The Illinois Gender Violence Act

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The Illinois Gender Violence Act (IGVA) is a state law that gives people who have been hurt by gender-based violence the right to sue in civil court. This law is separate from the criminal justice system. Criminal charges can lead to jail or prison time for the offender, but the IGVA focuses on helping the victim get money damages for the harm they’ve suffered.

The law was passed in 2003 to make sure victims have a way to seek justice even if the attacker isn’t charged with a crime, or if the criminal case doesn’t result in a conviction.

What Counts as Gender-Related Violence?

Under the IGVA, gender-related violence can include:

1. Sexual assault – unwanted sexual contact or acts, including rape, groping, or forced sexual behavior.
2. Sexual abuse – repeated or coercive sexual acts, often involving someone in a position of power or trust.
3. Other violence because of someone’s gender – physical attacks done because of a person’s sex, gender identity, or gender expression.

The law doesn’t just apply to the person who committed the act. You may also be able to sue people or organizations who helped, allowed, or covered up the abuse—such as an employer, school, or other institution. In other words, if the person who violated you has no money, but was enabled by their employer, there still may be a way to recover financially for you.

Why the IGVA Matters for Victims

The IGVA is a civil law, meaning you can take action even if there’s no criminal case or the criminal case fails. You can sue for:

• Medical bills
• Therapy or counseling costs
• Lost wages or reduced earning ability
• Pain and suffering
• Emotional distress
• Punitive damages (extra money meant to punish the offender)

The law also allows victims to recover attorney’s fees, so you will not have to pay out of pocket for a lawyer to bring your case.

Here’s a real-world example: A 24-year-old woman was sexually assaulted by a co-worker at a company event. She reported it to management, but they ignored her complaint and allowed the co-worker to keep working alongside her. No criminal charges were filed. Through the IGVA, she was able to sue both the attacker and the company for failing to protect her. She recovered money for her therapy, lost wages, and emotional distress, and the company changed its policies to better protect employees in the future.

Most IGVA cases must be filed within seven years of the incident. If you were under 18 when it happened, you may have extra time. The rules can be tricky, so it’s important to talk to a lawyer as soon as possible.