Sexual Assault is a crime about power and control. Regardless of the actions of the survivor, it is not their fault.
There are many different forms of sexual assault and no case is the same. Some forms include unwanted sexual touching, attempting or forcing of sexual acts such as oral sex, and attempted, forced, or coerced sexual penetration (also known as rape).
More than 80 percent of sexual assaults are committed by an acquaintance, someone the survivor knows. Prior dating or sexual relationships, and even marriage, do not make nonconsensual sexual contact or penetration okay. You are not alone. Learn more about acquaintance rape at the Illinois Coaltion Against Sexual Assault.
- Sexual assault is a serious crime, and the Cook County State’s Attorney’s Office (CCSAO) is committed to addressing sexual assault in a complete, fair, trauma-informed, and survivor-centered way. The CCSAO Sexual Assault Dashboard is a tool created by the CCSAO Data Team to provide context and explanation of felony sexual assault data.
What to do if you’ve been sexually assaulted
You have several options, but it is important to know you are not alone and the assault was not your fault. If you are in danger or seriously injured, call 911, if it is safe to do so. Free and confidential services are available at all Illinois rape crisis centers or call the Chicago Rape Crisis Hotline at (888) 293-2080 and an advocate will be able to assist you and explain your options. You may file a police report by calling 911 or going into your nearest police station. While it is not uncommon for survivors to delay in reporting a sexual assault to the police or medical staff, the best opportunity to investigate and collect evidence is closer in time to the assault whenever possible.
After a sexual assault, you may want to consider seeking medical attention. Outpatient medical treatment related to a sexual assault is free of charge in the State of Illinois, including follow-up medical care for 90 days. Emergency rooms in Illinois either provide medical forensic exams or will transfer you to the nearest hospital that does. Call your local rape crisis center for more information.
Law enforcement not will ask for immigration status when a sexual assault is reported.
Survivors with developmental disabilities
Adult survivors with developmental disabilities are vulnerable to sexual abuse. These survivors should be referred to one of the six Cook County Children Advocacy Centers (CACs) by law enforcement for a recorded forensic interview.
To report suspected sexual abuse, contact Adult Protective Services with the Illinois Department of Aging at their 24 hour hotline at 1-866-800-1409.
Sexual assault is not specific to one gender, identity, or orientation
Sexual assault is a crime that crosses all intersections of all identities.
- Approximately nine percent of all sexual assaults involve a male survivor, most often another man is the offender. It is understood that men report sexual assault at an even lower rate than women.
- Many people within the LGBTQ+ community are at higher risk of sexual assault, especially transgender women of color.
Resources for LGBTQ+ and male identifying survivors
When someone tells you they’ve been sexually assaulted
Remain calm, be supportive and non-judgemental when listening to a survivor tell their story. Do not pressure an adult survivor into doing anything they do not want to do, including reporting to the police. If a child discloses sexual abuse, call the Department of Child and Family Services at 800-252-2873, if the child is in immediate danger call 911. To make a police report, call 911 or go to your nearest police station to make a report.
- Tips for Talking with Survivors of Sexual Assault created by RAINN (Rape, Abuse & Incest National Network) is the nation's largest anti-sexual violence organization.
Showering and changing clothes after a sexual assault
If a survivor wishes to seek a sexual assault evidence collection kit (rape kit), if possible following an assault, it is better for survivors to not shower or change clothes so any physical evidence on the body or clothes can be preserved. However, the decision to shower or change clothes is completely understandable, and evidence can still be collected.
Rape Kits
A sexual assault evidence collection kit, commonly called a “rape kit” is a piece of the medical forensic exam that a survivor can choose to participate in within seven days following a sexual assault. The kit includes hair combings, fingernail scrapings, documentation of any visible injuries, a detailed history of the events, and swabs of any part of the body where licking, kissing, biting, penetration, or other physical contact may have occurred. If the survivor is wearing the clothing or underwear worn before, during, or directly after the assault, the clothing should be entered into evidence, with the survivor’s permission. This process is detailed and long, it can take between two and seven hours, sometimes longer. Medical forensic exams are free of charge in the State of Illinois, though insurance may be billed, there should not be any out of pocket costs for the exam.
Survivors have the right to have an advocate present during the evidence collection kit and medical forensic exam. All hospitals in Illinois should be partnered with a local rape crisis center and should contact that rape crisis center when a survivor of sexual assault comes to their hospital. If the hospital has not contacted an advocate in advance, survivors may request one through the rape crisis hotline or by asking the hospital to contact an advocate. Rape crisis center services are free of charge and confidential.
