Personal injury lawsuits in Chicago and elsewhere are called "adversarial" for a reason: Regardless of which party ultimately prevails, each party's Illinois injury attorney has the duty to advocate for his client in order to win the case.
But rape and sexual abuse victims often feel victimized once more when forced to answer for their sexual history, sometimes deciding not to report the crime, according to the National Center for Victims of Crime (NCVC). The same could be said about civil suits seeking damages for battery or assault on rape or sexual abuse allegations.
A FAQ section provided by the NCVC discusses so-called "rape shield laws" that limit such potentially humiliating defense tactics. A new Illinois law that took effect on Jan. 1 essentially does just that.
The new law, 735 ILCS 5/8-2801, protects sexual abuse victims and their Illinois injury lawyers from having to defend against evidence of sexual activity prior to the alleged act of abuse.
The statute is written quite clearly and specifically addresses civil cases:
(a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsection (b) and (c):
(1) evidence offered to prove that any victim engaged in other sexual behavior; or
(2) evidence to prove any victim's sexual predisposition.
In other words, attorneys on both sides must not introduce evidence of an alleged victim's sexual activity unless it directly relates to the matter at hand. So specific evidence proving that someone other than the accused was responsible for the act or specific evidence that proves consent by the alleged victim is allowed.
Related Resources:
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Evidence: The Concept of "Admissibility" (FindLaw)
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Directory of Chicago Injury Lawyers (FindLaw)
