Illinois's Cutting-Edge Law for Victims of Gender-Motivated Violence Against Their Abusers

Anticipating the Supreme Court’s decision to strike down as unconstitutional the federal Violence Against Women Act (VAWA) civil rights remedy, advocates in Illinois lobbied legislators in Springfield last spring to pass a cutting-edge law that will give victims of gender-motivated violence a civil cause of action against their abusers. The Illinois Gender Violence Act (GVA), House Bill 4407, sponsored by Reps. Sara Feigenholtz (D-Chicago) and Rosemary Mulligan (R-Des Plaines) and Sen. Lisa Madigan (D-Chicago), will protect Illinois residents from gender-motivated violence. The bill enjoys the full support of Gov. George Ryan, who wants to see abusers pay victims money damages for their dangerous and harmful acts.

Modeled on the VAWA civil rights remedy, the Illinois GVA goes farther than the now overturned federal law by protecting against threats of violence or sexual assault. The Illinois bill is also unique because it protects gay men and women, as well as transgendered people, who are targeted for abuse because they do not conform to what are often considered traditional male and female sex roles.

Why the Illinois Gender Violence Act Is Needed

The Illinois Gender Violence Act establishes that gender motivated violence is a form of sex discrimination. The Illinois bill gives victims of gender-motivated crimes, including victims of same-sex domestic violence not protected by existing laws, additional legal protection. Specifically the GVA will enable victims of gender-motivated crimes to recover financial damages from their abusers.

While the Illinois Hate Crimes Law protects domestic violence, sexual assault, and gay-bashing victims, we know of no cases in which a woman has claimed that someone committed a hate crime against her because of her gender. Domestic violence and date-rape survivors who know their attackers may be less likely to see themselves as the victim of a "hate crime."

Whom the Illinois Gender Violence Act Will Help

The Gender Violence Act protects victims of violence or physical aggression on the basis of sex, gender, or sexuality, even if the acts do not result in criminal charges, prosecution, or conviction. The GVA also protects against threats of domestic violence or sexual assault; it gives victims a new tool to stop abusers in their tracks, before they cause actual physical harm.

While advocates can appreciate the need for strong laws to protect the women and men of Illinois from violent crimes because of their sex, gender, or sexuality, critics of the proposed law are asking why it is needed. One way to convince lawmakers of the importance of the Gender Violence Act is to show them whom the law will benefit. Although the Gender Violence Act will not cover every situation, the following examples highlight how it aims to benefit victims of gender-motivated violence.

Domestic Violence Victims

The financial toll that abusers exact from their victims is too often ignored. The Gender Violence Act will help level the playing field between domestic violence survivors and their batterers by forcing abusers to pay for the harm that they cause. For many victims, this financial compensation will make it possible to leave abusers who often control access to the couple’s resources. In particular, the GVA makes it possible for domestic violence survivors to recover damages to compensate for lost wages, out-of-pocket medical or therapy expenses, and the time and money that many victims spend recovering from abuse. The GVA also allows judges to impose punitive damages as a way to punish batterers and to order abusers to pay their victims’ attorney fees.

While a GVA action may be filed independently from any other legal claim, it will be especially helpful for domestic violence victims who are divorcing their abusers. They will be able to add a civil tort claim for money damages to their divorce action. Survivors of domestic violence who are not divorcing their abusers can also take advantage of the law by filing a GVA claim when they go to court for an order of protection or by filing an independent GVA action.

Same-Sex Domestic Violence Victims

While the Illinois Hate Crimes Law makes it a crime to perpetrate acts of violence against gay men and women because of their sexual orientation, it does not address the problem of same-sex intimate partner violence, where the attacker is not clearly motivated by the victim’s gender or sexual orientation. This means that a gay man who is attacked by strangers simply because he is gay may sue his abusers, but a gay man whose intimate partner attacks him may not. The Gender Violence Act is needed to close this gap in the law by extending legal protection to victims of interpersonal violence in same-sex relationships.

Sexual Assault and Harassment Victims

The GVA adds much-needed relief for sexual assault survivors. Consider the case of a student pressured into having sex with a teacher who threatens to fail the student if she refuses his advances. Under existing sexual harassment law, the student may not sue the harasser directly, nor may she sue the school unless the school administration knew about the teacher’s misconduct and deliberately ignored the situation. The Illinois Gender Violence Act allows the student in this situation to sue the teacher directly.

The GVA also protects date-rape victims who do not take advantage of the Illinois Hate Crimes Law because they do not think of the boyfriend or acquaintance who raped them as committing a "hate crime."

Next Steps

Illinois is poised to be the first state to pass legislation to replace the federal VAWA civil rights remedy. The National Center on Poverty Law is collecting stories from victims who have suffered from domestic violence, same-sex domestic violence, sexual assault, or gay bashings and whose attackers have not been prosecuted or victims who would like to bring a civil suit for money damages but have not done so under existing laws. If you or someone you know could benefit from the Gender Violence Act, please contact Wendy Pollack, National Center on Poverty Law, 312.263.3830 ext. 238, or wendypollack@povertylaw.org.

On the National Front

Efforts are also under way nationally to get Congress to reauthorize funding for the Violence Against Women Act’s general provisions, which are scheduled to expire on October 1. Contact your representatives in Congress and urge them to support the VAWA reauthorization bills, H.R. 1248 and S. 2787. For VAWA reauthorization bill summaries and direct links to your senators and representatives, visit www.stopfamilyviolence.org. Thank you.

A special thanks to Aleeza Strubel, a summer intern at the National Center on Poverty Law, for her work on this and the July 25, 2000, issues of WomanView covering VAWA and the Gender Violence Act.