093_HB0536
LRB093 06702 DRJ 06836 b
1 AN ACT in relation to violence against women.
2 WHEREAS, Recent national studies demonstrate that women
3 in the United States continue to be greatly harmed by
4 gender-related violence such as domestic violence, which is
5 disproportionately visited upon women by men, and sexual
6 abuse, which harms many women and children without being
7 reported or prosecuted; and
8 WHEREAS, It is documented that existing State and federal
9 laws have not provided adequate remedies to women survivors
10 of domestic violence and sexual abuse; and
11 WHEREAS, Women survivors of domestic violence oftentimes
12 have found laws against domestic violence used against them
13 by their batterers; and
14 WHEREAS, The United States Supreme Court has ruled that
15 the states alone have the authority to grant civil relief to
16 the survivors of such sexually discriminatory violence; and
17 WHEREAS, Such acts of gender-related violence are a form
18 of sex discrimination; therefore
19 Be it enacted by the People of the State of Illinois,
20 represented in the General Assembly:
21 Section 1. Short title. This Act may be cited as the
22 Gender Violence Act.
23 Section 5. Definition. In this Act, "gender-related
24 violence", which is a form of sex discrimination, means the
25 following:
26 (1) One or more acts of violence or physical
27 aggression satisfying the elements of battery under the
28 laws of Illinois that are committed, at least in part, on
29 the basis of a person's sex, whether or not those acts
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1 have resulted in criminal charges, prosecution, or
2 conviction.
3 (2) A physical intrusion or physical invasion of a
4 sexual nature under coercive conditions satisfying the
5 elements of battery under the laws of Illinois, whether
6 or not the act or acts resulted in criminal charges,
7 prosecution, or conviction.
8 (3) A threat of an act described in item (1) or (2)
9 causing a realistic apprehension that the originator of
10 the threat will commit the act.
11 Section 10. Cause of action. Any person who has been
12 subjected to gender-related violence as defined in Section 5
13 may bring a civil action for damages, injunctive relief, or
14 other appropriate relief against a person or persons
15 perpetrating that gender-related violence. For purposes of
16 this Section, "perpetrating" means either personally
17 committing the gender-related violence or personally
18 encouraging or assisting the act or acts of gender-related
19 violence.
20 Section 15. Relief. In an action brought under this Act,
21 the court may award damages, injunctive relief, or other
22 appropriate relief. The court may award actual damages,
23 damages for emotional distress, or punitive damages. A
24 judgment may also include attorney's fees and costs.
25 Section 20. Limitation. An action under this Act must be
26 commenced within 10 years after the cause of action accrued;
27 however, if the person entitled to bring the action was a
28 minor at the time the cause of action accrued, the action
29 must be commenced within 7 years after the person reaches the
30 age of 18.
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1 Section 98. Applicability. This Act applies only to
2 causes of action accruing on or after its effective date.