Public Act 093-0416
Public Act 93-0416 of the 93rd General Assembly
Public Act 93-0416
HB0536 Enrolled LRB093 06702 DRJ 06836 b
AN ACT in relation to violence against women.
WHEREAS, Recent national studies demonstrate that women
in the United States continue to be greatly harmed by
gender-related violence such as domestic violence, which is
disproportionately visited upon women by men, and sexual
abuse, which harms many women and children without being
reported or prosecuted; and
WHEREAS, It is documented that existing State and federal
laws have not provided adequate remedies to women survivors
of domestic violence and sexual abuse; and
WHEREAS, Women survivors of domestic violence oftentimes
have found laws against domestic violence used against them
by their batterers; and
WHEREAS, The United States Supreme Court has ruled that
the states alone have the authority to grant civil relief to
the survivors of such sexually discriminatory violence; and
WHEREAS, Such acts of gender-related violence are a form
of sex discrimination; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Gender Violence Act.
Section 5. Definition. In this Act, "gender-related
violence", which is a form of sex discrimination, means the
following:
(1) One or more acts of violence or physical
aggression satisfying the elements of battery under the
laws of Illinois that are committed, at least in part, on
the basis of a person's sex, whether or not those acts
have resulted in criminal charges, prosecution, or
conviction.
(2) A physical intrusion or physical invasion of a
sexual nature under coercive conditions satisfying the
elements of battery under the laws of Illinois, whether
or not the act or acts resulted in criminal charges,
prosecution, or conviction.
(3) A threat of an act described in item (1) or (2)
causing a realistic apprehension that the originator of
the threat will commit the act.
Section 10. Cause of action. Any person who has been
subjected to gender-related violence as defined in Section 5
may bring a civil action for damages, injunctive relief, or
other appropriate relief against a person or persons
perpetrating that gender-related violence. For purposes of
this Section, "perpetrating" means either personally
committing the gender-related violence or personally
encouraging or assisting the act or acts of gender-related
violence.
Section 15. Relief. In an action brought under this Act,
the court may award damages, injunctive relief, or other
appropriate relief. The court may award actual damages,
damages for emotional distress, or punitive damages. A
judgment may also include attorney's fees and costs.
Section 20. Limitation. An action based on
gender-related violence as defined in paragraph (1) or (2) of
Section 5 must be commenced within 7 years after the cause of
action accrued, except that if the person entitled to bring
the action was a minor at the time the cause of action
accrued, the action must be commenced within 7 years after
the person reaches the age of 18. An action based on
gender-related violence as defined in paragraph (3) of
Section 5 must be commenced within 2 years after the cause of
action accrued, except that if the person entitled to bring
the action was a minor at the time the cause of action
accrued, the action must be commenced within 2 years after
the person reaches the age of 18.
Section 98. Applicability. This Act applies only to
causes of action accruing on or after its effective date.
Effective Date: 01/01/04
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