Illinois law does not define a criminal offense called “rape.” Instead, the state uses the term “criminal sexual assault” to cover acts such as forcible rape, sexual penetration of an unconscious victim, and certain forms of statutory rape. A conviction for criminal sexual assault in Southern Illinois can lead to some of the harshest penalties under the law.
At Combs Waterkotte, we’ve defended clients from over 10,000 criminal prosecutions. Whether we base your defense strategy on consent, an alibi, or evidence of false accusations, our attorneys have the skills needed to build a strong case.
Read on to learn about:
- The range of penalties for criminal sexual assault in Illinois
- Mitigating factors that may reduce a sentence
- Aggravating factors that may result in a higher sentence
Typical Sentencing Ranges for Illinois Criminal Sexual Assault
Someone can be convicted of criminal sexual assault if a court finds that they have performed sexual penetration without consent under any of the following circumstances:
- With actual or threatened force
- While knowing that the victim cannot understand the act or give consent
- Against a family member under 18
- Against a victim between 13 and 18 by someone over 17 with a position of trust, authority, or supervision over them
In Illinois, aggravated criminal sexual assault is a separate offense from criminal sexual assault. This crime has unique elements and harsher penalties upon conviction.
Specifically, a conviction for criminal sexual assault is typically a Class 1 felony, although certain circumstances may push it to a Class X felony. A conviction for aggravated criminal sexual assault is always a Class X felony.
Class 1 Felony Criminal Sexual Assault
People convicted of a first offense of criminal sexual assault face Class 1 felony sentencing, including the following:
- A determinate prison sentence of 4 to 15 years
- A fine of $75 to $25,000
- Victim restitution
- Two years of supervision after release, including mandatory sex offender treatment
Illinois uses determinate sentencing, which means that the judge sets a sentence with a specific release date. The convicted person can earn credits for good behavior, reducing their prison term. But even without these credits, they have some certainty in their release date since the sentence imposed by the court will be the maximum time served.
Notably, criminal sexual assault is not eligible for alternate sentencing, such as probation, periodic imprisonment, or conditional discharge. Someone convicted of criminal sexual assault will face at least four years in prison.
Class X Felony Criminal Sexual Assault
Repeat offenses of criminal sexual assault become Class X felonies. In this context, repeat offenses happen when someone is convicted of Illinois criminal sexual assault after having previously been convicted of a similar crime in Illinois or another jurisdiction.
This does not apply when one case includes multiple charges of criminal sexual assault. To qualify as a repeat offense, the second or subsequent conviction must occur after the first case has led to a conviction.
Normally, Class X felonies carry the following sentences:
- A determinate prison sentence of 6 to 30 years
- A fine of $75 to $25,000
- Victim restitution
- Three years of supervision after release, including mandatory sex offender treatment
These terms may be imposed on anyone who commits a second or subsequent
offense of criminal sexual assault against a family member under 18, or one against a victim between 13 and 18 if they were in a position of trust or authority.
They may also apply to someone convicted of criminal sexual assault involving the use of force or threats after a prior conviction, or to someone whose second conviction involved a victim who was unable to understand or consent to sexual penetration.
The sentence depends on the nature of the prior conviction. A repeat offender faces a prison sentence of 30 to 60 years if the prior conviction was for either of the following:
- Criminal sexual assault
- Sexual exploitation of a child
An offender faces life imprisonment if the prior conviction was for either of the following:
- Aggravated criminal sexual assault
- Predatory criminal sexual assault of a child
The only way an offender can avoid this mandatory minimum sentence is if they were under 18 when the second or subsequent offense occurred.
Mitigating and Aggravating Factors Considered During Sentencing for Criminal Sexual Assault in Southern Illinois
The determinate sentencing structure used by Illinois requires judges to consider both mitigating and aggravating factors when choosing the term of imprisonment. In other words, the judge looks at the offender’s criminal history and the nature of the offense and then hands down a sentence length within the allowed range.
Under Illinois law, the following factors may be considered to mitigate the offense, thereby pushing the sentence toward the lower end of the range:
- No harm or threat of harm to the victim
- Strong provocation of the offender
- Substantial excuse or justification
- Inducement by someone else to commit the offense
- No prior criminal history
- Voluntary compensation to the victim for the damage or injury caused
- Conduct resulting from unique circumstances unlikely to recur
- Remorse
- Medical condition that might endanger the offender during incarceration
- Intellectual disability or serious mental illness
- Victim of domestic violence suffering from battered person syndrome
- Parent of a child who will be negatively affected by their parent’s absence
- Caregiver of an elderly, disabled, or sick relative
Conversely, a court may consider the following aggravating factors, which may push the judge toward the higher end of the sentencing range:
- Serious harm or threat of harm to the victim
- History of prior criminal activity
- Offender was paid to commit the offense
- Victim was elderly or physically disabled
- Victim was targeted because of their race, religion, ancestry, sexual orientation, or gender
- Offense occurred in a church or other place of worship
- Offense occurred while the offender was on pretrial release, probation, conditional discharge, or parole for another crime
- Gang-related offense
- Offense occurred in a school, daycare center, or nursing home
- Offense occurred on a school bus or public transit
- Offense occurred within 1,000 feet of a school or daycare center
- Offender held a position of trust, authority, or supervision over the victim
- Victim was in the custody or guardianship of the Department of Children and Family Services
- Offender committed multiple offenses against the same victim or multiple victims
Before the judge can take into account one of these aggravating factors, the prosecution must present evidence of it, and the court must find the evidence credible.
Contact Combs Waterkotte to Start Building Your Defense Against Criminal Sexual Assault Accusations in Illinois
A conviction for criminal sexual assault can result in several years, or even a lifetime, of imprisonment. Contact us online or at (314) 900-HELP to discuss your charges and the facts and circumstances that may be used in your defense.
