September 5, 2018

Over the past few weeks, Governor Rauner has signed several bills into law that will have a positive impact on the safety, well-being, and dignity of survivors of sexual harm in our state. Three in particular stand out:

1. Police Can No Longer Claim “Consensual” Sexual Contact with Someone in Custody: Custodial Sexual Misconduct – HB5597 is effective immediately

Police commonly interact with vulnerable citizens, be they victims, suspects, witnesses, or people on probation. The power dynamics at play are undeniable. This law recognizes that imbalance by making clear it’s never appropriate for an officer to engage in sexual contact with someone who is in custody or detained. The law bars police from claiming such contact was consensual, a common defense in rape and sexual abuse cases – including those involving officers and people in custody. It is a step in the right direction toward addressing the systemic abuse of power by law enforcement officers.

We thank Representative Juliana Stratton for introducing this legislation and Senator Toi W. Hutchinson for serving as the Chief Senate Sponsor.

2. Victims of Trafficking Can Seal Court Records – a tool for moving past their abuse and exploitation – HB5494 is effective immediately

Traffickers commonly force those they exploit to commit crimes, leaving victims with lengthy criminal records. These records and stigma relating to their criminal history follow survivors long after they are able to leave abusive circumstances, barring them from education, employment, and volunteer opportunities. This law creates a petition process to immediately seal criminal records, helping survivors move beyond a traumatic past towards the life they envision for themselves.

We thank Representative Ann M. Williams for introducing this legislation and Senator Toi W. Hutchinson for serving as the Chief Senate Sponsor.

3. Survivors Will Receive Medical Treatment from Specially Trained Professionals: SASETA Amendments – HB5245 will be fully effective in 2022

Currently, a victim’s experience in seeking medical treatment after sexual violation can be drastically different depending on which hospital they go to and who is working at the time. That’s because many emergency rooms do not have staff trained to treat patients with sexual trauma or to collect evidence (a “rape kit”). While comprehensive training to become a Sexual Assault Nurse Examiner (SANE) has been available at no cost for years, most hospitals haven’t supported staff seeking certification. Medical professionals regularly spend their own time and money, often dipping into PTO, to travel to and attend training programs.

SASETA’s amendments address these issues and more. They will require any hospital identifying as a ‘sexual assault treatment facility’ to have SANEs on call 24/7. The amendments also allow survivors under the age of 13 to be treated at approved pediatric clinics – environments that may be less intimidating and more comfortable for children.

These requirements, which are fully effective in 2022, should improve survivor’s experiences in the ER, expand medical personnel expertise in treating sexual trauma, and improve the evidence collected in these cases for increased successful prosecutions.

We thank Representative Michael D. Unes for introducing this legislation and Senator Julie A. Morrison for serving as the Chief Senate Sponsor. We also thank Attorney General Lisa Madigan for championing these amendments.

CAASE celebrates the signing of these bills into law and praises the hard work of the legislatures that passed them.

This piece was authored by Hayley Forrestal. Learn more about our staff here.