Illinois Crime Victim s Compensation Program

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Illinois Crime Victim’s

Compensation Program

— Illinois Crime Victim’s Compensation Act —

— Elder Abuse —

— Sexual Assault —

— Domestic Violence —

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Illinois Coalition Against Domestic Violence . . . .24-28 Law Enforcement Guide to Enforcing Orders of Protection Nationwide . . . .29-32 Every day, every hour, every minute a violent crime is committed in Illinois. While many violent crimes such as murder, robbery and aggravated battery receive much of our attention, other violent crimes such as domestic violence, child abuse and elder abuse are dealt with in private and the victims may not know where to go for help. The Crime Victim's Compensation Act is administered and adjudicated by the Illinois Court of Claims with the investigation by the Illinois Attorney General’s office. The program allows victims of violent crimes or their survivors to receive compensation for hospital and doctor bills, rehabilitation, loss of wages and tuition, and funeral/burial expenses when other sources of funding have been exhausted, such as insurance and court-ordered restitution. This program can be a financial lifesaver for many victims who may not have the resources to cover the expenses incurred as a result of the crime. Therefore, it is important that we get this information out to the citizens of Illinois so they may take advantage of the program.

Crime Victim's Compensation applications are available at Illinois public libraries and law enforcement agencies across the state. My office conducts training for library personnel and law enforcement officers on the Crime Victim's Compensation Program so when they come into contact with a person needing assistance they can steer them in the right direction. This booklet provides information about the Crime Victim's Compensation Act and the application process as well as detailed information on elder abuse, sexual assault and domestic violence. I urge you to familiarize yourself with this information and make sure

that Crime Victim's Compensation information and applications are in a

prominent location where crime victims or family members may access them and ask for more information.

Thank you for your involvement in ensuring that innocent victims of violent crimes in Illinois get the compensation and justice they deserve.

Jesse White, Secretary of State & Ex Officio Clerk of the Illinois Court of Claims

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Chapter 1 — Illinois Crime Victim’s Compensation Act

The Crime Victim’s Compensation Act offers financial assistance to eligible victims of violent crimes. Under the Act, victims of violent crimes or their survivors who have inadequate insurance or no source of funds to cover their expenses may be eligible for compensation covering medical bills, counseling, lost wages and other expenses.

Eligible Expenses

■ Medical expenses (hospital, doctor, nursing) ■ Rehabilitation

■ Temporary lodging/relocation

■ Counseling/psychiatry for victim and family ■ Lost wages — up to $1,000 per month ■ Lost tuition

■ Replacement costs ■ Emergency expenditures

■ Prosthetic appliances and accessibility costs ■ Crime scene clean-up

■ Funeral/burial expenses — up to $5,000

Coverage Limitations

■ Total compensation may not exceed $27,000 per direct victim of a violent crime (all dependents must share the $27,000). ■ No compensation is paid for property damage other than as specifically mentioned.

■ No compensation is paid for pain and suffering.

Victim Eligibility

■ A person injured in Illinois as a result of a violent crime.

■ A victim of a violent crime or his/her survivor who is dependent upon the victim for support. ■ A parent whose child is the victim of a violent crime.

■ A relative of a victim who incurred reasonable funeral and/or medical expenses. ■ A child who witnessed a violent crime committed against a relative.

■ A child whose sibling is the victim of a violent crime.

■ An Illinois resident who is a victim of a violent crime committed in another state or country that does not have a compensation fund for crime victims.

■ Any person who personally witnessed a violent crime.

■ A parent, step-father, step-mother, child, brother, sister or spouse on behalf of a crime victim.

■ Any person who pays medical, hospital or funeral expenses (up to $5,000 for funeral) on behalf of a victim, and/or travel and transportation costs to retrieve a body of a homicide victim.

Violent Crimes Covered

■ Domestic violence ■ Sexual assault and abuse ■ Murder ■ Involuntary manslaughter ■ Reckless homicide ■ Kidnapping ■ Incest ■ Exploitation of a child ■ Assault/battery ■ Reckless conduct ■ Arson

■ Driving under the influence (DUI) ■ Stalking

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Requirements

■ Crime must be reported within 72 hours to law enforcement (unless unable to do so), and victim or survivor must cooperate with law enforcement and the Illinois Attorney General’s office.

■ Victim must first exhaust all sources of financial recovery (i.e., health insurance, public assistance, etc.). ■ Must file a compensation claim with the Illinois Attorney General’s office within two years of the crime. ■ Applicant cannot be an offender or an accomplice of the offender.

■ Applicant cannot contribute to the injury or death of an offender by engaging in wrongful conduct or provocation.

Filing an Application

■ Complete the appropriate application form, including Social Security Number.

■ If victim/survivor has legal representation, complete applicable sections on application form so all correspondence may be sent directly to the attorney's office. An attorney is not required.

■ Sign all applicable lines on the application form.

For more information, call 217-782-7101, 8 a.m.-5 p.m., Mon.-Fri., or visit www.cyberdriveillinois.com.

Frequently Asked Questions

Must a victim/claimant be a U.S. citizen? — No. A crime victim/claimant does not have to be a U.S. citizen to be eligible

for financial assistance.

Can a hospital or medical provider apply on a crime victim's behalf? — No. Only victims of violent crimes or their legal

representatives may be claimants; however, the state may make direct payments to eligible health care providers.

What if the crime victim had medical bills from more than one provider? — Each health care provider may be paid

directly by the state. If the victim's expenses exceed $27,000, payouts are prorated to reflect the amount each bill represents in proportion to the victim’s total compensable loss.

If a crime victim has been awarded the full $27,000, but a balance is still owed to a provider, is the victim still liable for the remaining balance? — A crime victim/survivor is liable for any remaining amount owed after assistance

provided under the Act has been used. Some medical providers have policies that relieve a victim of the remaining balance after full assistance has been awarded under the Act. Although such a policy is not mandatory, it is encouraged by the Illinois Attorney General.

What if a crime victim incurs additional bills as a result of the crime after the compensation application has been processed? — If a crime victim has not already been granted the maximum amount of $27,000 allowed under law, the

victim can petition the court to have the claim reopened and have the new bills considered for payment.

What medical and hospital bills are covered? — Any medical bills related to the crime, including counseling,

prescriptions, follow-up doctor visits and allowable dental procedures are covered.

What medical and hospital expenses are covered if a crime victim receives Medicare or Medicaid? — Any medical bills

or hospital bills resulting from the crime not covered by Medicare or Medicaid may be covered.

How is loss of earnings calculated and what is included? — Loss of earnings compensation is based on a crime victim’s

net monthly earnings for the six months prior to the crime. The victim must submit proof of earnings and disabling injury. Loss of earnings includes days missed from work to attend court proceedings and doctor/counseling appointments.

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What are “replacement costs?” — Replacement costs include expenses incurred to cover the replacement of items such as

eyeglasses, clothing/bedding used as evidence, and locks/windows damaged as a result of the crime. The items must be replaced and receipts are required.

What temporary lodging/relocation expenses are eligible? — Moving van rental, moving company fees, storage fees,

shipping fees and security deposits may be considered for reimbursement.

What is covered by tuition reimbursement? — Tuition reimbursement is available for time missed during enrollment at a

school or university due to a disability caused by a violent crime, or due to court appearances resulting from the crime.

