Defining Criminal Sexual Abuse and Assault in Illinois

 Posted on February 05, 2024 in Criminal Defense

Sex crimes are particularly egregious offenses and being charged with one can have a major impact on your life. Regardless of whether there is a conviction or not, the charge will make its way onto a permanent criminal record, which can be incredibly damaging to your future. The most serious sex crimes in Illinois are criminal sexual abuse and criminal sexual assault. Even just an accusation of one of these crimes can cause irreparable harm and should be taken seriously. Involving an attorney may be the only way to ensure your rights are defended.

Criminal Sexual Abuse

Criminal sexual abuse in Illinois is committed when:

• A person forces or threatens another person into a sexual act

• A person knowingly commits a sexual act on another person who does not understand what is going on or who is unaware the act is being committed

• A person of 17 years of age performs a sexual act or sexually penetrates a person who is at least 9 years of age but younger than 17

• A person performs a sexual act on or sexually penetrates a person between the ages of 13 and 16, and is less than five years older (i.e. 19-year-old with a 16-year-old)

The definition outlines a person having sex with another person who is passed out as sexual abuse. It also defines that even for couples who are only three years apart but where one party is under the age of 17 when engaging in sexual activity, the person over the age of 17 is committing sexual abuse according to state law.

Aggravated sexual abuse is any of the above combined with any of the following factors:

• The accuser is threatened with a deadly weapon

• The alleged abuser causes bodily harm to the accuser

• The accuser is an elderly individual of 60 years or older

• The accuser has a disability

• The alleged abuser committed the act of sexual abuse while committing or attempting to commit a felony

• The alleged abuser drugs the accuser without consent to commit the act

• The accuser is a family member under the age of 18

Criminal Sexual Assault

Criminal sexual assault in Illinois is committed when:

• A person commits sexual penetration through the use of force

• A person knowingly commits sexual penetration on someone who cannot give consent or is unable to understand the nature of the act

• A person commits sexual penetration on a family member under the age of 18

• A person 17 years of age or older who holds authority over another other person between the ages of 13 and 17, commits sexual penetration to that person

Sexual penetration is any contact between one person’s sex organ or anus and another person’s sex organ, anus, or mouth. Penetration can also be caused by an object entering the other person’s sex organ or anus.

Contact a DuPage County, IL Criminal Defense Attorney

Being accused of a sex crime is not something you can easily make disappear. It is a very real and very dire situation that should be handled by an experienced Naperville, IL sex crimes defense lawyer. The Law Office of Philip R. Nathe is at your disposal and will work diligently to create a masterful defense on your behalf. Contact our office at 630-416-7600 for a free consultation where we can discuss your case at length.