The Person Who Abused You Has Died: Why Aurora Survivors Can Often Still Bring a Civil Claim Against the Church, School, or Organization

One of the most common things survivors in Aurora tell us is that the person who abused them has died. Many assume that ended any chance of accountability. It usually did not.

A claim can still proceed. These cases are usually brought against the institution that placed that person in a position of trust, not against the individual. That might be a church, a school district, or another organization that should have protected you.

It is also very often not too late, and you do not need to have reported the abuse or seen a conviction. Attorney Ervin Nevitt, a partner at Coplan + Crane, reviews these cases. His Illinois bar registration is 6319808, and he was admitted in 2014.

Why the institution is the focus

Institutions keep records, carry insurance, and had a duty to protect the children and adults in their care. A claim looks at which institution was responsible, what it knew, and what records exist. None of that depends on the abuser being alive.

Institutions that come up in Aurora

Aurora sits in two Catholic dioceses. The Kane County side belongs to the Diocese of Rockford, where the Illinois Attorney General's 2023 report named 24 clerics with substantiated child sexual abuse claims. The DuPage, Will, and Kendall County sides belong to the Diocese of Joliet, where the report named 69.

Schools are another frequent setting. Six districts serve Aurora, including East Aurora District 131, with about 12,000 students across 22 sites and the 13th largest district in Illinois. West Aurora District 129 and Indian Prairie District 204 also serve the city, along with three others. The district a school sits in decides who the defendant is.

When a school district, a county, or the state is responsible, the Illinois Tort Immunity Act and special notice requirements apply. Those do not apply to private organizations. It is the first thing to check, and it is easy to get wrong.

Where the claim is filed

Most civil claims are filed in the circuit court of the county where the abuse happened, whether Kane, DuPage, Will, or Kendall. Claims against the State go to the Illinois Court of Claims.

Common Questions Around These Claims

Does it matter that it happened long ago? It matters, but not how most people assume. Your age at the time, who was responsible, and the facts are what govern it.

Do I have to make a decision now? No. You can ask what is possible and stop there.

Can my identity be protected? Steps can be taken to protect your identity in the court record.

Support in Aurora

You do not need a lawyer to get help. Mutual Ground in Aurora offers a 24-hour sexual violence hotline at 630-897-8383. RAINN is available at 1-800-656-4673, free and confidential, 24 hours.

What happens if you call

Nothing is set in motion by a question. You speak with a person, not an intake script, and you do not need to describe what happened. We look into who had a duty, and that work costs you nothing. Then we tell you plainly what is possible.

If you decide not to proceed, it ends there, and what you said stays confidential. If you proceed, we handle filings, deadlines, records, and insurers.

Call (708) 671-6858 for a free, confidential case review.