OUR WORK | LEGAL

LITIGATION AND ADVOCACY: THE JUSTICE PROJECT AGAINST SEXUAL HARM

The Justice Project Against Sexual Harm (JusticePASH) provides survivors of sexual assault and exploitation with low or no cost civil legal representation, policy, and media advocacy.

JusticePASH takes the view that the fight against sexual exploitation is a critical front in the battle for social justice and equality. JusticePASH also believes that a proven method for creating social change in the United States—civil rights litigation by disempowered groups—has thus far been a radically underused tool in the fight against rape.

Incidents of sexual assault and abuse have reached epidemic proportions in Illinois, and fewer than half of all those assaulted trust the criminal system enough to even report being raped to the police. Of those rapes that are reported, only a small number of victims see the perpetrators charged, let alone successfully prosecuted. The result is a social and legal failure to deter or punish those individuals perpetrating sexual assault and it leaves their victims struggling alone to deal with the emotional and financial damages of the crimes committed against them.

How JusticePASH Assists Individual Survivors:

• We sue individual and organizational perpetrators of sexual abuse—we seek to make perpetrators pay for the damage they cause;
• We pursue litigation to prove that rape occurred—we seek to empower victims and hold perpetrators publicly accountable;
• We advocate for clients when the crimes against them are (or are not) investigated and prosecuted by police and prosecutors.
• We pressure the criminal system to better respond to rape;
• We provide free legal consultations and advice to survivors who are seeking to learn more about their rights.

We serve male and female victims of sexual violence of all ages, races, socio-economic backgrounds, abilities, sexual orientation, nationalities and immigration status.

Other Legal Projects:

Law Schools:
JusticePASH is developing collaborative relationships with local law schools to utilize law student assistance while training a new generation of attorneys in advocacy against sexual assault and exploitation.

Social Service Providers:
JusticePASH conducts trainings with rape crisis centers regarding civil rights and civil litigation against sexual abuse and exploitation and provides free legal consultations to rape crisis center staff.

Survivors have several civil legal options available to pursue under the following IL statutes:

The Illinois Gender Violence Act:
Enacted in 2004, the Gender Violence Act defines sexual assault as sex discrimination, and allows survivors to seek relief in state civil court -- whether or not criminal charges were ever brought against the perpetrators. Under the law, a perpetrator can be forced to pay punitive damages and attorney's fees to the victim, in addition to being held liable for all the other costs of their wrongdoing. The GVA has a 7-year statute of limitations, meaning that the survivor has 7 years in which to file a complaint.

The Civil No Contact Order:
This law allows victims of sexual assault to seek a stay-away order against the perpetrator. The process for obtaining a CNCO is similar to obtaining a domestic violence order of protection, except that it does not require the petitioner to have a previous relationship with the perpetrator. While monetary remedies are not available under the CNCO, survivors can use this law to make a perpetrator stand trial. A civil finding of guilt can vindicate a survivor's rights, and it can be also used against a perpetrator in other litigation.

The Predator Accountability Act:
Under this law, enacted in 2006, survivors of sexual exploitation can hold pimps, johns, and other profiteers (such as strip clubs, massage parlors, escort services) and abusers liable for the harms they cause through prostitution and other forms of sex trafficking. In most cases, the Predator Accountability Act has a 10-year statute of limitations.

Depending on our clients needs, JusticePASH uses additional civil remedies and provisions afforded by Illinois law. We also help our clients navigate the criminal legal system.