Gender Violence Act.

  1. Law
  2. Illinois Compiled Statutes
  3. CIVIL LIABILITIES
  4. Gender Violence Act.

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(740 ILCS 82/1)

Sec. 1. Short title. This Act may be cited as the Gender Violence Act.

(Source: P.A. 93-416, eff. 1-1-04.)

 

(740 ILCS 82/5)

Sec. 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.

(Source: P.A. 93-416, eff. 1-1-04.)

 

(740 ILCS 82/10)

Sec. 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.

(Source: P.A. 93-416, eff. 1-1-04.)

 

(740 ILCS 82/15)

Sec. 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.

(Source: P.A. 93-416, eff. 1-1-04.)

 

(740 ILCS 82/20)

Sec. 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.

(Source: P.A. 93-416, eff. 1-1-04.)

 

(740 ILCS 82/98)

Sec. 98. Applicability. This Act applies only to causes of action accruing on or after its effective date.

(Source: P.A. 93-416, eff. 1-1-04.)


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