Illinois Consent Education Law vs. Indiana SB 442: Why Teaching Consent is Critical to Preventing Sexual Abuse

Consent Education: A Key to Preventing Sexual Abuse in Schools
At Tamara Holder Law, we represent survivors of sexual abuse throughout Illinois and beyond.
One of the most powerful tools we have to prevent abuse before it happens? Comprehensive
consent education.

Unfortunately, not all states agree on how—or even whether—to teach students about sexual
consent. A recent controversy in Indiana over Senate Bill 442 (SB 442) illustrates the ongoing
battle over whether schools should be required to teach this life-saving information.

Indiana’s SB 442: The Debate Over Consent in Schools
Senate Bill 442 in Indiana initially included a mandate to teach students about the importance of
consent as part of human sexuality education. That provision was then removed—sparking
public backlash—before ultimately being restored in the final version.

While the bill’s passage is a step forward for consent education in Indiana, the episode reveals
how fragile progress can be when sexual health education is politicized.

Illinois Consent Education Law: A Stronger, More Proactive Approach
In contrast, Illinois requires schools that offer sex education in grades 6–12 to include
consent instruction. This requirement, enacted under Public Act 101-0579, ensures students
learn that:

Consent must be freely given, informed, and enthusiastic.
One act of consent does not imply ongoing or future consent.
Consent can be revoked at any time.
Individuals cannot consent when intoxicated, unconscious, or otherwise incapacitated.
Clothing or flirting does not equal consent.

Further strengthening this commitment, the Keeping Youth Safe and Healthy Act aligns
Illinois’ sex education standards with the National Sex Education Standards, covering topics
like consent, sexual orientation, gender identity, and healthy relationships.

Sexual Abuse in Illinois: Why Early Education Matters
Illinois’ approach isn’t just policy—it’s a response to sobering statistics:

11.6% of high school students in Illinois report experiencing sexual violence in the past year.
8.8% were physically forced to have sex.
An estimated 1 in 4 girls and 1 in 6 boys are sexually abused before age 18.
90% of abused children know their abuser.
70% never disclose the abuse to anyone.

These figures show just how urgent and essential early consent education is in Illinois and across the country.

What Our Law Firm Sees Every Day
As Illinois sexual abuse attorneys, we work with survivors who were never taught the language
of consent or didn’t understand their right to say “no.” Many share how they felt ashamed or
confused after being assaulted—feelings that better education might have helped prevent.

Consent education isn’t just about information—it’s about protection, empowerment, and
prevention.

Illinois vs. Indiana: Two Different Paths, One Urgent Issue
Illinois has set a strong example with its laws on consent education. Indiana, while now
including consent instruction in SB 442, showed how vulnerable progress can be.

The difference between the two states sends a clear message: some lawmakers still treat consent
education as optional. But in reality, it’s a non-negotiable part of keeping students safe from
sexual abuse and assault.

Survivors Deserve Support. We’re Here to Help.

If you or someone you care about has experienced sexual abuse, you are not alone. At Tamara
Holder Law, our experienced team of Illinois sexual abuse attorneys provides compassionate,
trauma-informed legal representation.
We handle cases involving:

Sexual abuse and Title IX violations in educational settings, including K–12 schools,
colleges, universities, and fraternity-related misconduct
Institutional abuse (churches, detention centers, medical facilities)
Child sexual abuse
Civil lawsuits for damages against abusers and negligent institutions

Let us fight for the justice and healing you deserve. Contact us here, or by calling 312-440-9000.