What You Should Know if You Are Charged With Sexual Assault in Illinois

 Posted on August 30, 2021 in Criminal Defense

Sexual assault allegations can have a detrimental impact on personal and professional relationships, even when they are false. Individuals who face this type of accusation should act quickly to protect their rights and their future. If you or a loved one are facing accusations of sexual assault or other sex crimes, it is important that you work with a criminal defense attorney who can dispute the charges and possibly get them reduced or dismissed. 

What Constitutes a Sexual Assault Charge?

Sexual assault occurs when one individual commits a penetrative sexual act against another person without that person’s consent or capacity to provide consent. This type of assault includes at least one of the following elements:

• Force is used or threatened 

• Awareness that the victim lacks the ability to give consent

• The accused individual is a family member of the victim and the victim is a minor

• The accused is at least 17 years of age and is in a position of power or trust over the victim, and the assault victim is between the ages of 13 and 18 years old. 

Included in sexual assault is statutory rape, which is when an adult has sex with a minor. Under Illinois law, minors cannot legally give consent. 

Because this type of assault often takes place in private,  trial proceedings are often complicated due to opposing perspectives of the events. 

What Are The Consequences of a Sexual Assault Conviction?

Illinois does not take sexual assault charges lightly. An individual convicted of criminal sexual assault can receive prison time upon conviction ranging from four to 15 years. This is a Class 1 felony which may also result in a fine of up to $25,000. If this is the perpetrator’s second offense, it will be classified as a Class X felony resulting in 30-60 years imprisonment. Alternatively, aggravated criminal sexual assault may result in a penalty of 6 to 60 years of prison time and a maximum fine of $25,000. 

It should also be noted that anyone convicted of sexual assault will be required to register as a sex offender. Other instances that require this registration include aggravated sexual abuse, indecent solicitation of an adult, and three or more convictions of public indecency. 

Contact Our Elgin, IL Sex Crime Defense Attorney

Sexual assault, along with other sex crimes, is a very serious accusation that carries very heavy penalties if a conviction arises. If you are facing charges of sex crimes including sexual assault, rape, and sexual abuse it is important to connect with a Kane County sex crimes attorney who can provide proficient representation and collect proper evidence to fight your case. Contact The Law Office of Brian J. Mirandola to schedule a free consultation by calling 847-488-0889.

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.50