The attack allegedly happened on July 30, 2010.
Police say the 13-year-old victim met the suspect, Acurie Collier, 34, while he was posing as a young boy on the Internet and obtained the girl's address.
The girl's mother, who does not want to be identified, discovered Collier in her daughter's bedroom after the alleged assault. She says Collier climbed in through the window.
"My daughter was standing there just frozen. She couldn't say anything. I'm asking her what's happening, did he touch you, did he do anything to you. She couldn't talk. She couldn't do anything," she said.
The mother says she called 911 and her fiancee for help, but until he arrived she bravely fought back.
"He tries to get out. He hit me. I hit him back," she said. "I held him there for 45 minutes till police got there."
It wasn't until December when the Illinois Policy Institute discovered Collier had violated his probation multiple times before the attack.
The lawsuit says Collier, who is listed on the Illinois sex offender website, had been on probation for a charge of aggravated criminal sexual assault.
"Forty one times this man had not abided by his probation and the probation officer did nothing. He dropped the ball," said Tim Cavanaugh, the mother's lawyer.
The lawsuit, which was filed Wednesday on behalf of the girl, is against Cook County Chief Probation Officer Jesus Reyes and Collier. It accuses Reyes and the probation department of being negligent.
"I'm very upset to know that a criminal predator like this is allowed, that someone can just look at him and say, 'oh, he's doing nothing, he's alright.' He is a sexual predator," the mother said.
The lawsuit is seeking unspecified damages.
ABC7 tried to contact the Cook County Adult Probation Department but have not heard back.