Stuart Passes Bill Creating More Comprehensive Definition of Sexual Assault

EDWARDSVILLE, Ill. – State Rep. Katie Stuart, D-Edwardsville, is fighting for justice for all survivors of sexual assault by passing a new bill cracking down on incidents where consent is obtained through deception. 

“We must always advocate for victims and that means continuing to ensure that victims do not fall through the cracks because of gaps in our legislation,” Stuart said. “Knowing consent cannot be obtained if a person induces someone to believe they are someone else, but our current laws don’t fully cover this type of situation. Through this legislation, we’re making sure that those offenders can be held responsible for their actions.” 

Stuart received bipartisan support for House Bill 2093, which adds assault by deception to the list of sexual assault criminal offenses. This means that, if a person consents to a sexual act under the belief that the other person is someone other than who they claim to be, who has concealed their true identity, then the person committing the act of sexual penetration would be considered an assailant. This legislation also provides that any assailant who commits this crime, will be charged with a Class 3 felony. 

Under current law, a person commits criminal sexual assault if they commit an act of sexual penetration and either use force, know that the victim is unable to understand the act or unable to give consent, is a family member of the victim aged 18 and under, is 17 years of age or over and holds a position of trust, authority, or supervision to the victim, or if the victim is between the age of 13 and 18. This new legislation means that a critical gap in current laws covering sexual assault would be closed. 

“This legislation is an important step in strengthening sexual assault laws to ensure that every victim has a voice,” Stuart said. “We are making sure we limit the loopholes in these offenses and punish assailants to continue to protect victims and our communities from these acts.”