1. CIVIL NO CONTACT ORDER FOR RAPE VICTIMS
740 ILCS 22/101, et seq.
Eff. Jan 1, 2004
Amended by HB 3918, eff. Jan 1, 2010

2. Legalese – Plausible Deniability
This project was supported by Grant No WEAX-0039 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, Findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

3. How often is a woman raped in America ?10
Once every 6 weeks
Once every 6 days
Once every 6 minutes

4. What they say
FBI statistics show a women is raped every 6 minutes in US.
Rape is the most heinous crime against another person short of murder.
Victims who do not report the crime still desire safety and protection from future interactions with the offender.
The victim should be able to seek a civil remedy requiring only that the offender stay away from the victim.
740 ILCS 22/102

5. Purpose of presentation
Consider the importance of an underutilized tool.

6. How many times have you petitioned /prosecuted a CNCO ?10
Never
1-5
Over 5

7. Fact Pattern
Sue rents an apartment in a new town, meets Dirk at a local bar, 30 days later they get married and Dirk moves in.
Sue’s family lives 75 miles away.
After 2 weeks of marital bliss, Dirk tells Sue that he fantasizes about a threesome with Sue and another man.
Sue tells Dirk no longer into group sex.
1 week later Sue shows up to work tells co- worker that night before Dirk invited his friend Bill over, that Dirk dragged her into their bedroom and held her down while Bill raped her.
It was the first time Sue ever met Bill.

8. Prior to 2004
If charges not immediately filed how could Sue seek protection against Bill the rapist?
How can Sue seek protection from her husband Dirk?

9. After 2004 –Who’s Protected?
Any victim of non-consensual sexual assault or sexual penetration.
Any person on behalf of a minor child or adult victim with disabilities.
740 ILCS 22/201
As of 1/1/10 protects family/household members and employees or volunteers at a rape crises center who are assisting the victim.

10. Who can be a named Respondent?
Strangers Neighbors Co-workers Employers Mom’s boyfriend Friends, classmates Caretakers Not limited to family or household relationships

11. Is Force an element to be Proven ?
Yes No 10

12. Definitions Based on Criminal Sexual Assault
Sexual penetration-
any contact, however slight
between the sex organ or anus of one person by any object, the sex organ, mouth or anus of another person or
any intrusion, however slight, of any part of the body of another person…
Evidence of emission of semen is not required to prove sexual penetration.

13. Or Criminal Sexual Abuse
Sexual Conduct –
intentional or knowing touching or fondling by victim or accused
either directly or through clothing of
-the sex organs, anus, or breast of the victim or accused or
-any part of a child under 13 or
-transfer of semen from accused onto body or clothing of victim.
Need not prove force or threat of force – simply
nonconsensual ILCS 22/103

14. How do you start? File in any civil court.
May be in conjunction with criminal prosecution.
May be in conjunction with Juvenile case.
May be an independent action.
No filing fees.
Clerk shall provide forms or click legal issues or click forms.
Not for issues of child support, custody, property disputes etc.
740 ILCS 22/202

15. What did he do?
Must allege victim has been the victim of non consensual sexual conduct or sexual penetration.
Pleading must be verified or accompanied by affidavit.
Victim’s address may be omitted and alternative address can be designated for notice.
740 ILCS 22/203

16. Risks Involved
Filing a petition does not waive any privileges including medical or mental health privileges and the rape crises center privilege.
740 ILCS Clarification Eff. 1/1/10
Would subject Petitioner to cross- examination.

17. Benefits Obviously provides some protection. May buy time.
May allow you to gauge the strength of your case.

18. Show me the evidence
Code of Civil Procedure and Supreme Court and local rules apply.
Proof by a preponderance of the evidence.
Rape crisis advocates shall be allowed to accompany and confer with victim.
740 ILCS 22/204

19. Trial by Jury
No right to trial by jury.
740 ILCS 22/204.5

20. Where should the petition be filed?10
County where rape occurred
County where Defendant Resides
County Where victim lives
Depends

21. VENUE County where sexual conduct or sexual penetration occurred
County where respondent resides
County where victim resides
740 ILCS 22/207

22. Should respondent be able to bring up Sue’s ex-group sex?10
Yes No

23. What about Sue’s Statement
New 735 ILCS 5/8-2801, applies to all civil proceedings.
Generally prior sexual activity or reputation inadmissible, exceptions require offer of proof.

24. What Protection are we looking for?
Order respondent to stay away from Petitioner.
Other injunctive relief as necessary.
As of 1/1/2010
-No third party contact.
-No contact with residence, school, daycare or other specified location.
-Protects property and animals.
740 ILCS 22/213

25. What about Dirk? Adds in respondents who intentionally aid and abet
740 ILCS 22/213.7 Eff. 1/01/2010

26. How long will Sue be protected?
Emergency day order
Must establish
1. Jurisdiction
2. It happened by preponderance of Evidence
3. Good cause is shown to excuse prior notice, i.e., increase risk of harm.
740 ILCS 22/214

27. Be Aware Reopening Emergency Orders by respondent.
Upon 2 days notice to petitioner, respondent may appear for rehearing.
Must verify and allege:
1. No Notice
2. Meritorious Defense
740 ILCS 22/218.5

28. Plenary Orders
Plenary order last for up to 2 years or if filed in conjunction with criminal case until termination of case not to exceed two years.
740 ILCS 22/216

29. Contents of Order
Name of victim - as of 1/1/10 names of other protected parties.
Type of order Emergency v. Plenary.
Penalties: Class A for 1st offense, Class 4 for 2nd or subsequent.
740 ILCS 22/217
Enforceable in all 50 states pursuant to the Violence Against Women Act (18 U.S.C 2265)

30. Additional Facts: Sue is Bi-Polar and unstable
What can we do to Protect Sue?
If the court finds that testimony by the petitioner in the courtroom may result in serious emotional distress to the petitioner, the court may order that the examination of the petitioner be conducted in chambers.
Does not mean Respondent is excluded, may want to simply ask the court to clear courtroom of all nonparties ILCS 215.5

31. Enforcement New section effective 1/1/2010 - 740 ILCS 22/220
Through both criminal charges and civil contempt proceedings
Courts may issue body attachment without prior service of petition for rule to show cause if there is evidence of immediate danger or evidence that respondent likely to flee.
The court should impose a minimum 24 hour imprisonment for 1st violation and 48 hour imprisonment for second or subsequent violation.
File Criminal Charges pursuant to 740 ILCS 22/219

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33. Violence Against Women Unit
Patrick L. Hahn
Assistant Appellate Prosecutor
Illinois State’s Attorneys Appellate Prosecutor
725 South Second St.
Springfield, IL 62704