Importance of evidence collection
The evidence collection kit can be very important in a criminal case. The kit can provide crucial pieces of physical evidence, particularly DNA evidence, increasing the likelihood of a successful prosecution. If the offender is unknown, the kit can provide essential clues as to who the offender is, even linking the offender to other crimes. DNA evidence can be compared to DNA in the Combined DNA Index System (CODIS) a tool managed by the FBI for linking violence crimes. Even if the offender is not prosecuted, the evidence collected in the kit can provide information to law enforcement and prosecutors in the future. For more information on DNA and the testing of evidence collection kits, visit RAINN.
Releasing the evidence collection kit for testing
Survivors have a few options when collecting evidence with an evidence collection kit:
| Self-report | Healthcare provider reports | No report |
| Survivor reports to law enforcement and consents to test the kit | Healthcare provider reports and survivor consents to test the kit | Survivor does not report and law enforcement holds the kit (no testing) |
| Survivor reports and law enforcement holds the kit (no testing) | Healthcare provider reports and law enforcement holds the kit (not testing) |
If the survivor does not want the kit tested, they can still file the police report. The survivor then has ten years to either file the report or release the kit for testing. Contact your local rape crisis center to speak with an advocate about reporting and testing options. It is important to note that the investigation and prosecution may be impacted by a delay in reporting or releasing the kit for testing.
Medical treatment for sexual assault entail
Medical treatment for sexual assault may be completed at a hospital by a Sexual Assault Nurse Examiner (SANE), a nurse who is specially trained in the collection of sexual assault evidence and trauma-informed care for survivors. By January 2022, all hospitals that treat sexual assault survivors in Illinois will be required to have a SANE or other qualified medical personnel on site within 90 minutes of a survivor presenting for a sexual assault. Learn more about the Illinois Attorney General’s SANE Program.
Medical treatment can include a sexual assault evidence collection kit, but it is the survivor’s choice to have evidence collected or not. In addition to the evidence collection kit, survivors will be assessed and treated for any sexually transmitted infections (STIs), including given the option for prophylactic (preventative) treatment of common STIs and HIV. Additionally, all survivors will be given emergency contraception (Plan-B) free of charge or given instructions on how to obtain emergency contraception free of charge (410 ILCS 70/2.2). Emergency room medical treatment related to a sexual assault is free of charge in the State of Illinois. However, it does not cover if the survivor needs to be admitted into the hospital.
When to report an assault
Sexual assault can be reported to law enforcement at any time. The statute of limitations can only truly be determined by the filing of a police report and investigation. Even if a case is beyond the statute of limitations for criminal charges, by filing a police report, the survivor is documenting the assault, which may be useful evidence in other prosecutions involving that same offender.
It is important to note that the investigation and prosecution may be impacted by delays in reporting or releasing the kit for testing Survivors can receive a medical forensic exam and sexual assault evidence collection kit up to seven days after a sexual assault. Evidence is best preserved for DNA testing within 72 hours, though additional evidence may be found beyond this timeframe. If a sexual assault evidence collection kit is completed, the adult survivor has 10 years to decide to report to the police before the kit will be destroyed.
Where to report an assault
Regardless of where the sexual assault took place, law enforcement officers in any jurisdiction in Illinois must take a report and follow-up with the appropriate jurisdiction.. Additionally, when a survivor goes to a hospital for a medical forensic exam, the hospital is required to call law enforcement, even if the survivor does not wish to speak to law enforcement or provide their name at the time. The hospital will attempt to reach the jurisdiction in which the assault took place, but if law enforcement does not come out to take the report, the law enforcement agency where the hospital is located will take the report (725 ILCS 203/20).
Drug or alcohol facilitated sexual assault
Alcohol is the most common drug used or present in sexual assaults. It is impossible to name all drugs used in drug facilitated sexual assault, as any drug or combination of drugs and/or alcohol can be used to impair or incapacitate survivors. Drugs, especially alcohol, may be willingly taken by the survivor; an offender buying a survivor drinks at a bar, to the point of incapacitation of the survivor, and the survivor accepting the drinks. Voluntary use of drugs or alcohol or voluntary intoxication does not mean it was not sexual assault.
