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Illinois extends statute of limitations for rape victims who are
threatened
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[September 13, 2007]
SPRINGFIELD -- Gov. Rod R.
Blagojevich signed legislation Monday that gives sexual assault
and rape victims more time to file civil lawsuits against the
perpetrator. House Bill 1462 suspends the current two-year statute
of limitations in the state of Illinois if the victim is threatened,
intimidated or manipulated by the perpetrator or another person
acting in the perpetrator's interest.
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 "Rape victims should have all the time they need under the law to
bring civil charges against their attackers and to seek justice and
compensation. And just as importantly, this law will help deter
perpetrators from harassing their victims to keep them from bringing
a civil suit," said Blagojevich.
House Bill 1462, sponsored by state Rep. Careen Gordon, D-Coal
City, and state Sen. Mattie Hunter, D-Chicago, is loosely based on
an existing state law protecting child victims of sexual assault by
suspending the statute of limitations when the child is threatened
or intimidated by the perpetrator.
"Intimidation and like behavior is all too common in rape cases,
and we feel that this new law is a step in the right direction that
will help victims get relief through the court system," said Lyn
Schollett, general counsel for the Illinois Coalition Against Sexual
Assault.
The legislation, an initiative of the Illinois Coalition Against
Sexual Assault, is in response to the case of a rape victim who was
unable to come forward for nearly two decades after her alleged
rapist threatened her life. Although she lost her lawsuit, she
argued that her diagnosis of Graves' disease in 2003, which her
doctor attributed to rape trauma, reset the two-year statute of
limitations for civil relief. According to the coalition, this case
is a tangible example showing that the current law does not work for
sexual assault and rape victims.
Proponents of the new law, including Northwest Center for Sexual
Assault, Call for Help Inc., and Sexual Assault and Family
Emergencies, hope the bill will deter perpetrators from harassing
victims to keep them from filing suit. The law only applies to cases
arising on or after the effective date or for which the limitation
period has not expired.
The legislation becomes effective Jan. 1, 2008.
[Text from file received from
the
Illinois Office of
Communication and Information] |
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