April 9, 2019

Many victims of sexual harm have interactions with the criminal justice system apart from their victimization. They often find themselves as defendants. In fact, 70 to 90% of incarcerated women have been abused physically, sexually or emotionally. Experts say this frequently leads to their imprisonment because survivors’ trauma reactions and survival strategies are criminalized. It’s one of many ways the criminal justice system fails survivors. It also fails society when it’s overly punitive, unfocused on rehabilitation, and frequently incarcerating people for crimes of poverty.

Supporting survivors means pushing the criminal justice system to be fair and restorative. CAASE understands the links between sexual harm and incarceration. That’s why we support the Children’s Best Interest Act. The bipartisan bill would require courts to consider the impact of a parent’s incarceration on a child, or on elderly or ill family members if the defendant serves as a caretaker.

Studies show how adverse childhood experiences (ACEs) such as parental incarceration can impact a child’s development, and hinder them as adults with a greater likelihood of poor mental and physical health outcomes. Considering these facts, it’s important to pass this bill which allows criminal defendants to present a family impact statement during sentencing hearings. It could include testimony from family and community members, as well as other documentation. The court would also be specifically required to consider factors like:

• Whether the child is still breastfeeding
• Whether the child is school age
• Whether the parent plays a role in the educational and medical needs of a child
• How the parent contributes financially to the child’s well-being

This law would step us closer toward a system that recognizes the humanity of defendants—who are disproportionately poor people of color—and the repercussions incarceration will have on their families.

So far, the bill has passed the Illinois House with strong bipartisan support and is now waiting to move through the Senate. It is sponsored by Rep. Kelly Cassidy, and Sen. Jacqueline Y. Collins. You can encourage your senators support, too! Urge them to back HB 2444 with a quick call or email today.

Be sure to follow @theCAASE on Twitter, Facebook, and Instagram to stay up to date on advocacy actions.

This piece was authored by Hayley Forrestal. Learn more about our staff here.