New Illinois legal guidelines shield sexual assault survivors

New Illinois legal guidelines shield sexual assault survivors

SPRINGFIELD (WGEM) – Many survivors of sexual assault face challenges after they attempt to obtain remedy and authorized help after they’re abused. Gov. JB Pritzker signed two payments into regulation Thursday to assist tackle a few of these obstacles for survivors.

One of many legal guidelines adjustments the state’s legal code by stating persons are unable to offer consent whereas they’re intoxicated, even when the accused assaulted didn’t present the substance to them. It additionally clarifies that the abuser knew or ought to have fairly identified that the sufferer was beneath the affect of medicine or alcohol.

This alteration is private for Kaylyn Ahn, who was raped whereas she was voluntarily intoxicated on July 16, 2021. Ahn mentioned the boy she was seeing at the moment knew she wasn’t capable of consent however nonetheless assaulted her at the back of his father’s automobile.

“I blamed myself each single day,” Ahn mentioned. “I assumed it was my fault. I assumed I didn’t should name it rape.”

Ahn determined she felt snug coming ahead to report the incident to the police three months later. Sadly, Ahn came upon regulation enforcement wouldn’t examine her case as a result of it didn’t qualify as rape beneath Illinois state regulation. An officer instructed her there was “completely no approach” a prosecutor would take the case. That officer additionally instructed Ahn that she ought to attempt to not let it occur once more and transfer on.

“I’m one in hundreds of survivors who’ve been denied security, safety, or justice by the authorized system,” Ahn mentioned. “I’m telling my story as a result of my ache isn’t a person loss however a systemic failure of a authorized system that has time and time once more failed to guard us.”

Ahn was an 18-year-old employees member for Rep. Mark Walker (D-Chicago) when the state of affairs performed out. She instructed him one thing wanted to be achieved to handle the loophole and Walker sponsored Home Invoice 5441 to make sure survivors might search justice to the fullest extent of the regulation.

Invoice signing ceremonies are often celebratory events with smiles and hugs between lawmakers and advocates. With the seriousness of the laws signed Thursday, you can see many individuals holding again tears and honoring the braveness of Ahn stepping up for change.

“We’re going to assist them search justice because of this regulation,” Pritzker mentioned. “We’re additionally sending a message to anybody on the market who thinks that this a criminal offense that they will perpetrate and never get caught or prosecuted for in addition to regulation enforcement that now the instruments exist for individuals to be caught and prosecuted.”

The opposite proposal signed into regulation Thursday permits survivors to obtain medical take care of 180 days after an assault as a substitute of the present window of 90 days. It additionally ensures that survivors searching for remedy see a medical forensic examiner and different trauma-informed employees skilled to take care of survivors.

Underneath Senate Invoice 3023, survivors can even decline to invoice their medical insurance supplier for the emergency care they obtain if they don’t seem to be the first policyholder. Sponsors say this variation can assist individuals who might share medical insurance with an abusive companion or member of the family. Rep. Kelly Cassidy (D-Chicago) has lengthy advocated for survivors and have become emotional watching Ahn inform her story.

“Each time we result in change to our legal guidelines, it represents somebody who was failed by our legal guidelines,” mentioned Rep. Kelly Cassidy (D-Chicago). “It represents a hard-learned lesson for somebody. And fairly often, they’re anonymous and faceless as a result of it’s a prosecutor who identified an issue or a doctor who identified an issue.”

Cassidy thanked Ahn and all survivors who’ve come ahead pushing for change to assist others.

The Illinois Coalition In opposition to Sexual Assault celebrated the signing of each payments and famous they affirm important, common sense protections and providers for survivors. CEO Carrie Ward mentioned affirmative consent is a baseline for sexual contact and addressing the loophole will guarantee perpetrators can’t escape prosecution.

“Senate Invoice 3023 expands survivor entry to essential medical remedy in a timeframe that’s in keeping with nationwide suggestions and offers a clearer path to navigating the difficult steps usually concerned with managing insurance coverage claims and associated documentation,” Ward mentioned.

Each legal guidelines took impact instantly.

Copyright 2022 WGEM. All rights reserved.

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