Chicago Injury Attorney Blog

In Illinois, a 25-year-old University of Chicago student is suing the school for personal injury. The woman, who was raped when she went on a date four years ago, says she sought help at the Student Care Center following the incident but that the nurses there failed to use a rape kit to collect medical evidence to show she had been sexually assaulted.

Her Chicago personal injury lawsuit contends that prosecutors decided not to press criminal charges against her attacker because there was no medical evidence. The plaintiff claims that not securing the rape kit violated Illinois law, as well as the standards of care she should have received at the care center. She also says that she suffered serious emotional damage, including fear, shame, post-traumatic stress disorder, and anxiety, because her attacker was never brought to justice.

Her Illinois personal injury lawsuit had been dismissed on two occasions. A Cook County judge, however, gave the plaintiff permission to refile her claim to include more specific claims. This week, the judge is expected to determine whether the case can proceed.

According to the plaintiff’s complaint, state statutes and medical standard of care required that the student care center gather evidence and document her injury. She also contends that the center should have had procedures in place for administering the rape kit. The university, however, maintains that it was the woman who declined to be examined and evaluated for evidence that she was sexually assaulted.

The victim had filed an Illinois personal injury lawsuit against her attacker. A civil ruling determined that the plaintiff was raped. The parties reached a confidential settlement regarding this matter.

Rape Kit
A rape kit is used in medical facilities to collect evidence that a victim has been raped. The evidence, which is gathered and stored, can be used in court.

College Rape Facts:
• 1 out of 4 college women is the victim of sexual assault.
• 1 out of 8 college women will be raped.
• 84% of the rape victims knew their attackers.
• More than half of college rapes are date rapes.

Statistics on College Rape, Bates.edu

U. of C. says woman filing suit had 'declined' rape exam, Sun-Times.com, April 2, 2009

Student feels violated twice, Sun-Times, April 1, 2009

Related Web Resources:
Student Care Center at the University of Chicago

Rape on College Campuses, Chicago Tribune, December 2, 2007