Long story short. Approximately 20 years ago I was sitting in my vehicle in a parking lot when a minivan pulled up behind me and several undercover officers jumped out of the minivan, simultaneously someone (an out of uniform cop) opened my car door. Everyone is pointing guns at me. Someone starts yelling "he's eating it. He's eating it." I replied that I'm not eating anything. One of the officers says "open your mouth then" I open my mouth. Then one of the cops proceeds to put a gun in my mouth and make some homosexual statements about how I probably enjoy it, etc. After this I was arrested and my car impounded. I witnessed these same officers violently beat another suspect at the police station while I was under arrest. I understand there is a statute of limitations. However I am considering this a rape due to the fact that I was orally violated with a firearm while they made sexual comments about it. There is no statute of limitations on rape in Illinois. Someone please help. This has plagued me for 20 years. I have seen and continue to see mental health professionals regarding the ptsd and other issues this event has left me with. Please let me know if anyone wants to help or point me in the right direction of someone that can help in a legal manner. This happened in the grand and central district. Do I have a case? TIA
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3"Do I have a case?" - What does your lawyer say? This is far too deep for random comments from the internet.– WPNSGuyCommented Mar 30 at 23:27
1 Answer
No longer
An officer putting a gun in someone's mouth while in uniform is a rather classic 42 USC 1983 claim for violating your clearly established rights. In this case, putting a gun in your mouth is a violation of search and seizure, not sexual assault. However, the Statute of Limitations for such an action is usually 2 years from the incident. 20 years is long enough that the only statutes of limitations that have not run are those without or very long ones, such as for murder or international crimes.
a gun in the mouth is not sexual assault in illinois
720 ILCS 5/11-1.20 defines Sexual assault. In other states this law might be called rape, but Illinois calls it sexual assault. That does not make it assault with sexual remarks, it's after all defined with the following sentence.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
[4 factors of which one would suffice]
Sexual penettration itself is defined in 720 ILCS 5/11-1.1:
"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
At this crucial requirement, the gun in the mouth fails: No Sex organ or Anus of either person is involved to be touched or penetrated, so it can not be sexual penetration under the definition, not even with sexual remarks. This also precludes the variants of sexual assault (=rape), as they require sexual assault, which requires sexual penetration.