Speaking From the Bar

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 may 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. Thirty-three 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. Sixty to 75 percent of all sexual violence are 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 penalities which takes into account the dangerousness of the accused and the vulnerability of the victim. Since 1984, sexual assault and sexual abuse are defined in terms of the defender’s behavior rather than the state of mind of the victim, making prosecution for sexual assault consistent with that of other crimes and providing for more treatment of the victims.

Criminal Sexual Assault may be proved in one of three ways:

) sexual penetration by force or the threat of force, or 2) sexual penetration and the accused knew that the victim was unable to understand the nature of the act or unable to give knowing consent. 3) Sexual penetration with a victim who was under 17 years of age when the act was committed and the accused was a family member. This is a Class 1 Felony (4 to 15 years imprisonment).

Aggravated Criminal Assault

Aggravated Criminal Assault is criminal sexual assault and any one of 5 aggravating circumstances:

) use of dangerous weapon; 2) accused caused bodily harm; 3) accused placed victim in life-endangering situation; 4) accused committed another felony elderly; 5) victim was under 13 years old. This is a Class X Felony (6_30 years mandatory imprisonment).

Criminal Sexual Abuse may be charged if the accused:

) Committed an act of sexual conduct committed by force or threat of force or 2) Committed an act of sexual conduct and victim was unable to understand the nature of the act or unable to give effective consent. This is a Class A misdemeanor (up to a year in jail).

Aggravated Criminal Abuse may be charged if the accused commited criminal sexual abuse and one of two aggravating circumstances existed: 1) Accused used a dangerous weapon or 2) Accused caused bodily harm. This is a Class 2 felony (3_7 years imprisonment or probation).

The law recognizes the complexity of intrafamilial sexual assualt 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 they 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 1) removal from the household, 2) restricted contact with the victim, 3) continued financial support of the family, 4) restitution for harm done to the victim and 5) such other measures that the court may deem appropriate.

The accused can raise the defense of consent to any charge requiring proof of force or threat of force by presenting evidence that agreement was freely given to the sexual act in question. Lack of resistance or 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 get 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, veneral disease and pregnacy. Resist the temptation to bathe, douche or change clothes before the exam—this only 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 can not 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 you obtain a perspective on the situation. Any confidence made to a counselor can not be revealed without your 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

NIU Police—753-1212

Safe Passage—756-2228

Don Henderson

Lynn Richards