740 ILCS 22/102
Purpose
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(740 ILCS 22/102)
Sec. 102.
Purpose.
Sexual assault is the most heinous crime against
another person short of murder. Sexual assault inflicts humiliation,
degradation, and terror
on victims. According to the FBI, a woman is raped every 6 minutes in
the United States. Rape is recognized as the most underreported crime;
estimates suggest that only one in seven rapes is reported to
authorities. Victims who do not report the crime still desire safety
and protection from future interactions with the offender. Some cases
in which the rape is reported are not prosecuted.
In these situations, the
victim should be able to seek a civil remedy requiring only that
the offender stay away from the victim.
(Source: P.A. 93-236, eff. 1-1-04.)
Notes of Decisions
Cited in 9
cases (5 in the last 5 years), 2011–2026 · leading case: People v. Deleon
People v. Deleon (2020)
“” 740 ILCS 22/102 (West 2018). Clearly, the Civil No Contact Order Act was enacted in contemplation of protection for victims who may have failed to or been fearful of reporting the crime in a timely manner, or where the State declines prosecution.”
McClellan v. Hull (2023)
“740 ILCS 22/102 (West 2020). A petition under the Act may be filed by any person who is a victim of non-consensual sexual conduct or non-consensual penetration, including a single incident of such conduct.”
J.M. v. Breseno (2011)
““ ‘Sexual penetration’ means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
JM v. Briseno (2011)
“"`Sexual penetration' means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
Kellerman v. Heckman (2022)
“740 ILCS 22/102 (West 2020). Under the Act, a petition may be filed “by a person on behalf of a minor child *** who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or -4- inaccessibility, cannot file the…”
McBride v. Peters (2020)
“740 ILCS 22/102 (West 2018). Under the Act, a petition may be filed “by any person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration.”
People v. Keenan (2024)
“” 740 ILCS 22/102 (West 2022). “ ‘Stay away’ means to refrain from both physical presence and nonphysical contact with the [victim] directly, indirectly, or through third parties who may or may not know of the order.”
Bush v. Pedigo (2021)
“740 ILCS 22/102 (West 2020). Under the Act, a petition may be filed “by any person who is a victim of non- consensual sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration.”
Louzensky v. Clinton (2026)
“” 740 ILCS 22/102 (West 2024). The Act protects sexual assault victims and their families and household members.”
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