What benefits are covered if the victim resides in a nursing home? — Any out-of-pocket expenses for medical and

hospital care, prescriptions and counseling resulting from the crime may be covered. Any equipment costs such as wheelchairs, beds or prosthetic appliances also may be covered.

What funeral/burial expenses are covered? — Funeral and burial costs, as well as travel and transportation costs for

survivors of homicide victims to secure bodies and transport them for burial are covered. These expenses are compensated up to a maximum of $5,000.

Can funeral directors apply directly for compensation? — No. Funeral directors may not file for compensation on their

own behalf, but may be compensated directly under the claim of the person who became legally obligated for payment of these expenses.

What compensation is available for someone obtaining legal custody of minor children because of the death of a parent/guardian resulting from a violent crime? — Compensation for the loss of support provided for the child by the

deceased parent, funeral/burial costs, counseling and child care expenses may be covered.

Who can I contact to learn more about the role of hospitals and medical providers in the Crime Victim’s Compensation Act? — Call the Illinois Court of Claims at 217-782-7101.

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Instructions for Completing and Filing

Crime Victim’s Compensation Application

■ Complete all sections.

■ Must be signed by victim, parent/guardian or dependent of victim, or survivor of victim.

■ The documents must be filed with the Court of Claims within two years of the crime (unless victim is a child).

Section I — Claimant and Victim Information

Claimant Information — Complete in entirety. Use Social Security Number of person filing the claim (if a parent is filing on

behalf of a child, the parent must use his/her Social Security Number).

Victim Information — Complete in entirety. If this information cannot be completed, leave blank and provide at a later

date.

Ethnicity — Questions are optional. Compensable Violent Crimes include:

■ Violation of Order of Protection: 720 ILCS 5/12-30 ■ Domestic Battery: 720 ILCS 5/12-3.2

■ Criminal Sexual Assault (rape, fondling): 720 ILCS 5/12-13 ■ Aggravated Criminal Sexual Assault: 720 ILCS 5/12-14

■ Predatory Criminal Sexual Assault of a Child (cause great bodily harm, life threatening, results in permanent disability to person under age 13): 720 ILCS 5/12-4.1

■ Criminal Sexual Abuse (act of sexual conduct when victim is a child or unable to understand): 720 ILCS 5/12-15 ■ Aggravated Criminal Sexual Abuse (use of weapon, caused bodily harm, victim disabled): 720 ILCS 5/12-16 ■ Murder — First Degree: 720 ILCS 5/9-1; Second Degree: 720 ILCS 5/9-2

■ Involuntary Manslaughter and Reckless Homicide (recklessness that results in death, such as DUI): 720 ILCS 5/9-3 ■ Kidnapping: 720 ILCS 5/10-1

■ Aggravated Kidnapping (inflicts great bodily harm, victim under age 13, for ransom): 720 ILCS 5/10-2 ■ Sexual Relations Within Families (incest): 720 ILCS 5/11-11

■ Exploitation of a Child (confine for prostitution of child age 16 or institutionalized): 720 ILCS 5/11-19.2 ■ Child Pornography: 720 ILCS 5/11-20.1

■ Assault (makes a person believe they will be battered): 720 ILCS 5/12-1 ■ Aggravated Assault (with a weapon): 720 ILCS 5/12-2

■ Battery (causes bodily harm or makes physical contact): 720 ILCS 5/12-3

■ Aggravated Battery (uses deadly weapon other than firearm, or other circumstances such as aggressor knows victim is pregnant and batters her): 720 ILCS 5/12-4

■ Heinous Battery (battery that causes severe or permanent disability): 720 ILCS 5/12-4.1 ■ Aggravated Battery with a Firearm: 720 ILCS 5/12-4.2

■ Aggravated Battery of a Child: (child under age 13): 720 ILCS 5/12-4.3

■ Reckless Conduct (endangering the bodily safety of a person): 720 ILCS 5/12-5

■ Stalking (acts of surveillance or following with threat or placing victim in reasonable apprehension of bodily harm): 720 ILCS 5/12-7.3

■ Aggravated Stalking (confining, restraining, causing bodily harm as part of stalking): 720 ILCS 5/12-7.4 ■ Arson (damaging property by fire or explosion): 720 ILCS 5/20

■ Aggravated Arson (threatens persons or causes bodily injury or death during arson): 720 ILCS 5/20-1.1 ■ Driving Under the Influence (of intoxicating liquor or narcotic drugs): 625 ILCS 5/11-501

■ Terrorism: 720 ILCS 5/29 D

If the crime involves bodily injury or violence and does not fit into any of the above categories a Crime Victim’s Compensation Application must still be completed. The Court of Claims will determine if compensation is available.

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Section II — Crime Information

Date of Crime/Name of Law Enforcement Reported to — Complete in entirety. Victims of domestic violence and sexual

assault in small communities often are afraid to contact law enforcement authorities for fear that the abuser will further harm them. If this is the case, suggest that the victim report to a domestic violence advocate or sexual assault program. In all domestic violence or sexual assault cases, the victim should be referred to a local program.

Police Report Number — Complete if information is available. If not available, the police report will be obtained through

the investigation by the Illinois Attorney General.

Name of offender — In many cases, the victim may not know who committed the crime. If this is the case, state

“unknown.” Compensation for victims of violence does not depend on whether the criminal is known or successfully brought to justice. The program assists victims of violence regardless of whether the perpetrator is brought to justice. A victim must cooperate with law enforcement.

Was offender arrested? — Complete to the extent known.

Has offender been charged in court? — If victim is unaware of the answers to these questions, state unknown.

Criminal Court Case Number — Complete if known. If unknown, leave blank or put unknown. The Attorney General’s office

can obtain this information during the investigation.

Section III — Medical Information and Benefits

Medical/counseling expenses — These should almost always be marked yes. The Act allows for the reimbursement of

medical, hospital and dental bills, rehabilitation equipment and counseling expenses not paid by insurance or another source such as public assistance. Counseling is covered for anyone who personally witnesses an act of violence. In most situations, additional medical treatment or counseling will be used at a later date. Victims should check “yes” in both boxes unless they have insurance and are certain their insurance will pay the bills associated with the violence in full. Note that the Act does not provide compensation for pain and suffering.

Describe the injuries — Complete with as much detail as possible.

List name(s) and address(es) of doctors, hospitals, etc. — Complete with as much detail as possible understanding that

the victim may have later medical bills, which may be covered. If the claim is awarded, the court makes the payment directly to the hospital, doctor, etc., unless the crime victim has already paid the bill or someone has paid the bill on behalf of the victim. In that case the program will reimburse whomever paid. If public assistance/insurance pays for medical and hospital expenses, the victim is not reimbursed as the Act allows for payment only of “actual” expenses.

If additional medical, counseling expenses arise after the initial award, the crime victim must ask the court to pay these additional bills. The claimant will then be asked to send proof of the expenses to the court with a note asking the court to pay. The court will pay on behalf of the crime victim up to the $27,000 cap.

Once the victim has filed a claim for medical, counseling, funeral expenses, etc., if the victim receives calls regarding payment of these bills, the victim should state that he/she has filed an application for Crime Victim’s Compensation and give the case number. When the court notifies the crime victim of an award, it is against the law for hospitals, doctors, etc. to harass the victim for payment or attempt to hurt the victim’s credit rating.

