Blog Assignment 3- Sexual Assualt in Illinois

Total Population (2011): 12,869,257
Forcible Rapes Reported: 3,708

Statute of Limitations:
Illinois has plenty of legislation regarding the statute of limitations for sexual offenses. For the most part, the statute of limitations is 3 years for felonies and 18 months for misdomeanors. However, in offenses involving minors, the statute of limitations can extend to 10 years after the offense. The most important factor in determining the length of the statute of limitations is victim age and whether or not the crime was reported to the police. In cases with extended statute of limitations, the crime must be reported to the authorities within 3 years of happening. The state also has a special provision for cases involving DNA evidence. Specifically, there is no statuate of limitations if the victim is murderd during the course of the sexual offense.

720 Ill. Comp. Stat. § 5/3-5 General limitations

(b) For all felonies, within 3 years after commission of the offense

(b) For all misdemeanors, within 18 months after commission of the offense

720 Ill. Comp. Stat. § 5/3-6 Extended limitations

• (d) A prosecution for indecent solicitation of a child or exploitation of a child may be commenced within 1 year of the victim attaining the age of 18 years. However, in no case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
• (e) Except as otherwise provided in (j), for any offense involving sexual conduct or sexual penetration where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within 1 year after the discovery by the victim.
• (i) Except as otherwise provided in (j), for the following offenses, within 10 years after commission of the offense, so long as victim reported the offense to law enforcement authorities within 3 years after commission of the offense:
  • Criminal sexual assault (§ 5/11-1.20)
  • Aggravated criminal sexual assault (§ 5/11-1.30)
  • Aggravated criminal sexual abuse (§ 5/11-1.60)
• (j) For the following offenses when victim was under 18 at the time of commission of the offense, within 20 years after child victimattains the age of 18:
• Criminal sexual assault (§ 5/11-1.20)
• Aggravated criminal sexual assault (§ 5/11-1.30)
• Predatory criminal sexual assault of a child (§ 5/11.1.40)
• Aggravated criminal sexual abuse (§ 5/11-1.60)
• Felony criminal sexual abuse (§ 5/11-1.50)

720 Ill. Comp. Stat. § 5/3-5 General limitations

• (a) (2) No limit for any offense involving sexual conduct or sexual penetration in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after commission of the offense and the identity of the offender is unknown after a diligent investigation by law enforcement authorities; applies if:
  • Victim reported the offense to law enforcement authorities within 3 years after commission of the offense unless a longer period for reporting the offense is provided in § 5/3-6, or
  • Victim is murdered during the course of the offense or within 2 years after commission of the offense

Illinois Law Regarding Rape
Illinois defines criminal sexual assault as: Committing an act of sexual penetration under the threat of violence/force, or if the victim is unable to provide consent or understand the nature of the act. Criminal sexual assault also occcurs when the victim is between the ages of 13-18 when the offense occured and the offender was 17 or older and in a position of power over the victim. Criminal sexual assault is a class 1 felony. Statuatory rape occurs when the accused is over the age of 17 and the victim is between the ages of 13. In 2003 Illinois became the first state to pass a law allowing for anyone to withdraw consent at any time. If either party says "No" or "Stop" at any time, the other person must stop or the activity becomes forcible rape.

In The News
In a recent case, a man was convicted of two counts of aggravated sexual assault  and sentenced to serve 30 years. The man, Jamal Patrick Jones Jr, was convicted of sexually assualting a 19 year old Southern Illinois University student. The conviction was announced in October of 2012.
http://thesouthern.com/news/local/jones-sentenced-to-years-for-rape/article_ced4072c-1427-11e2-beff-001a4bcf887a.html

In The Media
Date Rape by Sublime is a pretty well known song addressing rape. The song follows a girl who is date raped and the following trial and conviction. The song is important because it does a lot to address the issue of date rape and the idea of it "being the girls fault."  http://www.youtube.com/watch?v=OljUFBypUgk


This piece of media is from the UK and addresses rape within teen relationships, an issue that I think is really overlooked. The goal of the PSA is to raise awarness for dating violence, something that a lot of teens tend to overlook or quickly dismiss. http://www.huffingtonpost.com/2012/03/07/teen-rape-psa-controversi_n_1326490.html