(WAND) - Governor JB Pritzker signed two bills Thursday aimed at making medical and legal care for victims of sexual assault more accessible.
HB5441 amends Illinois Criminal Code to specify that someone is unable to give consent when intoxicated, even when the accused assaulter didn’t provide the substance that intoxicated them. SB3023 expands where survivors can access treatment and for how long, as well as requiring Federally Qualified Health Centers to provide medical forensic services by trained professionals.
“We cannot have a justice system that re-traumatizes those forced to utilize it,” said Governor Pritzker. “To survivors in our state: there are no words to lessen the unimaginable trauma and pain you’ve been through. I want you to know that your Governor hears you. When you speak out, our systems will respond. It is our responsibility to give you the autonomy and justice that you deserve.”
“Compassionate policy making is good government and values people and their wellbeing by putting resources and services in place that matter,” said Lt. Governor Juliana Stratton. “This legislation does that, by ensuring that there are avenues of crucial support for survivors of sexual assault seeking the justice and healing they deserve.”
The expanded definition of consent outlined under HB5441 provides that the accused abuser knew or reasonably should have known the victim was under the influence of drugs or alcohol.
The issue was brought to State Rep. Mark Walker’s (D-Chicago) attention by Kaylyn Ahn, an 18-year-old who suffered a sexual assault while inebriated and was told the case likely would not be prosecuted for that reason. Walker, whose office Ahn had previously worked in, sponsored the legislation after hearing her story. Ahn testified in front on legislators in Springfield in support of the bill.
The amendments to the Sexual Assault Survivors Emergency Treatment Act (SASETA) outlined in SB3023 are the result of recommendations made by the Sexual Assault Medical Forensic Services Implementation Task Force. SASETA governs the health care that hospitals, and now qualified health centers, are required to provide victims to of sexual assault.
This new legislation allows survivors to access care under the act for 180 days, doubling the time window and extending access to those unable to receive care in the first few months after an incident. SB3203 guarantees that a victim seeking medical treatment will have access to a trained medical forensic examiner, as well as other medical staff specifically trained to best care for victims of sexual assault.
The bill also allows victims to decline to bill their health insurance provider for the cost of emergency care if they themselves are not the primary policy holder. This allows those seeking treatment after abuse from partners or family members who share in their insurance policy to maintain confidentiality and avoid additional danger.
"I am telling my story because my pain is not an individual loss but a systemic failure of a legal system that has time and again failed to protect us,” Kaylyn Ahn said. “No matter what you were wearing, what you were drinking, or whether you were in a relationship with them, rape is never your fault. In signing this bill, we are listening to the power of survivors."
“Outdated policies unfortunately failed to protect vulnerable individuals by ensuring accountability and to support survivors with compassion and understanding of the trauma that results from one of the most horrific crimes there is,” said Rep. LaKesia Collins (D-Chicago). “These bills, which I am pleased to see Governor Pritzker sign into law, close loopholes and increase access to resources—both of which will better protect the most vulnerable Illinoisans.”
“The Illinois Coalition Against Sexual Assault applauds the passage and signing of HB 5441 and SB 3023. These important pieces of legislation affirm essential, common-sense protections and services warranted for survivors of sexual violence. HB 5441 recognizes affirmative consent as the baseline for sexual contact and helps ensure perpetrators do not escape prosecution solely because they did not personally drug a survivor before committing sexual violence. SB 3023 expands survivor access to necessary medical treatment in a timeframe that is consistent with national recommendations and provides a clearer path to navigating the complicated steps often involved with managing insurance claims and related documentation. ICASA fully supports the improved access to legal and medical services resulting from these bills,” said Carrie Ward, Chief Executive Officer, Illinois Coalition Against Sexual Assault
Copyright 2022 WAND TV. All rights reserved.
