New thoughts after Session 5 counseling:
He is a lawyer. My dream foresaw this.
He has a wife and 2 kids.
If he isn't in jail, has a clean record, a lawyer, and has a normal family, maybe I was the only one he ever did this to. How do I feel about that? Happy. That means he more than likely only did this to me.
Could he have been drinking after prom?
Did he do this to Jamie when she was younger? Did his mom see any of those behaviors and was extra cautious when I spent the night?
The statute of limitations of Illinois still gives me the power to prosecute today if I wanted.
The following website states:
http://www.icasa.org/docs/statute%20of%20limitations.pdf
A. Cases Involving Minor Victims (720 ILCS 5/3-6(j))
In 1986, the Illinois legislature first recognized the necessity of providing for an extension
to the normal three-year felony statute of limitations in cases of child victims. In 1986, the
statute of limitations was extended for child victims of sex crimes to one year after
attaining the age of majority (18). P.A. 84-506 (eff. Jan. 1, 1986). In other words, a case
could be charged any time before the victim’s 19th birthday even if, for example, the sexual
assault had occurred when the child was six years old. This change first extended only
cases in which the victim and offender were family members but was soon modified to
include all child victims regardless of whether there was a family relationship. P.A. 84-
1280 (eff. Aug. 15, 1986). P.A. 84-1280 also clarified that when the victim is a minor, the
statute of limitations will not expire sooner than three years after the commission of the
offense.
In 2000, this one-year limitations period was changed to 10 years, extending cases of
criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse until the victim turns 28. P.A. 91-
475 (eff. Jan. 1, 2000). There was an additional reporting requirement if the victim was not
a family member, which was removed in 2002. P.A. 92-801 (eff. Aug. 16, 2002). In 2003,
the law was changed again to 20 years, now allowing prosecution until the victim reaches
the age of 38. P.A. 93-356 (eff. July 24, 2003). Since the 10-year and 20-year extensions
occurred only three years apart, any case that survived the change to the age of 28 also
qualifies for the age 38 extended statute. The challenge is in determining whether the case
was still viable when the 2000 change occurred.
The Formula (Minor Victims Only)
If the sexual crime occurred after July 1, 1984, and the victim was a minor (under 18) when
the crime occurred and is currently under the age of 38:
1. Was the victim under the age of 19 as of January 1, 2000 (born after January 1,
1981)?
• If “no,” the case is not viable.
• If “yes,” continue.
2. Was the victim a family member to the perpetrator (“family member” being defined
by 720 ILCS 5/12-12(c))?
• If “yes,” the case is viable.
• If “no,” continue.
3. Was the victim born after January 1, 1981, and before August 15, 1983?1
• If “no,” the case is viable.
• If “yes,” continue.
4. Did the victim report the incident to law enforcement by age 21?
• If “no,” the case is not viable.
• If “yes,” the case is viable.
In 1986, the Illinois legislature first recognized the necessity of providing for an extension
to the normal three-year felony statute of limitations in cases of child victims. In 1986, the
statute of limitations was extended for child victims of sex crimes to one year after
attaining the age of majority (18). P.A. 84-506 (eff. Jan. 1, 1986). In other words, a case
could be charged any time before the victim’s 19th birthday even if, for example, the sexual
assault had occurred when the child was six years old. This change first extended only
cases in which the victim and offender were family members but was soon modified to
include all child victims regardless of whether there was a family relationship. P.A. 84-
1280 (eff. Aug. 15, 1986). P.A. 84-1280 also clarified that when the victim is a minor, the
statute of limitations will not expire sooner than three years after the commission of the
offense.
In 2000, this one-year limitations period was changed to 10 years, extending cases of
criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse until the victim turns 28. P.A. 91-
475 (eff. Jan. 1, 2000). There was an additional reporting requirement if the victim was not
a family member, which was removed in 2002. P.A. 92-801 (eff. Aug. 16, 2002). In 2003,
the law was changed again to 20 years, now allowing prosecution until the victim reaches
the age of 38. P.A. 93-356 (eff. July 24, 2003). Since the 10-year and 20-year extensions
occurred only three years apart, any case that survived the change to the age of 28 also
qualifies for the age 38 extended statute. The challenge is in determining whether the case
was still viable when the 2000 change occurred.
The Formula (Minor Victims Only)
If the sexual crime occurred after July 1, 1984, and the victim was a minor (under 18) when
the crime occurred and is currently under the age of 38:
1. Was the victim under the age of 19 as of January 1, 2000 (born after January 1,
1981)?
• If “no,” the case is not viable.
• If “yes,” continue.
2. Was the victim a family member to the perpetrator (“family member” being defined
by 720 ILCS 5/12-12(c))?
• If “yes,” the case is viable.
• If “no,” continue.
3. Was the victim born after January 1, 1981, and before August 15, 1983?1
• If “no,” the case is viable.
• If “yes,” continue.
4. Did the victim report the incident to law enforcement by age 21?
• If “no,” the case is not viable.
• If “yes,” the case is viable.
