Sexual abuse is a difficult talking point for many. For victims and survivors, it unearths feelings of anger, shame, betrayal, regret, and confusion. An imperative when talking about sexual abuse is to extend our support and create an environment of understanding and nonjudgment. It takes courage and strength to divulge and recount a traumatic experience, even with loved ones and healthcare experts there to help, and more so in public spaces like in the courtroom.
The American Psychological Association (APA) defines sexual abuse as the undesired sexual activity by perpetrators using force, intimidation, and threats against victims who can’t consent. The Illinois Criminal Code of 2012 defines consent under Sec. 11-1.70 / 720 ILCS 5/11-1.70 as:
“…a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.”
In addition, the law also recognizes the authority of withdrawn consent during intercourse and other sexual conduct:
“A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.”
In the State of Illinois, sexual offenses are generally categorized into criminal sexual abuse and criminal sexual assault and its aggravated counterparts. One of the main differences between the two is that the former can be a misdemeanor in some cases while the latter is a felony in all circumstances.
State laws, through the Department of Human Services (DHS), also protect people with disabilities from sexual violence. Sexual abuse is defined by the law protecting people with intellectual disabilities (referred to as ‘individual’ in the passage) as:
“Any sexual contact or intimate physical contact between an employee and an individual, including an employee’s coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior. Sexual abuse also includes:
- an employee’s actions that result in the sending or showing of sexually explicit images to an individual via computer, cellular phone, electronic mail, portable electronic device, or other media, with or without contact with the individual; or
- an employee’s posting of sexually explicit images of an individual online or elsewhere, whether or not there is contact with the individual. Sexual abuse does not include allowing individuals to, of their volition, view movies or images of a sexual nature or read text containing sexual content unless the individual’s guardian prohibits the viewing of those movies or images or reading of that material.”
If you or someone you know has been a victim of sexual abuse, pursuing legal action is an option. While the legal process can take time, this will help hold your abuser – and institutions that have enabled the abuse – accountable. In fact, In July 2019, Gov. J.B. Pritzker signed into law the removal of the statute of limitations for major sex crimes. This includes charges for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sex abuse. Previously, prosecutors only had 10 years to charge offenders.
While there are many deterrents in filing a lawsuit, our sexual abuse attorneys here at America’s Consumer Lawyer will guide you and fight for you all the way. Rest assured maintaining your privacy and comfort and getting you the justice you deserve will be our utmost priority.
We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put people first.
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