No. 2--08--0199
-5-
In Hobert, the plaintiff brought a suit against a social worker and his employer, Covenant
Children's Home (Covenant), for injuries sustained as a result of alleged sexual abuse by the social
worker. The trial court dismissed the counts against Covenant, finding that section 13--202.2 of the
Code did not apply to nonabusers. The reviewing court reversed the trial court's decision,
determining that there was no reason for limiting the scope of section 13--202.2 of the Code to the
abuser. Hobert, 309 Ill. App. 3d at 643. The reviewing court explained that its conclusion was based
on the plain language of section 13--202.2 of the Code and further stated:
"Nowhere does the statute limit its application to injuries that are the result of childhood
sexual abuse by the abuser. We fail to see how the phrase 'based on' could be read to mean
anything other than any action brought for injuries suffered as a result of childhood sexual
abuse, whether it be at the hands of the abuser or by reason of a party's nonaction when such
party had a duty to protect the child being abused. Accordingly, we hold that section
13--202.2 may apply to a nonabuser to toll the statute of limitations when the nonabuser had
a duty to protect the child-victim ***." Hobert, 309 Ill. App. 3d at 644.
Based on the plain language of section 13--202.2 of the Code, as explained in Hobert, that
statute applies to both child abusers and those who had a duty to protect a child from abuse. 735
ILCS 5/13--202.2 (West 2006); Hobert, 309 Ill. App. 3d at 644. As the plaintiff alleged in her
complaint that the defendants breached their duty to protect her from abuse, section 13--202.2 of the
Code applied to the defendants.
In arguing that section 13--202.2 of the Code does not apply to nonabusers, the defendants
rely on Doe v. Board of Education of Hononegah Community High School District # 207, 833 F.
Supp. 1366, 1375 (N.D. Ill. 1993). The defendants also contend that Hobert is distinguishable. In
Hononegah, a student who was allegedly sexually abused by a teacher filed a civil rights action against