Insurance — This section requires a listing of all insurance companies, governmental agencies, offender restitutions, etc.

that may be available to pay all or part of the victim’s medical bills. Crime Victim’s Compensation is the payee of last

resort. The victim must first exhaust all other sources of payment. Only uncovered medical bills will be paid through the

Act. Any lawsuits against the aggressor are considered possible sources to pay expenses; therefore, if a case is completed, it should be listed.

Payment from other sources — Claimant should fill out this section to the best of his/her knowledge, with all information

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Section IV — Funeral/Burial Information and Death Benefits

Funeral/Burial — The Crime Victim’s Compensation Act allows for the reimbursement of funeral/burial expenses of up to

$5,000 on behalf of a crime victim. Attach a copy of the funeral bill, burial bill and death certificate to the application. Many funeral homes will hold off on the bill, pending an award from the Court of Claims, while others will not.

Will the dependents receive any accident/life insurance — Complete in entirety, listing any known insurance.

Loss of Support — List all children, including children the victim has legally adopted and if the victim has provided support

to a dependent. A dependent could be a grandparent for whom the victim cared for or a child over age 18 in college. If a crime victim was providing support to a dependent he/she may be eligible to receive an award of loss of support.

Section V — Employment Information

Lost Wages — These questions provide information on loss of earnings or support due to the crime. The Act may provide

compensation for loss of earnings or support of up to $1,000 per month, up to $27,000, depending on monthly earnings of the victim. A formula is used to calculate loss of earnings and support, which is why verification of income information is requested.

Section VI — Tuition

Tuition Reimbursement — The Act provides for reimbursement of loss of tuition paid to attend grammar school, high

school, college or graduate school when the victim has been enrolled full time or is a night student prior to the crime and is unable to attend because of the violence perpetuated against him/her.

Section VII — Subrogation Rights

Subrogation — To subrogate means to put into place of another. This section advises the applicant that if the Crime

Victim’s Compensation Program pays medical bills, loss of support, etc. and there is an award to the victim through another court proceeding, the Crime Victim’s Compensation Program will be reimbursed through the other court proceeding. An example would be if the victim files a suit and recovers money for hospital bills that have already been paid by the Crime Victim’s Compensation Program.

Section VIII — Certification and Releases

Signature — The applicant must sign the application. If the crime victim cannot sign the application, the person completing

the application may sign on behalf of the applicant followed by his/her name underneath.

Attorney Information — An attorney is not necessary to file a Crime Victim’s Compensation Application. Most crime

victims do not use an attorney to apply. However, if the victim does have an attorney, the attorney cannot charge a fee for presenting the claim before the Court of Claims. This program is to assist crime victims and their families.

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Chapter 2 — Elder Abuse

“Elder abuse” is any negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable older adult. Elder abuse can affect people of all ethnic backgrounds and social status and can affect both men and women. Illinois law defines abuse, neglect and exploitation of an older person as:

■ Physical abuse — inflicting physical pain or injury upon an older adult.

■ Sexual abuse — touching, fondling, intercourse or any other sexual activity with an older adult when he/she is unable to understand, unwilling to consent, threatened or physically forced.

■ Emotional abuse — verbal assaults, threats of abuse, harassment or intimidation. ■ Confinement — restraining or isolating an older adult, other than for medical reasons.

■ Passive neglect — caregiver's failure to provide an older adult with life's necessities, including, but not limited to, food, clothing, shelter or medical care.

■ Willful deprivation — willfully denying an older adult medication, medical care, shelter, food, a therapeutic device or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except when the older adult has expressed an intent to forego such care.

■ Financial exploitation — the misuse or withholding of an older adult's resources by another to the disadvantage of the older adult or the profit or advantage of someone else.

Many Suffer from Elder Abuse

It is difficult to say how many older Americans are abused, neglected or exploited, in large part because surveillance is limited and the problem remains greatly hidden. While a few studies estimate that between 3 percent and 5 percent of the elderly population have been abused, it is estimated that there may be as many as 5 million victims each year. One

consistent finding is that reports increase each year.

Warning Signs of Elder Abuse — Most important is to be alert. Suffering often is done in silence. If you notice changes in

personality or behavior of an elderly person, you should question what is going on. While one sign does not necessarily indicate abuse, following are some signs there may be a problem:

■ Bruises, pressure marks, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.

■ Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.

■ Bruises around the breasts or genital area may indicate possible sexual abuse. ■ Sudden changes in financial situations may be the result of financial exploitation.

■ Bedsores, unattended medical needs, poor hygiene and unusual weight loss are indicators of possible neglect.

■ Behavior such as belittling, threats and other uses of power and control by caretakers or family members are indicators of verbal or emotional abuse.

■ Strained or tense relationships, frequent arguments between the caregiver and older adult also are signs of emotional abuse.

Who is Vulnerable to Elder Abuse — Social isolation and mental impairment (such as dementia or Alzheimer's disease) are

two factors that may make an older adult more vulnerable. But, in some situations, studies show that living with someone else (a caregiver or a friend) may increase the chances for abuse to occur. A history of domestic violence also may make an older adult more susceptible to abuse.

Who Abuses Older Adults — Abusers of older adults are both women and men. Family members are more often the

abusers than any other group. Statistics show that adult children are the most common abusers. Financial exploitation is the most common type of abuse identified.

Criminal Penalties for Elder Abuse — Illinois has increased penalties for those who victimize older adults. Increasingly

across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice.

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Reporting Elder Abuse

Elder Abuse and Neglect Program services are provided through local agencies designated by the Area Agency on Aging and the Illinois Department on Aging. All elder abuse caseworkers are trained and certified by the department, which also promulgates the program's policies and procedures and oversees the monitoring of services through the Area Agencies on Aging.

Each one of us has a responsibility to keep elders safe from harm. Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, contact your local elder abuse provider agency or long-term care ombudsman (for nursing homes). To find your local provider, visit www.state.il.us/aging/1directory/elder_abuse.pdf, or call the nationwide Eldercare Locator at 800-677-1116, Mon.-Fri., 9 a.m. to 8 p.m. eastern time. You also may call the Department on Aging’s Elder Abuse Hotline at 866-800-1409 (Voice), 888-206-1327 (TTY).

Self-Reporting/Dysfunction — Dysfunction is not defined by law, but is understood to mean any physical or mental

condition that would render an older adult unable to seek help for himself or herself. Such conditions may include dementia, paralysis, speech disorders, being confined to bed and unable to reach or use a telephone, etc. It is up to the professional person's judgment as to whether an older adult is able to self-report. If a person is unsure whether an older adult is able to self-report, but suspects the person is being abused, neglected or financially exploited, the Department on Aging encourages the reporter to voluntarily report the situation to the Elder Abuse and Neglect Program. The person may use the following questions to help determine if a person has the mental capacity to self-report:

1. Does the person understand the facts of the situation?

2. Does the person express a free choice about his/her situation? 3. Does the person understand the risks and benefits of that choice?

When an older adult, because of dysfunction, is unable to self-report, professionals and state employees must report, within 24 hours, any suspected abuse, neglect or financial exploitation to the Department on Aging Elder Abuse and Neglect Program. The requirement to report includes any time a mandated reporter (see below) is engaged in carrying out his/her professional duties.

