What Is Criminal Sexual Abuse in Illinois?
Criminal sexual abuse is defined under 720 ILCS 5/11-1.50 as engaging in sexual conduct with a person who is unable to give legal consent, or using force or coercion to engage in sexual contact. Unlike criminal sexual assault, which involves penetration, criminal sexual abuse charges typically relate to unwanted or unlawful sexual touching.
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Illinois law recognizes several circumstances that may lead to this charge:
- Age-based consent violations: Engaging in sexual conduct with someone under 17, especially if the accused is 18 or older.
- Position of trust: Any sexual contact between a person age 17 or older and a minor (13–17) when the adult holds a position of authority, such as a teacher, coach, or caretaker.
- Inability to consent: If the alleged victim is unconscious, intoxicated, has a cognitive disability, or is otherwise unable to understand the nature of the act or express consent.
- Use of force or coercion: When physical pressure or implied threats are used to obtain compliance.
Criminal sexual abuse may be charged as a misdemeanor or a felony, depending on the circumstances. The state often brings these charges alongside or instead of more serious offenses, especially when the facts are disputed or physical evidence is limited.
How to Defend Against Criminal Sexual Abuse Charges
Every case of criminal sexual abuse comes with its own facts, witnesses, and challenges — but being charged does not mean you’ll be convicted. Combs Waterkotte builds tailored defense strategies designed to expose weak evidence, challenge assumptions, and protect your rights from day one.
- Consent: In some cases, the core issue is whether the encounter was consensual. If both parties were of legal age and consent was given, the charge may not hold.
- False Allegations: These charges can arise from misunderstandings, retaliation, or personal conflict. We investigate the full context of the allegation — including text messages, social media activity, and prior interactions — to uncover inconsistencies.
- Mistaken Identity: Especially in group or public settings, mistaken accusations can happen. If the alleged victim cannot reliably identify the accused, the case may lack the proof necessary for conviction.
- Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there’s no physical evidence, no eyewitness, or conflicting accounts, we press for dismissal or acquittal.
- Improper Police Procedure: If your rights were violated during arrest, questioning, or evidence collection, we may file motions to suppress key evidence — sometimes leading to dropped charges entirely.
We take a proactive approach to every allegation — building strong legal arguments and making sure you’re never left guessing what comes next.
Frequently Asked Questions About Criminal Sexual Abuse in Illinois
What is felony sexual abuse?
Felony sexual abuse in Illinois typically involves sexual conduct with a minor under 17 by someone age 18 or older, or any sexual act involving force, coercion, or a person unable to consent. These are often charged as Class 4 felonies, carrying 1–3 years in prison and mandatory sex offender registration.
What is considered a sexual act in Illinois?
Illinois law defines a sexual act as either sexual penetration or sexual conduct. Penetration includes contact between sex organs, the anus, or mouth — or insertion of any object into the sex organ or anus. Sexual conduct includes intentional touching of those areas for sexual gratification.
What is the age of consent in Illinois?
The general age of consent in Illinois is 17. However, if the other person is in a position of authority (e.g., a teacher, coach, or caregiver), the age of consent rises to 18. Additional protections apply to minors under 13, where most acts are automatically treated as felonies.
How many years can you get for sexual abuse in Illinois?
For a first-time Class 4 felony, the sentence is typically 1 to 3 years in prison. Aggravating factors or repeat offenses can lead to longer terms or elevated felony classifications. A Class A misdemeanor conviction may result in up to 1 year in jail and a $2,500 fine.
