Much of the national conversation about trafficking lawsuits focuses on federal law. Illinois, though, has its own civil statute built specifically for people who were drawn into the sex trade, forced labor or human trafficking. It was designed with survivors' realities in mind, including the fear many have of being blamed for what they were forced to do. For people trafficked in Illinois, understanding this state law can open options that might otherwise be overlooked.
Bringing a claim under it does not require that you reported to police or that anyone was charged. Like other civil claims, it asks what those responsible, including businesses that profited, knew, should have known and did.
The Statute and Its Purpose
The law is the Illinois Trafficking Victims Protection Act, found at 740 ILCS 128. It was formerly known as the Predator Accountability Act. Its stated purpose is to let people who have been subjected to the sex trade, involuntary servitude or human trafficking pursue civil damages and remedies from individuals and entities that recruited, harmed, profited from or maintained them.
Who Can Bring the Claim
A survivor can sue in their own name. The Act also allows a legal guardian, an agent of the victim or a court appointee to bring the case. With the survivor's express written consent, an organization that represents or serves victims may file on the survivor's behalf. That flexibility can matter for survivors who are not ready to be the face of a lawsuit.
Your Own Conduct Is Not a Defense
One of the Act's most important features is what it does not allow. A defendant cannot avoid liability by arguing that the survivor was involved in illegal sex trade activity. Any illegality on the survivor's part is expressly not a defense to a claim under the Act. Many survivors carry fear and shame about what they were made to do; this provision recognizes that coercion, not choice, is what the law is addressing.
The Standard of Proof
Claims under the Act are decided by a preponderance of the evidence, meaning more likely than not. That is far lower than the criminal standard, and it is one reason a civil case can succeed even when no one was prosecuted.
What Survivors Can Recover
The Act provides several forms of relief. Among them, a court can award damages measured by the gross revenues a defendant received from, or related to, the survivor's exploitation. The Act also prevents double recovery: someone who recovers certain costs or damages under this Act cannot recover the same amounts again under another law, and vice versa.
Timing and Protection From Prosecution
The limitation period for claims under the Act is set in 735 ILCS 5/13-225. An important protection applies: that period does not start running until all limitations periods for criminally prosecuting the survivor over related acts have expired. That rule exists so survivors are not forced to sue while they might still be exposed to charges connected to their own trafficking. Because the timing rules are detailed, a lawyer should review them against your facts.
How It Fits With Federal Law
The federal civil remedy, 18 U.S.C. § 1595, also lets survivors sue businesses that knowingly benefited from a venture they knew or should have known involved trafficking. Hotels are the most common institutional defendant. A single set of facts may support claims under both laws, and knowing benefit is the theory that most often drives claims against businesses. The defendants are usually private, so Illinois Tort Immunity rules for public bodies do not apply in the same way.
Questions About the Illinois Act
I was involved in things that were illegal. Does that bar my claim? No. Under the Act, illegality on the survivor's part is not a defense.
Can someone else file for me? A guardian, agent or court appointee may, and so may a victim-serving organization with your written consent.
Will my identity be public? Steps can be taken to protect it in the court record, and we explain them before filing.
I only remember some of what happened. That is normal. Institutional records often carry these cases.
Working With Us
There is no obligation in calling. A person answers, and you may keep details to yourself. With your go-ahead, we research without charge who recruited, harmed or profited, what they knew, which records exist and whether a claim can still be brought. We give you a clear assessment and you decide. If you say no, everything stays confidential. If you say yes, we handle filings, deadlines, records and insurers, and can seek protections for your identity.
Reach Ervin Nevitt
Ervin Nevitt is a partner at Coplan + Crane and joined the Illinois bar in 2014. The firm picks up (708) 671-6858 around the clock from its office at 60 W Randolph St, Suite 333, Chicago, IL 60601.
RAINN's National Sexual Assault Hotline, 1-800-656-4673, is available free and in confidence whenever you need it. If anyone is in danger, call 911. Reaching out to RAINN leaves your legal options unchanged.
Attorney advertising. Offered as general information; it is not legal advice.