Mandated Reporter — Certain professionals are required by law to report elder abuse. The Elder Abuse and Neglect Act

requires mandatory reporters to testify fully in any judicial or administrative hearing resulting from a report. This outcome occurs in only a very small number of cases. A mandated reporter includes a professional or professional's delegate while engaged in:

■ social services;

■ the care of an eligible adult or eligible adults; ■ education;

■ law enforcement;

■ any occupation required to be licensed under the: Clinical Psychologist Licensing Act; Clinical Social Work

and Social Work Practice Act; Illinois Dental Practice Act; Dietetic and Nutrition Services Practice Act; Marriage and Family Therapy Licensing Act; Medical Practice Act of 1987; Naprapathic Practice Act; Illinois Nursing Act of 1987; Illinois Occupational Therapy Practice Act; Illinois Public Accounting Act; Illinois Optometric Practice Act of 1987; Pharmacy Practice Act of 1987; Illinois Physical Therapy Act; Physician Assistant Practice Act of 1987; Podiatric Medical Practice Act of 1987; Professional Counselor and Clinical Professional Counselor Licensing Act; Respiratory Care Practice Act; Illinois Speech-Language Pathology and Audiology Practice Act; Nursing Home Administrators Licensing and Disciplinary Act; and the Veterinary Medicine and Surgery Practice Act of 2004;

■ an employee of a vocational rehabilitation facility prescribed or supervised by the Illinois Department of Human Services;

■ an administrator, employee or person providing services in or through an unlicensed community-based facility; ■ a Christian Science practitioner;

■ field personnel of the Illinois Departments of Healthcare and Family Services, Public Health, Human Services and any county or municipal health department;

■ personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider agencies, and the Office of State Long-Term Care Ombudsman;

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■ any employee of the State of Illinois not otherwise specified who is involved in providing services to eligible adults, including professionals providing medical or rehabilitation services and all other persons having direct contact with eligible adults;

■ a person who performs the duties of a coroner or medical examiner; or

■ a person who performs the duties of a paramedic or an emergency medical technician.

■ Because of confidentiality restrictions, bankers and attorneys are not mandated to report suspected elder abuse. They are, however, like all others, encouraged to voluntarily report any suspected mistreatment of older adults.

(Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.), as amended.)

Penalties for Failure to Report — Any physician who willfully fails to report as required by the Elder Abuse and Neglect

Act shall be referred to the Illinois State Medical Disciplinary Board. Any dentist or dental hygienist who willfully fails to report as required by this Act shall be referred to the Department of Professional Regulation. Any other mandated reporter required by this Act to report suspected abuse, neglect or financial exploitation and, who willfully fails to report the same, is guilty of a Class A misdemeanor.

Legal Protections for Reporters of Elder Abuse — The Elder Abuse and Neglect Act provides extensive protections for all

reporters of elder abuse, whether voluntary or mandatory. Anyone who makes an elder abuse report in good faith is exempt from civil and criminal liability as well as any professional disciplinary action. These same protections are provided to any person who provides information, records or services related to a report.

The law also prohibits any retaliation by an employer against any employee who makes a good faith report of abuse, who is or will be a witness, or who will testify in any investigation or proceeding concerning a report of elder abuse.

In addition, by law, a reporter's name may be released only with the reporter's written consent or by the order of a court. The Department on Aging also accepts anonymous reports.

Elder Abuse/Neglect Reporting Procedures

Step I: Intake — The agency receiving the call will do an intake. The reporter should be prepared to answer the following

questions to the best of his/her ability. Even if the reporter does not have all the information, the call should be made with as much information as possible.

■ alleged victim's name, address, telephone number, sex, age and general condition; ■ alleged abuser's name, sex, age, relationship to victim and condition;

■ circumstances that led the reporter to believe that the older adult is being abused, neglected or financially exploited, with as much specificity as possible;

■ whether the alleged victim is in immediate danger, the best time to contact the victim, if the victim knows of the report, and if there is any danger to the responding caseworker;

■ whether the reporter believes the client could self-report; ■ name, telephone number and profession of the reporter; ■ names of others with information about the situation; ■ whether the reporter is willing to be contacted again; and ■ any other relevant information.

Step 2: Assessment — Depending on the nature and seriousness of the allegations, a trained caseworker will make a

face-to-face contact with the victim within the following time frames: ■ 24 hours for life-threatening situations,

■ 72 hours for most neglect and non life-threatening physical abuse reports, and ■ 7 calendar days for most financial exploitation and emotional abuse reports.

The caseworker has 30 days to do a comprehensive assessment both to determine if the client has been mistreated and to determine his/her needs for services and interventions. If the abuse is substantiated, the caseworker involves the older adult in the development of a case plan to alleviate the situation. The caseworker always attempts to utilize the least restrictive alternatives that will allow the older adult to remain independent to the highest degree possible.

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Services may include in-home care, adult day services, respite, health services and counseling. Other interventions may include an order of protection against the alleged abuser, obtaining a representative payee, having the person change or execute a new power of attorney for financial or health decisions, or assisting the client in obtaining other legal remedies. In some cases, services for the abuser also are obtained, including mental health, substance abuse, job placement or other services related to their problems.

Step 3: Follow-Up — The caseworker may keep the case open 15 months from the date of intake in order to monitor the

situation and to continually re-assess the need for different interventions. Where the caseworker judges that the best interests, safety and well-being of the client require further follow-up service, the case may stay open for up to an

additional 12-month period. If subsequent reports of abuse are received and substantiated, the case may be kept open even longer. All reports and records of the Elder Abuse and Neglect Program are subject to strict confidentiality provisions.

Client Refusal of Services — As an adult, a competent client may refuse an assessment and may refuse all services and

interventions. This is called the client's right to self-determination. It is rare for a client to refuse an assessment, and 78 percent of clients whose abuse is substantiated consent to further services.

Where a client has dementia or other cognitive impairment, the Elder Abuse Program works to assess the situation and to provide services as needed. In some cases, the Elder Abuse Provider Agency petitions the court for guardianship to ensure that the client's needs are met. Guardianship and nursing home placement are the last resort.

Elder Abuse Prevention

Educating seniors, professionals, caregivers and the general public on elder abuse is critical to prevention. On an individual level, the following simple but vital steps will reduce a person’s risk of abuse:

■ Take care of your health.

■ Seek professional help for drug, alcohol and depression concerns. Urge family members to get help for these problems. ■ Attend support groups for spouses and learn about domestic violence services.

■ Plan for your own future. With a power of attorney or a living will, health care decisions may be addressed to avoid confusion and family problems should you become incapacitated. Seek independent advice from someone you trust before signing any documents.

■ Stay active in the community and connected with friends and family. This will decrease social isolation, which has been connected to elder abuse.

■ Know your rights. If you engage the services of a paid or family caregiver, you have the right to voice your

preferences and concerns. If you live in a nursing home, call your Long-Term Care Ombudsman. The Ombudsman is your advocate and has the power to intervene.

