Your Safety and Privacy Come First: A Guide for Sex Trafficking Survivors in Illinois Considering a Civil Claim

Trafficking survivors in Illinois can explore a claim confidentially, protect their identity and even have an organization file for them. Call (708) 671-6858.

Your Safety and Privacy Come First: A Guide for Sex Trafficking Survivors in Illinois Considering a Civil Claim

If you are not safe right now, call 911. For confidential support at any hour, RAINN's National Sexual Assault Hotline answers at 1-800-656-4673, and the National Human Trafficking Hotline can be reached at 1-888-373-7888. Calling either one is free, it does not commit you to anything, and it does not create a record you would ever have to hand to a lawyer.

Survivors of trafficking often have very real reasons to be cautious. Traffickers may still be around. Family members may not know what happened. A survivor may be rebuilding a life, a career or custody of their children. For many, the first question about a lawsuit is not "can I win?" but "can I do this without putting myself at risk?" This guide addresses that question directly.

Asking Is Confidential

Talking to a lawyer about your options is private. Nothing you say during a consultation is shared with anyone else, and if you decide not to go forward, that is the end of it. You do not need to have reported to police, and nobody needs to have been charged for a civil claim to be possible.

Planning Around Safety

A lawsuit should never make a survivor less safe. Before any filing, it is worth thinking through practical questions with a lawyer and, ideally, a trusted advocate: Is the trafficker still in contact? Are there people who could be pressured or threatened? Is there a safe address and phone number for legal correspondence? Do you need time to secure housing or a protective order first? A civil case can be paced around those needs. There is no obligation to move faster than your safety allows, as long as filing deadlines are watched, and a lawyer can help you keep track of them while you focus on stability.

Your Name Does Not Have to Be Public

If a case is filed, steps can be taken to protect your identity in the court record. We explain those steps in detail before anything is filed, so you can make an informed decision.

Someone Else Can File for You

Not every survivor wants to be the named party. Illinois' Trafficking Victims Protection Act, 740 ILCS 128, recognizes that. A case under it can be brought by someone acting for the survivor, such as a guardian, an authorized agent or a person the court appoints. A nonprofit or advocacy group that works with trafficking victims can also step in as the filer, but only if the survivor gives clear permission in writing. For people who want accountability but need distance from the process, that option can make the difference between acting and staying silent.

Your Past Will Not Be Used Against You

Under the Illinois Act, any illegality in the survivor's own involvement in the sex trade cannot be raised as a defense. The state filing period also stays on hold until any limitations period for prosecuting the survivor over related acts has run out.

Who the Claim Targets

A civil trafficking claim does not have to focus on confronting the trafficker. It can be directed at hotels and other businesses that profited. Under 18 U.S.C. § 1595, a survivor can sue a business that knowingly benefited from taking part in a venture it knew or should have known involved trafficking. Hotels are the most common institutional target, and those cases center on what employees noticed, what they reported up the chain and what the property did. The theory known as knowing benefit is the usual foundation, often joined by other claims. Such businesses are private, which means Illinois' Tort Immunity protections for public bodies generally do not apply.

The Illinois Gender Violence Act, 740 ILCS 82, is another possible route. It reaches people who personally committed gender-related violence or personally encouraged or assisted it.

You Do Not Have to Remember Everything

Gaps in memory are ordinary after trafficking. Claims against businesses are largely built from their own records, such as reservations, payments and internal reports, so your account does not have to be complete.

Timing

Federal claims generally have a 10-year window that, for anyone trafficked as a minor, can run from the 18th birthday instead. Illinois has its own rules for state claims. A lawyer can check where you stand.

Short Answers

Will the trafficker find out I called a lawyer? No. A consultation is confidential.

Can my family be kept out of this? You decide who to involve. Identity protections in court are also available.

I'm not ready to decide anything. That is fine. You can simply learn your options and come back later, as long as deadlines allow.

What Happens When You Call

You can call us with nothing more than a question, and you will speak with a real person. If you want us to look further, we research without charge which businesses may have profited, what they knew, which records exist and whether a claim can still be brought. We tell you plainly what is possible and let you decide. Saying no ends our involvement confidentially. Saying yes means we handle the filings, deadlines, records and insurers, with protections for your identity in place.

Coplan + Crane in Chicago

Office: 60 W Randolph St, Suite 333, Chicago, IL 60601. Phone: (708) 671-6858, answered every hour of every day. Ervin Nevitt, a partner, has practiced in Illinois since his 2014 admission. Nothing you say is passed along to anyone. Read more: https://survivorsofabuseil.com/sex-trafficking-lawyer-il/

Attorney advertising. Treat this as general guidance rather than legal advice.

Edna Freemon
Edna Freemon

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