Does Delayed Reporting Impact an Illinois Sexual Assault Case?

 Posted on September 05, 2025 in Sex Crimes

Under certain circumstances, sexual assault charges may be filed days, weeks, or even years after an alleged incident. This means there may be no immediate police report, no early witness statements, and no medical exam performed soon after the alleged incident. When delayed reporting occurs, serious challenges can be raised in court, even though prosecutors will almost certainly argue that delayed reporting is common among sexual assault victims.

The job of the criminal defense attorney is to highlight the problems delayed reporting creates for the defendant in terms of fairness, evidence, and accuracy. If you are facing delayed reporting of sexual assault charges in Illinois, the penalties for a conviction are severe and lifelong. An experienced Joliet, IL criminal defense attorney will advocate for your rights and your future from start to finish.

About Delayed Reporting in a Sexual Assault Case

In the state of Illinois, an alleged victim of sexual assault (Texas Penal Code Section 22.011) can report the crime at any time. As of 2019, Illinois became the eighth state to eliminate the statute of limitations for prosecuting felony criminal sexual assault and sexual abuse cases. This means that victims can file charges against the alleged perpetrator at any time, regardless of when the assault occurred. Older cases that occurred before the change in the law may still be subject to the previous statutes of limitations.

Common reasons a victim might delay reporting a sexual assault cause would be fear of retaliation, trauma, an ongoing relationship with the accused, or the social stigma that reporting might bring. Prosecutors may assert that the victim’s trauma explains the delayed reporting, and courts may instruct jurors not to give any weight to the fact that the victim did not immediately report the crime.

How Defense Attorneys Typically Deal with Delayed Reporting in a Sexual Assault Case

A defense attorney may present one or more of the following reasons that delayed reporting in a sexual assault case is less than fair to the defendant:

• The memories of the alleged victim and witnesses have faded over time, making it difficult to recall events clearly.
• Evidence that might exonerate the defendant may no longer exist, including surveillance footage, texts, emails, and medical records.
• The delay may prevent the alleged perpetrator from receiving due process.
• Outside influence during the interim may have tainted the victim's and the witness's credibility.

How Do Jurors View Delayed Reporting of a Sexual Assault Victim?

Jurors may be skeptical of delayed reporting, expecting a "real" victim to report the sexual assault immediately. Even so, the defense attorney must tread carefully when introducing the effect the delayed reporting has had on the defendant. Jurors are more likely to return a guilty verdict and have more belief in the victim’s story when there are multiple allegations rather than a single allegation.

Jurors are also more likely to believe that a person in his or her teens or younger is justified in delayed reporting than a person who is in their 20s, 30s, or older at the time of the alleged sexual assault. The amount of time that has elapsed also makes a difference. Jurors in general are more likely to believe an alleged victim who waits a few months or even a year to report a sexual assault than one who waits decades.

Contact a Will County, IL Sex Crimes Lawyer

Building a defense for sexual assault – especially when delayed reporting occurs – requires the strategic use of juror education, witness credibility, and available evidence. A skilled Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C. can often make the difference between a conviction, a plea deal, or an acquittal. Attorney Blatti has experience working as a public defender and has excellent relationships with prosecutors and judges. He is local to the Joliet area and received the Elite Lawyer honor from 2018 to 2024. To schedule your free consultation, call 815-744-2500.