2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 82/ Gender Violence Act.
(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.)
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(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 |
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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.
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(2) A physical intrusion or physical invasion of a
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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.
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(3) A threat of an act described in item (1) or (2)
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causing a realistic apprehension that the originator of the threat will commit the act.
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(Source: P.A. 93‑416, eff. 1‑1‑04.)
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(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.)
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(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.)
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(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.)
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(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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