Illinois House Bill HB1397

Illinois 2023-2024 Regular Session

• Introduced: 1/24/23
• Refer: 1/31/23
• Refer: 2/7/23
• Report Pass: 2/28/23
• Engrossed: 3/15/23
• Refer: 3/21/23

Caption

CRIM CD-COERCIVE CONTROL

Impact

The implications of this bill are significant as it reforms existing statutes to include coercive control as a valid consideration in determining what constitutes unacceptable behavior in sexual offenses. By recognizing coercive control, the legislature aims to provide more comprehensive protection for victims, particularly in contexts where physical force may not be present, but where manipulation and intimidation are utilized to exert control over the victim's autonomy.

Summary

House Bill 1397 seeks to amend the Criminal Code of 2012 by introducing provisions specifically targeting 'coercive control' in relation to sexual assault offenses. It expands the definition of criminal sexual assault and criminal sexual abuse to include acts performed by individuals who use coercive control to achieve sexual penetration or conduct. This bill aims to strengthen the legal framework addressing consent and the dynamics of power and control in abusive relationships.

Sentiment

The sentiment surrounding HB1397 appears largely supportive among lawmakers and advocacy groups who emphasize the need for enhancing protections for victims of sexual violence. They argue that this legislative change reflects an evolving understanding of abuse that accounts for psychological manipulation. However, discussions also reveal apprehensions among certain legal analysts regarding the potential for this broad definition to complicate legal interpretations of consent and to burden the judicial process with subjective assessments.

Contention

Notable points of contention focus on how coercive control is defined and implemented within the realm of law. Critics argue that the subjective nature of coercive control could lead to inconsistency in legal outcomes and might overwhelm the legal system with cases that hinge on psychological interpretation rather than straightforward evidence. This bill, if passed, will provoke discussions about the balance between safeguarding victims and ensuring fair judicial processes.