Sexual Assault and Abuse

Sexual assault is a form of criminal assault that involves sexual conduct or contact. It is generally considered a very abhorrent crime because the perpetrator often occupies a position of trust in relation to the victim.

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In Illinois, there are varying degrees of sexual assault. They are classified as criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault and sexual abuse.

Criminal Sexual Assault

Criminal Sexual Assault occurs when a person sexually contacts or penetrates an individual, and one of the following conditions exists:

• Force, or the threat of force
• The victim is under 18 years old and the perpetrator is a family member
• The victim is at least 13 years old, but under 18 years old (the legal age of consent), the perpetrator is 17 years of age or older, and is held in a position of authority in relation to the victim
• The perpetrator knows that the victim does not understand or consent to the contact, or the victim is unable to give consent.

720 ILCS 5/12-13

Aggravated Criminal Sexual Assault

Aggravated Criminal Sexual Assault is committed when a person commits Criminal Sexual Assault and one of the following aggravating factors is present.

• Bodily harm
• Use of a dangerous weapon
• Threatening the life of the victim or others
• The victim is over 60 or physically handicapped
• The perpetrator delivered a controlled substance to victim
• The perpetrator was armed with a firearm
• The perpetrator discharged a firearm
• The perpetrator discharged a firearm during the act that caused bodily harm or death.
• Another felony was committed during the act.

720 ILCS 5/12-14

Predatory Criminal Sexual Assault

Predatory Criminal Sexual Assault occurs if the perpetrator is 17 years or old and has sexual contact or penetration with a victim under the age of 13 years old. If great bodily injury or life threatening injuries occur, the courts will seek a harsher sentence.

720 ILCS 5/12-14.1

Criminal Sexual Abuse

Criminal Sexual Abuse occurs when a perpetrator:

• Forcibly engages in sexual conduct or contact, or
• Sexual contact or penetration occurred with a victim between the ages of 13 and 16, and the perpetrator is less than five years older than the victim.
• Sexual contact or penetration occurred with a victim between the ages of 9 and 16, and the perpetrator was 16 or younger.

720 ILCS 5/12-15

Sexual Assault Penalties

Criminal Sexual Assault is categorized as a Class 1 Felony in Illinois, which carries with it some stiff consequences. The jail time for Criminal Sexual Assault can range from 4 years to 15 years, and fines in excess of $25,000. Penalties increase if the charge is upgraded to aggravated or predatory.

Even though those found guilty of sexual assault may be eligible for parole, Illinois has enacted a rule called the Truth in Sentencing law, which requires certain offenders to serve a minimum of 85% of their prison sentence. Criminal Sexual Assault perpetrators are subject to the Truth in Sentencing law.

Any person found guilty of Criminal Sexual Assault will be required to register as a sex offender as part of their sentencing. Upon completion of their jail time, the perpetrator will be required to register as a sex offender once a year for a 10-year period. It costs $100 to initially register as a sex offender, and $100 to re-register each year. After a successful completion of 10-year registration, the perpetrator will no longer be required to register and the information will be removed from the sex offender database.

Naperville Sexual Assault Attorney

If a person is found to be a “sexual predator” by the courts, they will need to register as a sex offender for the rest of their life. Contact the Illinois lawyers at Appelman Law today for your free consultation: (630) 717-7801.