KNOW YOUR RIGHTS
There are many laws and policies that are designed to protect victims.
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The Civil No Contact Order is a “stay away” order for survivors of sexual abuse or sexual assault. Such an order can restrict the offender from contacting or being near the victim. You do not need to have a relationship with the offender. Police report is not necessary.
An Order of Protection is available for victims who were abused by family or household members. Abuse can be domestic and/or sexual.
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For Victims of Crime: U-Visa
If you are a victim of sexual assault (or domestic violence) and are willing to comply with investigation or prosecution, you may qualify for a U-Visa. With a U-Visa, you can live and work lawfully in the U.S. for 4 years with the possibility of adjusting your status; you may also sponsor certain family members.
For Victims of Trafficking: T-Visa
If you are a victim of trafficking (including sex trafficking) and are willing to comply with investigation or prosecution, you may qualify for a T-Visa. With a T-Visa, you can live and work lawfully in the U.S. for 3 years with the possibility of adjusting your status; you may also sponsor certain family members.
For Abused Spouses of U.S. Citizen or Legal Permanent Resident: Violence Against Women Act (VAWA) Self-Petition
If the offender or the abuser is your spouse, and he or she is a U.S. Citizen or a Legal Permanent Resident, VAWA allows immigrant victims to petition for legal status in the U.S. without relying on the abusive spouses.
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Crime Victims Compensation Act
In Illinois, certain victims of violent crime can obtain up to $27,000 in financial assistance for out-of-pocket expenses resulting from the crime, including criminal sexual assault and domestic battery. For example, expenses such as medical & hospital bills or counseling expenses could be reimbursed. Other eligible expenses include, but are not limited to relocation cost and transportation to and from medical treatment facilities. To be eligible for compensation, the victim must notify law enforcement within 72 hours of the crime. However, victims of sexual assault must notify law enforcement within 7 days of the incident. The application must be filed within 2 years of the date of the crime OR within 1 year of the filing of the criminal charge, whichever is later.
Victim’s Economic Safety and Stability Act (VESSA)
Often, victims of sexual or domestic violence must take time off from work to seek help at court or hospitals. Under VESSA, employers with at least 15 employees must provide a job-guaranteed leave (unpaid) so you can seek help without worrying about losing your job. Leave time depends on the size of the employer.
Safe Homes Act
Victims of sexual or domestic violence may want to leave their rental home if they feel staying there jeopardizes their physical or emotional well-being. The Safe Homes Act allows you to end the lease early and leave the rental housing; or change the locks to keep the abuser out of the home under certain circumstances.
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Sexual Assault Survivors’ Emergency Treatment Act (SASETA)
SASETA helps cover the emergency room costs related to sexual assault if you do not have public aid or private medical insurance. You should not receive any bill for the treatment you receive. Also, you should not have to pay for 90 days of follow-up services. The hospital will seek reimbursement from the Illinois Department of Public Aid.
You should also receive information about injuries, infections, STIs, HIV, pregnancy, and emergency contraception. You will be offered the Evidence Collection Kit for investigation to which you can consent or not consent. The hospital is required to call the police, but you can decide whether you want to talk with the police. You can also receive referrals regarding counseling and advocacy.
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Crime victims have many important rights in Illinois. For example, victims have the right to be treated with fairness and respect throughout the criminal justice process. They have the right to be notified about the following:
Date, time, and place of the criminal trial
All court proceedings, including cancellation of such proceedings
Information on social service, financial assistance, and employer intervention
Release of the defendant and final case disposition, etc.
They also have the right to participate in prosecution by:
Being present at court proceedings
Having an interpreter present at all court proceedings
Bringing an advocate or support person
Securing a waiting area during court proceedings, if possible, etc.
Domestic violence and sexual assault are never just a women’s issue. It’s a human and social issue affecting men, women, children, victims, their families, friends, our communities, and everyone.