As of today, very few protections are in place for students who have been sexually assaulted by another student at their school, forcing victims to face their attacker at school as soon as the next day. Illinois school districts cannot continue to turn a blind eye and must take proper steps to protect survivors of school sexual assault.
If passed, Senate Bill 98 (SB 98) will require schools to expel students who sexually assault another student for at least a year. State Senator Steve McClure (R-Springfield) and State Representative C.D. Davidsmeyer (R-Marrayville) filed the legislation following an incident in the Taylorville school district in which a fifth-grade student was sexually assaulted several times by an eighth-grade student at a bus stop.
Sexual Assault in Illinois Schools Often Mishandled
School districts across Illinois have continuously mishandled sexual assault cases between students. Without mandatory expulsion after an incident, survivors of a sexual assault are often forced to continue attending school with their attacker, impacting their sense of safety and ability to learn.
Take the case of a fifth-grade Taylorville student who was repeatedly sexually assaulted by an eighth-grader who attended the same school at their shared bus stop. When the assault began to escalate, she courageously told her mother, Ashley Peden, who promptly notified the school of the incident.
Rather than removing the student, the school attempted to make a “safety plan” to keep the students apart. However, this plan proved futile as only a few staff members were made aware of the situation. The mishandling of this case sparked conversations that steamrolled SB 98 and sadly reflect how most sexual assault cases are handled in many Illinois schools.
“We have laws where a student gets expelled for bringing a weapon on school grounds. But what about cases like this when the student’s body is the weapon?” says Peden in a press conference held Jan 29. “This boy continuously brought his weapon to school — on the bus and at the bus stop. Until stricter laws are in place, this is going to continue to happen. It is time now to make a change.”
New Legislation Protects Students After Sexual Assault
SB 98 would be a major step in the right direction in making that change. Following a sexual assault accusation between students, schools are obligated to follow district protocols by launching a fact-finding investigation and hearing regarding the incident. Schools should respond to these cases by immediately removing the perpetrator to safeguard the victim’s peace of mind and prevent other students from being victimized. The new bill would establish this practice, stating that —
…a student who is determined to have committed sexual violence, sexual assault, or sexual activity with an individual without the individual’s consent at a school, a school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year. (105 ILCS 5/10-22.6)
“This is a school safety issue,” McClure says. “We’ve got to protect all the students in the school, and we’ve got to make sure that this person recognizes that they did something wrong, and they need to go to a school where they can get treatment to get themselves on a better path.”
What to Do if Your Child Was Sexual Assaulted By Another Student
SB 98 had its first reading on January 17, 2025, which means the bill still has a ways to go before being passed into law. Lawmakers have also voiced concerns about securing partisan support for the bill. Still, there are several steps parents can take if their child experiences sexual assault by another student.
1. Speak to Your Child
In the safest terms possible, ask your child to share what happened to them. If they do not feel comfortable sharing with you, consider reaching out to a therapist or adult they trust. Gather as much evidence as possible including clothing, texts, or emails.
2. Contact the School Immediately
As soon as possible, share this information with your child’s school. The sooner the school knows, the sooner the incident can be investigated. If SB 98 passes, reporting the assault right away would mean your child’s attacker would be expelled for at least a year.
3. Call an Attorney
In the Taylorville assault, the Pedens were able to obtain an order of protection from their daughter’s attacker with the help of an attorney. If your child has survived a sexual assault, it may be best to contact an attorney experienced in such sensitive cases. Even after the new legislation is passed, schools should be held accountable for how they handle issues of sexual assault in schools. Legal representation can ensure your child receives the proper care and protection they deserve under the law.
Disparti Law Group Stands Against School Sexual Abuse
Attorney Larry Disparti and the Disparti Law Group have taken a committed stand against all forms of school sexual abuse. When three elementary Chicago Public School (CPS) students were groomed and sexually abused by gym teacher Andrew Castro, we took a stand and reached a $2 million settlement on behalf of the children and their families. While no amount of money could ever make right such a tragedy, abusers must be held accountable for the harm they caused.
SB 98 continues a trend of new Illinois legislation that has recently been passed protecting sexual abuse survivors. House Bill 222, for example, was signed into law on December 20, 2024, which removed several barriers for childhood sexual abuse victims who want to take civil action against their abuser.
“We cannot take a stand against sexual abuse in schools if students are too afraid to report their assault. It’s on us to make sure they feel safe enough to speak up,” says Disparti. “If Senate Bill 98 passes, the hope is that students will feel more empowered to come forward knowing they won’t have to run into their abuser in the halls the next day. And as parents, we need to know that schools are prioritizing safety in these matters.”
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For legal representation regarding a sexual assault involving your child, contact us today for a FREE consultation about your case. Call (312) 600-6000 and we will fight tooth and nail to hold abusers and, if necessary, the school accountable for any harm they caused.
