Criminal Sexual Assault in Southern Illinois

What Is Criminal Sexual Assault Under Illinois Law?

In Illinois, criminal sexual assault is defined under 720 ILCS 5/11-1.20 as engaging in non-consensual sexual activity through the use of force, threat, or when the accused is in a position of authority or the victim cannot legally consent. The law also applies when the alleged victim is under a certain age, particularly in cases involving family members or individuals in a position of trust.

Illinois law defines sexual assault broadly to include a range of conduct that qualifies as sexual penetration. A single incident may lead to multiple felony counts, especially if certain aggravating circumstances are present.

Key Legal Elements

• Sexual Penetration: Legally defined conduct involving physical intrusion, regardless of degree, that meets the statute’s criteria.
• Force or Threat: Involves actual or implied physical pressure, intimidation, or placing the alleged victim in reasonable fear of harm.
• Lack of Consent: Applies when the alleged victim is unable to give informed, voluntary agreement due to age, unconsciousness, impairment, or other legally recognized limitations.
• Position of Power or Relationship: Includes acts committed by individuals such as teachers, caregivers, or family members when the alleged victim is between 13 and 17 years old.

Aggravated or Predatory Charges

When a weapon is used, the victim is injured, or other serious factors apply — such as the victim being under age 13 — the charge may be elevated to aggravated criminal sexual assault or predatory criminal sexual assault of a child, both of which carry far harsher penalties, including potential life imprisonment.

How a Southern Illinois Criminal Sexual Assault Lawyer Can Help

If you’ve been accused of criminal sexual assault, your future depends on what you do next. The earlier you involve a defense lawyer, the more control you have over the outcome. Combs Waterkotte works quickly to intervene before charges escalate, review every detail of the state’s case, and begin building a defense that protects your rights and reputation.

Our team defends clients across Southern Illinois in cases involving sexual allegations, including those based on delayed reports, intoxication, family conflicts, or alleged campus incidents. We analyze text messages, medical records, and witness statements — and when needed, consult expert forensic and psychological professionals to challenge the prosecution’s narrative. We also take every step possible to protect your privacy and minimize exposure during the process.

Whether you're facing a first-time accusation or have already been charged, we are ready to take action immediately. We don’t pass judgment — we protect our clients, challenge flawed evidence, and fight for the best possible outcome.

How Can I Defend Myself Against Sexual Assault Charges in Southern Illinois?

Every case is different — but nearly all sexual assault cases hinge on the same core issues: consent, credibility, and context. Combs Waterkotte builds custom defense strategies that reflect the specific facts of your situation and challenge the prosecution’s assumptions at every step.

• Consent: Many cases involve disputes over whether the encounter was consensual. We gather evidence — including texts, calls, witness statements, and timelines — to demonstrate that any contact was voluntary and mutual.
• Mistaken Identity: In cases without physical evidence, the accusation may come down to one person’s word. We investigate the credibility of the claim and explore alibi evidence, surveillance, or forensic details that support your side of the story.
• False Allegations: Some accusations are motivated by revenge, regret, or misunderstanding. We explore prior history, relationship context, and inconsistencies in the report to expose false or exaggerated claims.
• Insufficient Evidence: Prosecutors must prove every element beyond a reasonable doubt. We file motions to suppress flawed evidence, challenge unsupported forensic claims, and expose procedural errors in the investigation.
• Unlawful Police Conduct: If your rights were violated during questioning or arrest, we may be able to suppress key evidence. This includes unlawful searches, Miranda violations, or coercive interrogation tactics.

You don’t have to prove your innocence — the state has to prove guilt. Our job is to make that as difficult as possible. With the right defense, many of these cases can be reduced, dismissed, or beaten at trial.

What Is the Legal Process in Southern Illinois Criminal Sexual Assault Cases?

Being accused of criminal sexual assault sets off a legal process that can move quickly — and make you feel like your life is over. Understanding what to expect can help you make better decisions and avoid costly mistakes. Here’s how these cases typically unfold in Southern Illinois.

An investigation may begin with a report to police or campus authorities. In some cases, law enforcement may try to question you before filing charges. You are not required to speak with police — and you never should without a defense lawyer. Once probable cause is established, you may be arrested and formally charged with one or more felony offenses.

After arrest, you’ll attend an arraignment where you are formally notified of the charges and enter a plea. Your lawyer can often begin fighting for reduced bail or even release at this stage. From there, the case moves into pretrial motions, evidence review, and negotiation with the prosecution. Most cases are resolved during this phase, but some proceed to trial.

During the pretrial phase, we may file motions to suppress evidence, challenge expert testimony, or seek to dismiss certain charges. If the case goes to trial, the prosecution must prove its case beyond a reasonable doubt. Your lawyer will cross-examine witnesses, present evidence, and argue for your acquittal.

Throughout the process, our legal team will keep you informed, prepare you for each appearance, and work to minimize damage to your future. The earlier you get help, the more control you have over what comes next.

Frequently Asked Questions About Criminal Sexual Assault Charges

What is considered criminal sexual assault in Illinois?

Criminal sexual assault involves an act of sexual penetration that is committed by force or threat of force, or when the accused knows the victim cannot give consent. This includes situations where the victim is unconscious, under the influence, asleep, or underage. The law also applies when the accused is a family member or someone in a position of authority over the victim.

How do I fight sexual assault charges?

Fighting these charges starts with hiring a qualified criminal defense lawyer. Depending on the facts, your attorney may argue consent, mistaken identity, false accusation, or lack of evidence. Challenging how the evidence was collected or whether it was lawfully obtained is also a common defense strategy.

What is the statute of limitations for sexual assault in Illinois?

There is no statute of limitations for felony criminal sexual assault in Illinois. This means that charges can be brought years — or even decades — after the alleged event. However, older cases may be harder to prove due to the lack of physical evidence and fading memories.

What is a plea deal in a sexual assault case?

A plea deal is a negotiated resolution between the prosecution and defense where the defendant agrees to plead guilty to reduced charges or receive a lighter sentence. In sexual assault cases, plea deals might involve lesser charges, reduced prison time, or alternative sentencing — but only if the state’s case is weak or the defense is strong.

How do you prove innocence in a sexual assault case?

You don’t have to prove innocence — the burden is on the state to prove guilt beyond a reasonable doubt. Your defense may include witness testimony, alibis, messages or communications, inconsistencies in the accuser’s statements, or challenges to the forensic evidence. Every case is different, and the right approach depends on the facts.