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Adams

West Central Illinois Case Coordination Unit 217-222-1189

Alexander

Shawnee Alliance for Seniors 618-985-8322

Bond

Southwestern Illinois Visiting Nurse Association 618-236-5863

Boone

Visiting Nurse Association of Rockford 815-971-3502

Brown

Bureau

Alternatives for the Older Adult 309-277-0168

Calhoun

Carroll

In Touch Service of Lutheran Social Services of Illinois

815-626-7333

Cass

Prairie Council on Aging 217-479-4600

Champaign

Senior Resource Center 217-352-5100

Christian

Macoupin Co. Programs for the Elderly 217-854-4706

Clark

Cumberland Associates, Inc. 800-626-7911

Clay

Effingham City and County Committee on Aging 800-283-4070

Clinton

Coles

Cook

See City of Chicago

Crawford

SWAN (Stopping Woman Abuse Now) 618-392-3556

Cumberland

DeKalb

Elder Care Services of DeKalb Co. 815-758-6550

DeWitt

Community Home Environmental Learning Project, Inc. (CHELP) 217-422-9888

Douglas

DuPage

DuPage Co. Dept. of Human Resources 630-682-7000

Edgar

Edwards

Effingham

Fayette

Ford

Elder Care Services of Ford-Iroquois Counties

815-432-2483

Franklin

Fulton

SeniorStrength 309-637-3905

Gallatin

Greene

Grundy

Grundy County Health Department 815-941-3143

Hamilton

Hancock

Hardin

Henderson

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Henry

Iroquois

Elder Care Services of Ford-Iroquois Counties

815-432-2483

Jackson

Jasper

Jefferson

Jersey

JoDaviess

Stephenson County Senior Center 815-235-9777

Johnson

Kane

Senior Services Associates 847-741-0404 (Elgin) 630-897-4035 (Aurora)

Kankakee

Catholic Charities, Diocese of Joliet 815-932-1921

Kendall

Senior Services Associates, Inc. 630-553-5777

Knox

Lake

Catholic Charities, Chicago Archdiocese

847-546-5733

LaSalle

Lawrence

Lee

In Touch Services of Lutheran Social Services of Illinois 815-626-7333 Livingston PATH 309-828-1022 Logan

Senior Services of Central Illinois 217-528-4035

Macon

Community Home Environmental Learning Project, Inc. (CHELP) 217-422-9888

Macoupin

Macoupin County Programs for the Elderly

217-854-4706

Madison

Southwestern Illinois Visiting Nurse Association

618-236-5863

Marion

Effingham City and County Committee on Aging 800-283-4070 Marshall SeniorStrength 309-637-3905 Mason

Massac

McDonough

McHenry

Senior Services Associates 815-344-3555

McLean

PATH

309-828-1022

Menard

Mercer

Monroe

Montgomery

Montgomery County Health Dept. 217-532-2001

Morgan

Moultrie

Ogle

In Touch Services of Lutheran Social Services of Illinois 815-626-7333 Peoria SeniorStrength 309-637-3905 Perry

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Piatt

Senior Resource Center 217-352-5100

Pike

West Central Illinois Case Coordination Unit

217-222-1189

Pope

Pulaski

Putnam

Randolph

Richland

Rock Island

Saline

Sangamon

Schuyler

Scott

Shelby

St. Clair

Stark

Stephenson

Stephenson County Senior Center 815-235-9777

Tazewell

Union

Vermilion

Community Resources and Information for Seniors (CRIS) Services

217-443-2999

Wabash

Warren

Washington

Southwestern Illinois Visiting Nurses Association 618-236-5863

Wayne

White

Whiteside

In Touch Services of Lutheran Social Services of Illinois

815-626-7333

Will

Senior Services Center of Will Co. 815-740-4225

Williamson

Winnebago

Visiting Nurses Association of Rockford 815-971-3502 Woodford SeniorStrength 309-637-3905

City of Chicago

60626, 60640, 60645, 60659, 60660 Catholic Charities 773-286-6041 60625, 60630, 60631, 60646, 60656 Catholic Charities 773-286-6041 60634, 60636, 60639, 60641, 60666, 60707 Catholic Charities 773-286-6041 60613, 60614, 60618, 60647, 60657 Catholic Charities 773-286-6041 60601, 60602, 60603, 60604, 60605, 60606, 60607, 60610, 60611, 60622

Healthcare Consortium of Illinois 708-841-9515

60615, 60616, 60637, 60649, 60653

Centers for New Horizons 773-451-1376

60609, 60623, 60629, 60632, 60638

Metropolitan Family Services 312-986-4332

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60617, 60619, 60627, 60628, 60633, 60827

60620, 60621, 60636, 60643, 60652, 60655

60608, 60612, 60624, 60644, 60651

Westside Health Partnership 773-522-8640

Suburban Cook County

Berwyn, Cicero

Berwyn-Cicero Council on Aging 708-447-2448

Barrington, Hanover, Palatine, Wheeling Townships

Catholic Charities

(Northwest Senior Services) 847-253-5500

Bloom, Bremen, Calumet, Rich, Thornton Townships

(Cities served: Dixmoor, Harvey, Homewood, Markham, Burnham, Dolton, Calumet City, East Hazel Crest, Lansing, Phoenix, Riverdale, South Holland)

Thornton Catholic Charities (South Suburban Senior Services) 708-596-2222

Elk Grove, Schaumburg

Kenneth W. Young Centers 847-524-8800

Leyden, Norwood Park

Leyden Family Services 847-455-3929

Evanston, Niles

Maine, New Trier, Northfield

North Shore Senior Center 847-784-6000

Oak Park, River Forest

Oak Park Township 708-383-8060

Lemont, Orland, Palos, Worth Townships

PLOWS (Palos, Lemont, Orland, Worth) Council on Aging

708-361-0219

Proviso Township (except Villages of Brookfield and LaGrange Park)

West Suburban Senior Services 708-547-5600

Lyons and Riverside Townships, Villages of Brookfield and LaGrange Park

Southwest Suburban Center on Aging 708-354-1323

Stickney Township

Stickney Township Office on Aging 708-636-8850

NOTE: This list of Elder Abuse Provider

Agencies also may be found at

www.state.il.us/aging under the

Directory of Agencies and Organizations Serving Seniors.

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Aurora

Mutual Ground, Inc. 630-897-8383 P.O. Box 843 Aurora, IL 60507

Counties Served: Southern Kane, Kendall

www.mutualgroundinc.com Belleville

Call For Help Sexual Assault Victims Care Unit

618-397-0975 9400 Lebanon Rd. Edgemont, IL 62203

Counties Served: Jefferson, Hamilton, Madison, Monroe, Randolph, St. Clair, Wayne

www.callforhelpinc.org

Call For Help Sexual Assault Victims Care Unit

618-397-0975

129 N. 8th St., Rm. 469 East St. Louis, IL 62201 www.callforhelpinc.org

Madison County Call For Help, Inc. 618-452-2763

2013-D Johnson Rd. Granite City, IL 62040 Counties Served: Madison www.callforhelpinc.org Bloomington

Stepping Stones Sexual Assault Services

800-570-7284 1201 N. Hershey Rd. Bloomington, IL 61704 Counties Served: McLean Carbondale

Rape Crisis Services of the Women's Center

800-334-2094 610 S. Thompson Carbondale, IL 62901

Counties Served: Franklin, Jackson, Johnson, Perry, Saline, Union, Williamson

www.thewomensctr.org

Rape Crisis Services of the Women's Center 800-334-2094 100 Tower Square P.O. Box 1645 Marion, IL 62959 www.thewomensctr.org Charleston/Mattoon

Counseling & Information for Sexual Assault/Abuse

866-288-4888

10499 N. State Hwy., R.R. #1 Robinson, IL 62454

caisa@joink.com

Sexual Assault Counseling & Information Service

888-345-2846 P.O. Box 858

Charleston, IL 61920 sacisch@consolidated.net Counties Served: Coles, Crawford, Cumberland, Jasper, Lawrence, Richland www.sacis.net

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Chapter 3 — Illinois Coalition Against Sexual Assault

The Illinois Coalition Against Sexual Assault (ICASA) is a not-for-profit corporation of 34 community-based sexual assault crisis centers. Several centers have satellite offices serving rural areas of the state and urban neighborhoods that are traditionally underserved.

