What is a Criminal Sexual Abuse Charge in Chicago, Illinois?
Generally a Class A misdemeanor, offense, this charge can be elevated to a Class 4 felony, if the conduct involved force, threat or with a victim unable to give consent, or a Class 2 felony, if the defendant is facing a second or subsequent conviction.
Criminal sexual abuse–the “sexual conduct or penetration of someone through force, threats or with a victim unable to give consent”- this charge usually comes up in situations involving minors or in relationships where there is only a small age difference, but where the law can still treat the sexual conduct as illegal.
Facing criminal sexual abuse charges in Chicago, Illinois? You can count on our experienced criminal defense team at Combs Waterkotte to fight for your rights. Speak to our Chicago criminal sexual abuse lawyers today at (314) 900-HELP.
What Constitutes “Lack of Consent” Under Illinois Law?
There are different situations that constitute lack of consent in Illinois. The most common situations include:
- Consent is not given
- Consent is withdrawn
- Age restriction: anyone under 17 years of age cannot legally consent to sexual acts
- Incapacity: or consent is unable to be given due to intoxication, disability or coercion
How Criminal Sexual Abuse Allegations Arise in Chicago
- Minor on Minor Contact: This occurs when one person is under age 17 and the alleged victim is between 9 and 16 years old.
- Adults and Minors with a Close Age Gap: This is when the defendant is 17 or older and the victim is between 13-16.
- Indecent Solicitation: This is when a child under 17 is lured to submit to a sexual act.
Allegations often involve individuals in positions of authority or trust such as teachers, counselors, coaches and health care providers. Additionally, if intoxication was involved or the alleged victim has a severe intellectual disability, the details surrounding the allegations can be unclear. If the alleged sexual touching occurred between family or household members, then domestic violence laws can come into play.
Regardless of the circumstances involved in your Chicago criminal sexual abuse case, these serious charges should not be taken lightly. When everything is on the line, our legal team at Combs Waterkotte can protect your rights and defend your reputation. Call our law firm today at (314) 900-HELP.
How Chicago Law Enforcement and Investigators Build Criminal Sexual Abuse Cases
These cases frequently begin with a report from an alleged victim, which triggers the gathering of evidence. Evidence can include forensic evidence, such as rape kits, medical records and digital evidence such as photos and videos.
During the investigation, police have to follow certain protocols, per the Sexual Assault Indecent Procedure Act. Interviews are typically conducted between the police and witnesses, the alleged victim and the accused.
When a minor is the alleged victim, child advocacy centers may get involved and provide resources such as medical exams, specialized interviews and more. The state attorney will determine if enough evidence exists to move forward with the case.
What the State Must Prove in a Chicago Criminal Sexual Abuse Case
There are several key elements the state will have to prove, in order to sustain a conviction. These include:
- A Sexual Act Occurred: That you touched or penetrated the alleged victim in a sexual manner
- Lack of Consent: That the alleged victim could not consent to your sexual act
- Coercion / Vulnerability: That you used force or threats of force or that you occupy a position of trust or authority in the alleged victim’s life
Prosecutors will rely on evidence such as police reports, medical records, photos, videos, forensic evidence and witness testimony to build their case. The standard of proof will rest upon the prosecution and they will have to prove their case ”beyond a reasonable doubt.”
Penalties for Criminal Sexual Abuse in Chicago
The penalties you will face will depend upon the circumstances surrounding your case. You are likely facing one of the following charges:
- Criminal Sexual Abuse: Usually a Class A Misdemeanor which comes with a sentence of up to one year in jail - this charge can be elevated to a felony if the alleged victim is under 13 or if you are in a position of trust
- Criminal Sexual Assault: This is a Class 1 Felony, which comes with a prison sentence of 4-15 years, which can be increased to 30 years if a prior conviction exists
- Aggravated Criminal Sexual Assault: This is a Class X Felony, which comes with a 6-30 year prison sentence, but which can be increased to life imprisonment in some situations
- Predatory Criminal Sexual Assault of a Child: This is a Class X Felony, with a minimum of 50 years to life in prison
In addition to time behind bars, a criminal sexual abuse conviction will also result in mandatory sex offender registration, substantial fines, counseling, and effects to your career, reputation and more.
Your Rights During a Chicago Criminal Sexual Abuse Investigation
You are not without rights while being investigated for Chicago criminal sexual abuse. Rights you should invoke include:
- The right to remain silent
- The right to a criminal defense lawyer
- The right to refuse searches
- The right to be presumed innocent
- The right to cross-examine witnesses
- The right to present a defense
- The right against self-incrimination
- The right to a fair and speedy trial
