filing. Generally speaking, it is fair to expect your case to be in a position to negotiate settlement offers around 2 years of representation when filed in Illinois. Many circumstances can slow down or expedite this timeline. For example, as a former defense attorney, Symone sometimes finds herself suing a company represented by counsel with whom she has a relationship. This can expedite the time to mediation and settlement. In some circumstances, the police have conducted a thorough investigation, allowing us to obtain key evidence via a FOIA request that would otherwise have taken about six months to obtain through discovery in court. Companies are presented with opportunities to delay the progress of lawsuits deliberately, and they are often successful in doing so in ways we cannot control. In addition, if your case goes to trial, companies can file an appeal, further delaying the timeline for receiving payment. You should never plan your life around receiving compensation from a lawsuit unless and until your lawyer advises you that a settlement has been reached.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.
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It is nearly impossible to know the value of a case before completing discovery, and we do not work with clients primarily motivated by their case's value. At any point during representation, a client’s behavior can substantially devalue their case should they depart from their lawyer's advice. Evidence of the company’s negligence is usually held privately and must be obtained through the legal process, including discovery and depositions. If your case is filed, you will ultimately be required to give a deposition. That deposition will impact the value of your case. In short, the value of your case is a moving target that becomes clearer as a lawsuit progresses. As the client, you must consider what you are willing to endure to enhance the value of your case, as the longer a case proceeds, the more invasive it will be on your peace and privacy. We respect our clients’ emotional boundaries when advising on case value. It is difficult to put a price on the cost of your mother giving a deposition about watching you suffer from sexual abuse. While some clients feel empowered by “having their day in court,” others want to move on as quickly as possible, provided a threshold of accountability is achieved. We work with our clients to determine where they stand, and we recognize that their tolerance for the litigation process may strengthen or weaken throughout representation.
When you reach out to The Law Office of Symone Shinton, your first step is a free consultation. There is no pressure and no obligation. You will have the opportunity to describe your situation in your own words, ask any questions you have, and get a clear sense of whether and how the firm can help you. If we believe you have a viable claim, we will walk you through the process. Nothing moves forward without your understanding and your agreement.
The information shared here does not constitute legal advice and does not create an attorney-client relationship. No person should act or refrain from acting based on this content without first seeking legal counsel.