ICASA centers assist survivors of sexual assault. Each ICASA center provides counseling and advocacy to female and male victims of all ages as well as to family members and friends of victims. These specialized services support survivors of sexual assault, child sexual abuse, acquaintance rape, sexual harassment and incest. The center's work may begin shortly after a victim is raped or years after an assault. In either case, the crisis center provides free and confidential services to promote healing and advance justice.

ICASA's centers also conduct extensive prevention education programs in schools and with civic organizations and other community groups. ICASA produces a variety of materials available to the public, including television and radio ads, brochures and training materials. It also has a library of more than 1,500 books, magazine articles and journals available to the public.

For a complete list of rape crisis centers and more information on ICASA, visit www.icasa.org. Contact with an ICASA center is completely confidential.

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Chicago

Austin Community Satellite 888-293-2080

101 Madison Ave., Ste. 212 Oak Park, IL 60302

Community Counseling Centers of Chicago

888-293-2080 Quetzal Center 2525 W. Peterson Ave. Chicago, IL 60659 Counties Served: Cook www.c4chicago.org Mujeres Latinas En Accion 888-293-2080

2124 W. 21st Pl. Chicago, IL 60608 Counties Served: Cook

www.mujereslatinasenaccion.org/SA.html Pillars Community Services` Midway Center

888-293-2080 4033 W. 63rd St. Chicago, IL 60629

Counties Served: Chicago communities of Ashburn, Chicago Lawn, Clearing, Gage Park, Garfield Ridge, West Eldson and West Lawn.

Pillars Midway Center Arab American Services

888-293-2080 4033 W. 63rd St. Chicago, IL 60629

Counties Served: Chicago communities of Ashburn, Chicago Lawn, Clearing, Gage Park, Garfield Ridge, West Eldson and West Lawn.

RVA-Cook County Hospital Satellite 888-293-2080

1901 W. Harrison, Ste. 419 Chicago, IL 60612

Rape Victim Advocates (RVA) 888-293-2080

228 S. Wabash Ave., Ste. 240 Chicago, IL 60604

Counties Served: Cook www.rapevictimadvocates.org

YWCA of Metro. Chicago RISE Children's Center

888-293-2080

300 S. Ashland, Ste. 301 Chicago, IL 60607 ywcachicago.org/rise.htm

YWCA of Metropolitan Chicago Loop Women's Services

888-293-2080

360 N. Michigan Ave., 8th Fl. Chicago, IL 60601

Counties Served: Chicago Loop

www.ywcachicago.org/programs.html?n xc=2981058560457103&nxd=1056722 3131/

YWCA of Metropolitan Chicago -Englewood Satellite

888-293-2080

641 W. 63rd St.., Lower Level 34 & 35 Chicago, IL 60621

YWCA of Metropolitan Chicago - Harris Center

888-293-2080 6200 S. Drexel Ave. Chicago, IL 60637 Counties Served: Chicago

neighborhoods of Roseland, Englewood, Woodlawn, Grand Boulevard, South Chicago, Hyde Park.

ywcachicago.org/harris.htm YWCA of Metropolitan Chicago -Lawndale

888-293-2080

3333 W. Arthington, #150 Chicago, IL 60624

Counties Served: Chicago

neighborhoods of Lawndale, Garfield, Park, Douglas Park and UIC.

ywcachicago.org/lawndale.htm

YWCA of Metropolitan Chicago - Logan Square

888-293-2080

3853 W. Fullerton, 2nd Fl. Chicago, IL 60647

Counties Served: Chicago

neighborhoods of Logan Square, Wicker Park and Humboldt Park.

ywcachicago.org/logansq.htm

YWCA of Metropolitan Chicago -Uptown Outreach

888-293-2080

4753 N. Broadway, Ste. 602 Chicago, IL 60640

Danville

Paris Regional Office 888-549-1800 505 W. Washington Paris, IL 61944 reachparis@yahoo.com REACH -Danville 217-443-5566 201 N. Hazel St. Danville, IL 61832

Counties Served: Clark, Edgar, Vermillion DeKalb Safe Passage 815-756-5228 P.O. Box 621 DeKalb, IL 60115-0621 Counties Served: DeKalb Decatur

Growing Strong Sexual Assault Center 217-428-0770

270 W. Prairie St. Decatur, IL 62523

Counties Served: Dewitt, Macon, Moultrie, Piatt, Shelby

www.growingstrongcenter.org Elgin

Community Crisis Center 847-697-2380

P.O. Box 1390 Elgin, IL 60121

Counties Served: Kane (northern half), Cook (northwest collar townships), Dekalb, DuPage, McHenry

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Galena

Riverview Center Inc. 888-707-8155 705 S. Dodge Galena, IL 61036

Counties Served: Carroll, Dubuque (Iowa), Jo Daviess,

www.riverviewcenter.org

Riverview Center Inc. Carroll County Sat.

877-273-7772

9317 IL Route 84, Unit A Savanna, IL 61074 ed@riverviewcenter.org

Riverview Center, Inc., Dubuque County Sat.

888-557-0310

2600 Dodge St., Ste. D4 Dubuque, IA 52001 Glen Ellyn

YWCA West Suburban Center 630-971-3927

739 Roosevelt Rd., Ste. 8-210 Glen Ellyn, IL 60137

Counties Served: DuPage www.ywcachicago.org Gurnee

Lake County Council Against Sexual Assault

847-872-7799 4275 Old Grand Ave. Gurnee, IL 60031

Counties Served: Lake, McHenry, Northern Cook

www.lacasagurnee.org Joliet

Sexual Assault Service Center 815-730-8984

1550 Plainfield Rd. Joliet, IL 60435

Counties Served: Kendall, Grundy, Will www.guardianangelhome.org

Kankakee

Kankakee County Center Against Sexual Assault

815-932-3322 1440 W. Court St. Kankakee, IL 60901

Counties Served: Iroquois, Kankakee www.kc-casa.org

Macomb

WIRC-CAA Victim Services 309-837-5555

P.O. Box 157 Macomb, IL 61455

Counties Served: Hancock, Henderson, Knox, McDonough, Warren

McHenry

Pioneer Center/VOICE 800-892-8900 4001 Dayton St. McHenry, IL 60050 Counties Served: McHenry pioneercenter.org

Peoria

Center for the Prevention of Abuse/InnerStrength 800-559-SAFE P.O. Box 3855 Peoria, IL 61612

Counties Served: Peoria, Tazewell, Woodford Princeton Freedom House 800-474-6031 440 Elm Place Princeton, IL 61356

Counties Served: Bureau, Henry, Marshall, Putnam, Stark

Quad Cities

Quad Cities Rape/Sexual Assault Counseling Program

309-797-1777 1521 47th Ave. Moline, IL 61265

Counties Served: Rock Island, Henry, Mercer

Quincy

Pike County Satellite Office 800-369-2287

941 W. Washington Pittsfield, IL 62363-1355

Quanada Sexual Assault Program 800-369-2287

521 State, Ste. B Quincy, IL 62301

Counties Served: Adams, Brown, Hancock, Pike, Schuyler

www.quanada.org Rockford

Rockford Sexual Assault Counseling, Inc. 815-636-9811

4990 E. State St. Rockford, IL 61108 exdrrsac23@aol.com

Counties Served: Boone, Dekalb, McHenry, Ogle, Stephenson, Winnebago,

www.comportone.com/RSAC/home.htm Rockford Sexual Assault Counseling, Inc.