Survivors of a drug facilitated sexual assault should promptly receive blood or urine testing at a hospital to detect the drug or alcohol level. Many of the drugs used in drug facilitated sexual assaults are only in someone’s system for a short period of time. Timing is very important in these instances. The Cook County State’s Attorney’s Office will not charge a survivor with any narcotic related crime simply based on a positive test from a toxicology screen. Please contact a rape crisis center to talk with an advocate about submitting to a test that may show any voluntary consumption of alcohol or drugs by the survivor.
Unsure if what happened was sexual assault
If a survivor is unsure an assault took place, they can make a report and seek medical attention, or reach out to a local rape crisis center to speak with an advocate. It is not unusual for trauma to prevent survivors from remembering the entire assault, causing disjointed and non-linear memories. Additionally, sexual assault can happen in committed relationships, such as a marriage.
Don’t know the offender or didn’t see their face
If the survivor did not see the offender’s face and the offender is unknown to them, the survivor should still report the sexual assault, there may other evidence available to assist in the investigation of the case including DNA evidence, physical evidence or electronic evidence. The survivor should still seek medical attention for their own well being, if possible.
Third Party Reporting
With the survivors consent, a friend or family member can make a third-party report with the local law enforcement agency (725 ILCS 203/22). However, if a survivor wishes the case to be investigated, they will need to have contact with law enforcement at some point. There are specially trained prosecutors and detectives, as well as advocacy services, to ensure fair and survivor-centered treatment by law enforcement. Survivors have the right to have an advocate throughout the entire investigative process. All services are free of charge and confidential.
Survivors in the criminal justice system
Cook County Criminal Sexual Assault Case Flowchart
The legal process can take a long time, which is why the CCSAO and local rape crisis centers provide advocacy, information, and support throughout the process. Even if charges are not filed in a case there is support and help available for survivors. When charges are not filed, survivors may still petition for a civil no contact order, order of protection, or stalking no contact order (link to one pager).
The State’s Attorney’s Office’s Sexual Assault Programs and Resources
Consent Clinic
The CCSAO operates a consent clinic for law enforcement officers in the City of Chicago and in the second and third suburban districts. Specially trained Assistant States Attorneys (ASAs) work with police to review evidence and file charges on cases where a survivor is unable to consent to sex due to intoxication, mental or intellectual disabilities, or other scenarios where a survivor cannot give knowing and informed consent. These cases often take longer to investigate and require a team approach to build the best case possible.
Victim Witness Assistance Unit
The mission of the CCSAO Victim Witness Assistance Unit is to enhance prosecution efforts by delivering the highest quality of services to survivors and witnesses in the areas of advocacy and court support. The Unit’s outreach efforts are immediate, and responses are respectful, professional, thorough, and consistent. Specialized teams within the Unit work on felony sexual assault and domestic violence cases.
The Victim Witness Assistance Unit is a valuable resource for survivors with active court cases who have questions or need information between court dates.
Sexual Assault Multidisciplinary Team (MDT)
The Sexual Assault MDT is a Violence Against Women Act (VAWA) grant-funded initiative within the CCSAO, that focuses on sex crimes occurring in Areas Three and Five and a part of Area Four of the City of Chicago, which includes the Loop, Lincoln Park, Lakeview, and the Near North Side. These districts were chosen due to the large number of assaults reported in that area, as well as the diversity in the population residing there. The MDT includes the Chicago Police Department, Resilience, the CCSAO, Life-Span, Cook County Department of Adult Probation, and Swedish Covenant Hospital. Resilience has advocates co-located at the Area Three 3 Detective Division. The team works together to improve the systems’ response to survivors of sexual assault and to identify and solve systemic issues impacting survivors.
Automatic Victim Notification (AVN)
AVN is a nationwide system that offers survivors and witnesses of crime two important resources: information about the custody status of the offender and notification of the release of the offender from custody as well as upcoming court dates. Registration is required to receive notifications from AVN. Notifications are available in three forms:
- Phone notifications are available by calling 1 (877) 846-3445 and following the prompts to register; operator assistance is available 24 hours a day.
- Text message and email notifications are also available: visit vinelink.com to register for either of these services.
No Contact Orders
If there are criminal charges pending, the ASA assigned to the case may petition for an Order of Protection or Civil No Contact Order.
If there are no criminal charges pending, you may still petition the court for an Order of Protection or Civil No Contact Order.
For more information or assistance in filing contact your local rape crisis center to be connected to an advocate.