093_SB0681
LRB093 10681 LCB 11032 b
1 AN ACT concerning gender violence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Gender Violence Act.
6 Section 5. Purpose. Acts of gender-related violence are
7 a form of sex discrimination. Existing State and federal laws
8 do not adequately prevent and remedy gender-related violence,
9 such as domestic violence, which is disproportionately
10 visited upon women by men; sexual abuse, which harms many
11 women and children without being reported or prosecuted; and
12 violence against men and women for actual or attributed
13 sexual or gender role nonconformity. Recent national studies
14 demonstrate that women in the United States continue to be
15 greatly harmed by gender-related violence. It is documented
16 that women survivors of domestic violence oftentimes have
17 found laws against domestic violence used against them by
18 their batterers and the overwhelming majority of sexual
19 assaults do not come to the attention of the criminal justice
20 system. The United States Supreme Court has ruled that the
21 states alone have the authority to grant civil relief to the
22 survivors of sexually discriminatory violence.
23 Section 10. Definitions. In this Act:
24 "Gender-related violence" is a form of sex discrimination
25 and means the following:
26 (1) One or more acts of violence or physical
27 aggression committed, at least in part, on the basis of a
28 person's sex, gender, or sexuality, satisfying the
29 elements of battery under the Criminal Code of 1961,
30 whether or not the act or acts have resulted in criminal
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1 charges, prosecution, or conviction.
2 (2) A physical intrusion or physical invasion of a
3 sexual nature under coercive conditions, satisfying the
4 elements of battery under the Criminal Code of 1961,
5 whether or not the act or acts have resulted in criminal
6 charges, prosecution, or conviction.
7 (3) A threat of an act described in item (1) or (2)
8 causing a realistic apprehension that the originator of
9 the threat will commit the act.
10 "Sex, gender, or sexuality" means, but is not limited to,
11 actual or attributed sexual orientation, gender identity, or
12 conformity or nonconformity to traditional social sex or
13 gender roles.
14 Section 15. Cause of action. Any person who has been
15 subjected to gender-related violence as defined in this Act
16 may bring a civil action for damages, injunction, or other
17 appropriate relief against any responsible party.
18 Section 20. Relief. In an action brought under this
19 Act, the court may award damages, an injunction, or other
20 appropriate relief. The court may award actual damages,
21 including damages for emotional distress, compensatory
22 damages, or punitive damages. A judgment may include
23 attorney's fees and costs.
24 Section 25. Limitation. An action under this Act must
25 be commenced within 10 years after the right to bring the
26 action first accrued, provided that, for any person who has
27 been subjected to gender-related violence who is a minor, an
28 action may commence within 10 years after the person has
29 reached the age of 18.
30 Section 30. Applicability. This Act applies only to
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1 causes of action accruing on or after the effective date of
2 this Act.