815-636-9811

303 Andrews Dr., Ste. 304 Belvidere, IL 61008

Rockford Sexual Assault Counseling, Inc.

815-636-9811 1201 S. 7th St., #109 Rochelle, IL 61068 Springfield

Prairie Center Against Sexual Assault 217-753-8081

3 West Old State Capitol Springfield, IL 62701

Counties Served: Cass, Christian, Green, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Sangamon, Scott www.prairiecasa.org

Prairie Center Against Sexual Assault 217-753-8081

2001 W. Lafayette Ave. Jacksonville, IL 62650 www.prairiecasa.org

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Sterling

YWCA of the Sauk Valley 815-626-7277

412 1st Ave. Sterling, IL 61081

Counties Served: Lee, Whiteside YWCA of the Sauk Valley 815-288-1011

115 W. 1st St., Ste. 200 Dixon, IL 61021

Streator ADV & SAS 800-892-3375 P.O. Box 593 Streator, IL 61364

Counties Served: LaSalle, Livingston ADV & SAS

800-892-3375 110 W. Water St. Pontiac, IL 61764 ADV & SAS 800-892-3375

815 N. Orlando Smith Ave., Rm. C-212 Oglesby, IL 61348

ADV & SAS 800-892-3375 106 W. LaFayette St. Ottawa, IL 61350 Suburban Cook Northwest CASA 888-802-8890 415 W. Golf Rd., Ste. 47 Arlington Heights, IL 60005 Counties Served: Suburban Cook (North, NW Suburbs), McHenry

Pillars Community Services` CARE Center

708-482-9600 6915 Cermak Rd. Berwyn, IL 60402

Counties Served: West Suburban communities of Berwyn, Broadview, Cicero, Forest Park, Hillside, Maywood, Oak Park, River Forest and Westchester. The Pillars Community Services

708-482-9600 8020 W. 87th St. Hickory Hills, IL 60457

Counties Served: Lyons Township YWCA South Suburban Center 708-748-5672

320 W. 202nd St.

Chicago Heights, IL 60411

Areas Served: Chicago city limits to the north, to Indiana on the east, the Des Plaines River to the west, and boundary between Cook and Will Counties. Urbana/Champaign

A Woman's Fund, Inc. Rape Crisis Services

217-355-5203 310 W. Church St. Champaign, IL 61820

Counties Served: Champaign, Douglas, Ford, Piatt

217-355-5203

204 W. Washington, 2nd Fl. Monticello, IL 61856

217-355-5203 237 N. Garrard St. Rantoul, IL 61866 Vandalia

Sexual Assault & Family Emergencies 800-625-1414

1410 Sunset Dr., Ste. G Vandalia, IL 62471 safe@safecrisiscenter.org

Counties Served: Bond, Clay, Clinton, Effingham, Fayette, Marion,

Washington

www.safecrisiscenter.org

730 E. 2nd St. P.O. Box 225 Centralia, IL 62801

P.O. Box 1641 Effingham, IL 62401

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Chapter 4 — Illinois Coalition Against Domestic Violence

The Illinois Coalition Against Domestic Violence (ICADV). ICADV is a non-profit corporation governed by a Board of Directors comprised of delegates from voting member domestic violence programs. ICADV was formed to develop, coordinate and expand efforts to provide services to victims of domestic violence. It advocates for changes in the civil and criminal justice systems to allow for more protection for battered women and their children and to hold perpetrators accountable for their actions.

ICADV has more than 50 member programs in Illinois who served more than 47,000 adults (95% women) and 10,000 children in fiscal year 2005. Services include a 24-hour hotline, emergency shelter, court advocacy, and individual and group counseling. Domestic violence programs also provided public education to more than 111,000 persons, and

professional training to more than 35,000 persons from the medical, criminal justice and various social services fields. More than 193,000 calls were made to domestic violence hotlines across Illinois.

Definition of Domestic Violence

“A pattern of coercive control that one person exercises over another.” Domestic violence is not limited to physical violence, but also includes verbal abuse, emotional abuse and economic abuse. It can be progressive social isolation, deprivation and intimidation. Domestic violence is a power game; its purpose is for the abuser to control the victim in whatever form(s) it takes.

About 95 percent to 97 percent of the domestic violence cases have women as the victims and men as the perpetrators. For the purposes of this publication, male pronouns are used to refer to the perpetrators and female pronouns are used to refer to the victims of domestic violence.

Confidentiality

Confidentiality is a critical component when providing any type of services to victims of domestic violence. A victim's trust, willingness to reach out for assistance, safety and self-determination hinges on strict adherence to confidentiality. A victim will not reach out for assistance if she feels her request will be discussed with others. Any agency providing information and referrals to victims of domestic violence should have guidelines in place concerning professional ethics and boundaries with regard to confidentiality.

Types of Domestic Abuse

Physical Abuse — pushing, punching, choking, burning, shooting, dragging, restraining, locking in the house, throwing down

stairs, kicking, poking, slapping, cutting, tripping, raping, holding down, hair pulling, squeezing, suffocating, kidnapping, etc.

Verbal Abuse — name calling, yelling, making demeaning comments, nagging, cussing, threatening, belittling, constant

phone calls, actively undermining her authority with children, telling her that she is a bad parent, telling her she can't control her kids, setting her up so that he can humiliate her in public or in front of family and friends.

Sexual Abuse — making degrading sexual comments, forcing sex, assaulting breasts or genitals, forcing a partner to have

sex with a third person, criticizing appearance, bragging about infidelity, forced cohabitation.

Emotional Abuse — making threats of violence, forcing her to do degrading things, controlling her activities, frightening

her or using her children or grandchildren as leverage against her, killing a family pet, creating crisis, embarrassment, threatening to tell others about sexuality in the case of gays/lesbians.

Financial (Economic) Abuse — destroying property, prized possessions, relatives' property; taking her money; denying her

money; restricting access to household finances and withholding medical treatment; not allowing her to work or attend school; forcing her to work.

Neglect — omitting or failing to do what a reasonable person should do under the circumstances, including failure to

provide food, shelter, clothing and personal hygiene to a dependent person who needs such assistance; failure to take care of the needs of the dependent person; and failure to protect the dependent person from health and safety hazards.

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Verbal Abuse and Controlling Behavior — Verbal abuse and controlling behavior occur early in a relationship and continue

throughout as it increases in severity. Victims often report that this type of abuse is more difficult to heal from than the physical injuries because the abuse is such a betrayal of trust and injurious to self-esteem. Its purpose is to undermine the victim's independence, make her feel bad about herself, and get her to take the responsibility for whatever is wrong. Controlling behavior can begin with dating relationships and continue for a long period of time. It is initially interpreted as love by both the abuser and victim. These behaviors include jealousy, mistrust, obsession, isolation and sabatoge of the victim.

