Facts about sexual assault and abuse are often dismissed because people have grown up with false beliefs about why a person is sexually violated and who is responsible for the crime.

Any person can be a victim of sexual assault or sexual abuse regardless of their age or sex. Contrary to popular belief, victims and perpetrators come from all socio-economic backgrounds, ages and races.

Most perpetrators know or are friends of their victims—33 percent of all rapes occur on dates. Statistics indicate that more than one-third of all rapes take place in the victim’s home. Sexual violence occurs not as a response to sexual desire, but when an attacker perceives that the age, situation, time or attitudes of his victim make her/him vulnerable to attack. Between 60 and 75 percent of all sexual violence is planned in advance.

The law divides sexual violence into two categories—sexual penetration and sexual conduct which involves unwanted touching or fondling. The law provides for a range of penalties, which takes into account the danger of the accused and the vulnerability of the victim.

Criminal Sexual Assault can be proven in one of three ways: 1) sexual penetration by the use of force or threat of force, or 2) sexual penetration, with the accused knowing the victim is unable to understand the nature of the act or give knowing consent, or 3) sexual penetration with a victim under 17 years of age when the act is committed and the accused is a family member. This is a Class I Felony (four to 15 years imprisonment).

Aggravated criminal assault is criminal sexual assault involving any one or more of six aggravating circumstances: 1) use of a dangerous weapon 2) the accused causing bodily harm 4) the accused committing the assault in the course of committing another felony 5) the victim is less than 13 or more than 60 years old 6) the victim is physically handicapped. This is a Class X Felony (six to 30 years mandatory imprisonment).

Criminal Sexual Abuse might be charged if the accused: 1) committed an act of sexual conduct by force or threat of force or 2) committed an act of sexual conduct and the victim is unable to understand the nature of the act or give effective consent. This is a Class A misdemeanor (up to 1 year in jail).

Aggravated criminal abuse may be charged if the accused committed criminal sexual abuse and one of two aggravating circumstances existed: 1) The accused used a dangerous weapon or 2) the accused caused great bodily harm. This is a Class 2 felony (three to seven years imprisonment or probation).

The law recognizes the complexity of intrafamilial sexual assault and the special pressures on child victims. When a family member is involved, the law provides the greatest flexibility in sentencing—including probation. The factors the court must consider in granting probation are delineated.

Probation is available only where A) the defendant is willing to undergo a court-approved counseling program for a minimum duration of two years; or B) the defendant is willing to participate in a court-approved plan including but not limited to the defendant’s removal from the household, restricted contact with the victim, continued financial support of the family, restitution for harm done to the victim and such other measures the court may deem appropriate.

The accused can raise the defense of consent to any charge requiring proof or threat of force by presenting evidence that agreement was freely given to the sexual act in question. Lack of resistance of submission by the victim resulting from the use of force or threat of force by the accused does not constitute consent.

The phrase ‘against her will’ has been eliminated. If the victim knows the offender, the law does not presume consent.

All rape victims should receive medical attention, whether or not they choose to report to the police. The Illinois Rape Victims Emergency Treatment Act provides that a hospital must treat you even if you do not have public or private medical insurance. It is the hospital’s responsibility to apply for reimbursement from the Illinois Department of Health.

The primary medical concerns are physical injuries, venereal disease and pregnancy. Resist the temptation to bathe, douche or change clothes before the exam—this destroys evidence. Preventative pregnancy medication is only effective if given within 24 hours of the assault and certain physical evidence can only be obtained within 72 hours of the attack. Hospital personnel cannot release information to area police without the victim’s explicit consent.

Sexual assault victims endure pain, humiliation, guilt and grief. Talking to a counselor can help victims obtain a perspective on the situation. Any confidences shared with a counselor cannot be revealed without the victim’s permission. If you have been raped or want more information on rape prevention, call:

Sexual Assault and Abuse Center 758-6655

Ben Gordon Mental Health Center 756-4875

Student Counseling and Development 753-1209

DeKalb Police Department 756-1421

University Police 753-1212

Safe Passage 756-2228

Don Henderson

Lynn Richards

Students’ Legal Assistance