Illinois has recently witnessed a major legislative victory for survivors of childhood sexual abuse. On Wednesday, the Illinois Senate unanimously passed House Bill 222 (HB222), a bill that brings much-needed legal protections to victims seeking justice in civil lawsuits. The bill, which is now heading to the governor’s desk for approval, ensures that survivors can pursue their claims without fear of being blamed for the abuse they suffered.
The Story Behind HB222
The journey to HB222 began with a harrowing lawsuit brought forward in 2019 by a survivor of childhood sexual abuse. The survivor, who was represented by Carolyn Daley of Power Rogers, had been groomed and sexually abused by a high school teacher within the Chicago Public Schools (CPS) system. During the course of the lawsuit, the survivor was faced with victim blaming and attempts to diminish the trauma and emotional harm resulting from the abuse. This included arguments by CPS that the abuse was consensual and testimony by a CPS-retained expert, who claimed that not all sexual abuse or assault is traumatic.
In response to these claims, lawmakers enacted HB222 to protect survivors from being re-victimized within the legal system. The bill amends the Code of Civil Procedure to prohibit any contributory fault from being attributed to plaintiffs in cases involving childhood sexual abuse.
What Does HB222 Change in Civil Cases?
The changes brought by HB222 will have a profound impact on civil cases moving forward. Under the new legislation, once a plaintiff proves by a preponderance of the evidence that they were a victim of childhood sexual abuse, that abuse is automatically deemed harmful and traumatic. This means that defendants can no longer argue that the abuse was consensual or that the plaintiff shares fault for the trauma they experienced. The bill creates a specific article in the Code of Civil Procedure, the “Sexual Abuse Per Se Harmful” Article, ensuring that sexual abuse cases are treated with the seriousness and gravity they deserve.
The Societal Impact of HB222
The passage of HB222 is not only a moment of profound relief and triumph for childhood sexual abuse survivors but also a powerful message to society. It demonstrates that Illinois recognizes the unique trauma that childhood sexual abuse causes and stands firmly behind the victims. By ensuring that the legal system treats survivors with dignity and respect, the state is helping to change the culture surrounding sexual abuse, making it clear that survivors’ voices matter.
Power Rogers Fights For Survivors of Abuse
Carolyn Daley of Power Rogers was honored to represent this brave survivor who came forward, told her story, and pursued a case against CPS. Due to CPS’ actions during the case, the legislature in Illinois saw the need for HB222 to protect future victims from these types of arguments in civil cases. Our client’s case, fought fiercely by Carolyn Daley, was instrumental in raising awareness about the need for this bill. Thanks to the support of passionate advocates including Illinois State Representative Curtis Tarver, who spoke powerfully about the case on the House floor, and the impactful reporting of Irika Sargent of CBS, our client’s voice was finally heard.
HB222 represents a significant win for survivors of childhood sexual abuse in Illinois, but the work doesn’t stop here. If you or someone you know has been a victim of childhood sexual abuse, it’s important to understand your legal rights. Contact Power Rogers today, and together, we can work to ensure that your voice is heard and that justice is served.
