Family & Safety

Safety planning is coming up with a specific plan to increase safety for a survivor of violence. It is a personalized plan developed with the person and their particular circumstances in mind.

In Illinois, sexual assault occurs when a person engages in or commits:

• Non-consensual sexual conduct (includes as any intentional touching or contact with a person’s sexual organs, anus, or breast) or
• Non-consenual sexual penetration (includes any contact between the sex organ or anus of one person with the other person’s sex organ, mouth, or anus. It also includes any insertion of any part of a person’s body or object into the sex organ or anus of the other) and one of the following:
  • The perpetrator uses force or threatens to use force against the survivor;
  • The perpetrator knows that the survivor is unable to understand what is happening or cannot give informed consent;
  • The perpetrator is a family member of the survivor, and the survivor is under 18 years old; or
  • The perpetrator is 17 years old or older and holds a position of trust, authority, or supervision over the survivor, and the survivor is between 13 and 17 years old. (Note that if the survivor is under 13, this is a different crime.)

If the survivor is experiencing sexual assault as part of domestic violence or abuse, then there can be additional factors to consider, such as forced communication while co-parenting children. Learn more about domestic violence safety planning.  This information is geared toward survivors of sexual assault who do not otherwise have a family or household relationship with the perpetrator and who do not experience any other kind of violence or abuse other than the sexual assault. However, some of these ideas can still be implemented in a relationship involving domestic violence.

A survivor of sexual assault may consider incorporating certain actions into their daily routine to increase their safety:

• Install deadbolt locks, alarms, visible security cameras, motion-detection lighting, or any other device to increase home safety and security.
• Tell trusted individuals of safety concerns, so they might be a support in case of emergency. Decide on routes and where to go when safety is a concern.
• Talk to employers about ways to make the workplace safer, like schedule changes.  Read more about Protections and rights in the workplace common questions.
• Avoid traveling alone as much as possible. Ask a security guard, friend, or colleague to walk to transportation.
• Avoid posting their location in real-time or if they regularly go to a location on a certain time/day.   
• If allowed by law, carry a personal safety device like pepper spray or a whistle.
• Decide on reactions if there is an unplanned encounter with the assailant.
• Report the sexual assault to the police and get a police report.
• Get a sexual assault Civil No Contact Order against the perpetrator and carry a copy at all times, as well as provide a copy to security at work, school, and apartment managers.

There are a lot of online resources on sexual safety planning that can be used for additional safety ideas:

• US Department of Defense Sexual Assault Prevention and Response Office
• Domestic Abuse & Sexual Assault Intervention Services
• RAINN
• National Domestic Violence Hotline

Domestic violence organizations and other victim services organizations can help a survivor of sexual assault review their particular situation and develop a unique safety plan. RAINN might also be able to provide help or referrals. Their phone number is (800) 656-HOPE (4673).

Learn more about getting a sexual assault Civil No Contact Order in Illinois.

The Illinois Address Confidentiality Program (ACP), administered by the Illinois Attorney General’s office, can provide survivors of sexual assault with a substitute address that can be used for state and local government records. They can also be used for personal mail. Mail sent to the ACP will be forwarded to the survivor at their real address. Learn more about the Address Confidentiality Program.

If a survivor of sexual assault does file a petition for a Civil No Contact Order, they are not required to disclose their address. 

Yes, under the Privacy of Adult Victims of Criminal Sexual Offenses Act, a judge may prohibit a person or agency from disclosing the survivor’s identity in court as well as in certain public documents.  The judge will consider:

• The survivor’s best interests and
• Whether stopping others from disclosing the survivor’s identity would “further a compelling state interest.”

If a court chooses to keep a person or agency from disclosing the survivor’s identity, there has to be a hearing for all affected parties. This gives each party a chance to make their case and be heard.

There is a similar law, Privacy of Child Victims of Criminal Sexual Offenses Act, for children.

Yes, a survivor of sexual assault can apply to receive financial assistance from the Illinois Crime Victim Compensation fund under certain circumstances. While it can reimburse things like lost wages or medical or mental health expenses, the money can also be used to relocate to a new home as a result of a crime. Learn more about Compensation for crime victims and how to apply by visiting the Illinois Attorney General’s website and brochure.

Yes, under the Illinois Safe Homes Act, a sexual assault survivor has the right to end a written or oral lease early without paying additional rent, as well as ask the landlord to change the locks in certain circumstances. This applies to private rental housing and subsidized housing, but not to public housing.

The Violence Against Women Act (VAWA) is a federal law that also protects sexual assault survivors who live in public housing, project-based Section 8 housing, private housing with Section 8 vouchers, and other types of housing.  The building owner cannot evict the survivor if they are a survivor of sexual assault. The property owner cannot refuse to provide housing assistance to a survivor if they otherwise qualify.

For more information, read the Shriver Center publication in English and Spanish.

Yes, the Illinois Bill of Rights of Crime Victims and Witnesses Act is a list of rights a sexual assault survivor has in court proceedings against the perpetrator, some of which are important to safety planning, such as:

• The right to be notified of and a hearing about a request for access to any of the survivor’s records, information, or communications that are confidential by law or privileged;
• The right to have the safety of the survivor and their family considered in deciding the perpetrator’s bail, determining whether to let the perpetrator out of jail, and setting the perpetrator’s conditions of release after arrest and conviction; and
• The right to be notified of the conviction, sentence, imprisonment, and release of the perpetrator.

The Office of the Attorney General handles complaints and violations of this Act.

If the survivor of sexual assault is an immigrant, there may be an immigration-related option that allows them to remain in the US. The U visa allows sexual assault survivors who are helpful to law enforcement or the government in investigating or prosecuting crimes to stay in the US. Those approved can eventually apply for legal permanent residency and employment authorization. Learn more about Protections for victims of crime with a U Visa. 

Note that immigration law is rapidly and frequently changing. It is recommended that the survivor speak with an immigration lawyer about their specific immigration situation.

Under the Illinois Gender Violence Act, a survivor of gender violence can sue anyone, including the perpetrator and businesses that were involved in the violent act, and get:

• Money for the costs the survivor paid because of the violence,
• Money for emotional distress,
• Money so that the people who harmed the survivor are punished,
• Lawyer fees,
• Court costs, and
• Anything else the court thinks the survivor should get.

Starting January 1, 2024, the survivor can also sue employers if they fail to "supervise, train, or monitor the employee who engaged in the gender-related violence" or "take remedial measures in response to the complaints or reports."

The Illinois Coalition Against Sexual Assault website contains information on finding a rape crisis center nearest you, helpful publications, and legal guides.

A lawyer or a domestic violence organization staff member will be familiar with the various laws in place that are a part of safety planning for a sexual assault survivor. A lawyer can also assist the survivor with getting a sexual assault Civil No Contact Order, which is an important tool in safety planning.

You can use Get Legal Help to find a free legal aid organization or a private lawyer near you. You can also read the Illinois Coalition Against Sexual Assault’s Illinois Legal Aid Resources for Sexual and Domestic Violence Survivors.