Cycle of Violence

Phase 1 — Buildup or Escalation

The buildup or escalation phase is when the batterer is building up his stress and tension. Arguments are unresolved. Resentments are saved and built up. Problems are not dealt with. Feelings are kept in and turned into anger, or the abuser may become increasingly more controlling or cruel without exhibiting anger. Many batterers increase their alcohol/drug use and try to avoid conflict. This is when the cues start to occur. This phase can be of a long or a short duration. The higher the stress and buildup, the harder it is to take time out and avoid abusive behavior.

The woman tries to calm the man by becoming nurturing and compliant, either anticipating his every want or staying out of his way. She accepts his abusiveness as legitimately directed toward her, and she believes she can prevent his anger from escalating. She becomes his accomplice by accepting some of the responsibility for his abusive behavior by:

■ not permitting herself to get angry with the batterer.

■ using her psychological defense of denying her own anger at being unjustly hurt both psychologically or physically. ■ minimizing the isolated violent incidents.

■ denying her terror of the inevitable battering.

She believes she has control over his behavior. As the tension builds, it becomes more difficult to make the coping

techniques work, so she withdraws or blows up at him. As she withdraws or escalates herself under the stress, he looks for an expression of her anger and the tension continues to escalate.

Phase 2 — Acute Battering

This phase begins when the abusive or violent behavior occurs, characterized by the purposeful discharge of tensions. This includes all abuse, whether “minor” or “severe.” The batterer tries to control the situation with his abuse and generally justifies his behavior. He thinks he has a lack of predictability and lack of control. The abuse may get worse if the batterer finds it hard to keep control of the situation and/or partner. If she resists, the batterer may become more violent.

Sometimes the woman will provoke the batterer because she can no longer tolerate the overwhelming stress and fear. She doesn't feel the pain as much as she feels psychologically trapped and unable to flee. She often minimizes her injuries. After the incident she may feel listless, depressed and helpless. She often tends to isolate herself for 24 hours to several days before getting help.

Phase 3 — Sorrowful or Conditional Remorse

The period following the abuse has been called the honeymoon or sorrow phase. This phase is often characterized by an unusual calm. The batterer may feel physically relieved and be sorry or shameful. He tries to make it up to her by behaving in a constantly charming and loving manner. Gifts and promises of better behavior are common. He often apologizes, begs her forgiveness, and tries to be affectionate. He promises never to do it again and believes he can control himself from now on. If she has left, he pleads to get her back, often enlisting family and friends. He promises anything, even going for couples counseling or to a treatment program for batterers.

His reasonableness supports her belief he can change. She gets a glimpse of her original attraction to him and identifies the good strong man she loves. She will do anything to patch things up, and he reminds her that he needs her and may commit suicide if she doesn't come back. This is where symbiotic bonding takes hold. She is not getting all the rewards of being married and is bought off as an accomplice to her battering, which adds to her self-hatred and embarrassment. This phase gets shorter after several incidents. The apologies and promises become worthless. The abuser begins to blame his partner more and more. For some women, this phase ceases to exist. For others, there never is a sorrow/de-escalation stage; instead, they endure an endless cycle of violent incidents without any acknowledgment of wrongdoing.

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Characteristics of Batterers and Victims

Batterers — Batterers are found in all socio-economic levels, all educational, racial and age groups. The batterer is

characterized by poor impulse control, explosive temper and limited tolerance of frustration. Veiled symptoms of character logic dysfunction; sophistication of symptoms and success at masking dysfunction vary with level of social and educational sophistication. Emotional dependency subject to secret depressions known only to family. Limited capacity for delayed reinforcement, very “now” oriented. Insatiable ego needs has quality of child-like narcissism (not generally detectable to people outside the family group.) Low self-esteem, perceived unachieved ideals and goals for self, disappointment in career even if successful by others’ standards. Qualities that suggest great potential for change and improvement (i.e., “promises for the future”).

Batterers tend to minimize and deny their violent behavior due to the embarrassment, guilt and shame they feel. They also do this because it is in their best interest to do so. They deny it so they do not have to face the criminal charges for the battering. Batterers also tend to blame others, especially the woman that they are abusing, for their violent behaviors. He shows this blame by saying things like, “If only she would have dinner ready, I would not have had to hit her” or “She knows not to push me too far when I am in a bad mood. She should have backed off and I would not have had to hit her.” Men who batter usually depend on the woman they are battering for the sole source of love and support. They expect the woman to have only him in her life. Consequently, they isolate the woman from her family and friends. This isolation may help her to avoid further violent attacks. He also is very jealous. He sees outsiders as intruders. He thinks that these

“intruders” are here to take her away from him. He is suspicious and paranoid that she is unfaithful to him with any other man she speaks to and the women that she speaks to also.

Battered Mates — Battered mates are found in all socio-economic levels, all educational, racial and age groups. The

battered mate is characterized by long-suffering, martyr-like endurance of frustration. Blatant depressive and/or hysterical symptoms, stress disordered and psychosomatic complaints. Economic and emotional dependency, subject to depression, high risk for secret drugs and alcohol, and home accidents. Unlimited patience for discovery of “magic combination to solve problems; can “travel miles” on tiny bits of reinforcements. Unsure of own ego needs, defines self in terms of family, job, etc. Low self-esteem; continued faith and hope battering mate will get “lucky break.” Unrealistic hope that change is eminent; belief in “promises.” Gradually increasing social isolation, including loss of contact with own family. Can never convince partner of loyalty, futility. Guards against accusations of “seductive” behavior toward other men. Common characteristics include:

■ Low Self-Esteem — Battered women typically underestimate their abilities. The batterer repeatedly tells her she is incompetent and unable to function on her own. Because women often define themselves by their success or failure as a partner or mother, when things are not going well at home, even if they are successful on the job or in other areas of their lives, their self-esteem is adversely affected. A battered woman assumes responsibility for her mate's behavior. Society's belief is that he would change if only she would change (i.e., if she could stop making mistakes and do things right; if she would only close her mouth, etc., his behavior would improve.)

■ Traditional Beliefs — Typically, whether a battered woman feels that a woman's role in a relationship is to nurture the man, maintain the household and take care of the relationship, his violence soon shows her that these traditional modes of behavior keep her safer than more “liberated” forms of behavior. She may continue her job out of economic necessity and/or because she loves it. It may be the only respite from her husband's constant monitoring of her behavior; however, she may feel guilty about her choice. Conversely, she may give her job up either willingly or unwillingly, hoping that giving up the job will give her partner some security and he will then be happy. Frequently, this creates real economic hardship on the family, adding further stress. Some battered women turn their paycheck over to their partner, who takes over decisions about how family income is spent. Although the woman may be holding the entire family together emotionally and perhaps even financially, nevertheless, the man is still seen as the head of the house.

■ Stress Reactions/Psychological and Physiological Problems — Battered women often suffer from a variety of minor ailments such as fatigue, restlessness, sleep problems (disruption, inability to sleep) and headaches. They also may complain of depression and anxiety and are generally suspicious and secretive. Suspiciousness resulting in secretiveness is usually well-founded; these behaviors help battered women cope with violence by increasing their perception of control over their lives and the batterer, avoiding some beatings and obtaining a few moments of privacy from their excessively intrusive men. The manipulative behavior that results does help protect many battered women from more serious injury.

Illinois Crime Victim s Compensation Program