Illinois House Bill 222, aimed at changing how courts handle evidence in civil lawsuits brought by survivors of childhood sexual abuse was signed into law by the Governor on December 20, 2024, after unanimous approval by both the House and Senate. The legislation introduces three key reforms designed to protect plaintiffs in these cases:
1. Elimination of Contributory Fault
The law prohibits courts from assigning contributory fault to plaintiffs in lawsuits based on childhood sexual abuse. Contributory fault is a legal concept that typically reduces or eliminates a plaintiff's ability to recover damages if their own actions contributed to their injury. Under this law, no such fault may be attributed to survivors.
2. Sexual Abuse Deemed Harmful Per Se
If a plaintiff proves by a preponderance of the evidence that a defendant committed childhood sexual abuse, courts must find that such conduct was inherently harmful and traumatic, without requiring the plaintiff to present additional evidence to demonstrate harm.
3. No Required Causal Connection to Damages
The law clarifies that it cannot be construed to require that a plaintiff should have known that their damages were related to their abuse at any specific time. This ensures that survivors are not penalized for failing to recognize the harm caused by the abuse within a certain timeframe.
This law applies only to claims for which the statute of limitations has not expired. In Illinois, a victim may bring a lawsuit based on childhood sexual abuse within ten years of their 18th birthday, or within five years from the date they discovered that they were sexually abused.
As this law takes effect, it remains to be seen how it may impact insurance coverage and how insurers may respond to these changes. We will be monitoring developments closely to keep you informed.
For more information on how this new law may impact you or your organization, please contact Michael A. Airdo at mairdo@airdowerwas.com, or Felicia Owen at Fowen@airdowerwas.com.