Where Does Sexual Assault Fall Among Other Sex Crimes?
The crime of rape, which usually consists of sexual penetration perpetrated by force or threats, was one of the original common law felonies punishable by imprisonment or death in England. Even in early America, rape was still considered a potential capital offense.
Many states, including Illinois, have folded rape into a broader crime of sexual assault. Thus, in these states, sexual assault is the most severe sex crime and covers common law rape and other offenses.
Sexual Assault Statutes in Illinois
Illinois does not have a criminal offense called rape. Instead, the state has several criminal offenses called “sexual assault” encompassing rape and other offenses. The following statutes may be used by prosecutors when someone accuses you or your loved one of sexual assault:
Illinois Criminal Sexual Assault Statute
In Illinois, criminal sexual assault is the highest category of sex crime. It happens when the perpetrator sexually penetrates the victim in any of these four situations:
- By using force or threats of force
- Against a victim who is unable to understand the act or give knowing consent
- Against a family member under 18, as in incest
- Against a minor between 13 and 17 by a perpetrator 17 or older who holds a position of authority over the victim
Illinois has a broad definition of sexual penetration to include contact, as well as slight contact, between one person’s sex organ or anus and an object. It also covers contact with another’s sex organ, mouth, or anus.
Finally, this definition includes penetration by any body part of the perpetrator into the victim’s sex organ or anus.
Illinois Aggravated Criminal Sexual Assault Statute
Illinois has an enhanced charge, called aggravated criminal sexual assault, that applies in these situations:
- Criminal sexual assault with an aggravating circumstance
- Sexual penetration of a child under nine years old by a perpetrator under 17
- Sexual penetration of a child between nine and 13 by a perpetrator under 17 who uses or threatens to use force
- Sexual penetration of a victim with a severe or profound intellectual disability
Certain aggravating circumstances can elevate a sexual assault to an aggravated charge.
These circumstances can include:
- Displaying, using, or threatening to use a dangerous weapon other than a gun
- Causing bodily harm to the victim
- Threatening or endangering another person’s life
- Committing the assault during the commission of another felony
- Assaulting a person 60 or older
- Assaulting someone physically disabled
- Drugging the victim without their consent for non-medical purposes
- Committing the assault while armed with a firearm
- Discharging a firearm during the assault
- Causing death, permanent disability or disfigurement, or great bodily harm with a firearm during the assault
These aggravating circumstances must occur during the same course of conduct in which the sexual assault occurred. However, they do not need to occur simultaneously with the assault.
Thus, if the accused committed a carjacking, then sexually assaulted the driver after completing the theft, prosecutors could pursue aggravated sexual assault charges.
Illinois Predatory Criminal Assault of a Child Statute
Illinois has another sexual assault charge directed specifically to sexual assaults against child victims. Predatory criminal sexual assault of a child occurs when a person 17 or older engages in sexual contact or penetration against a child under 13. The offense may be enhanced for perpetrators who do any of the following:
- Commit the assault while armed with a firearm
- Discharge a firearm while committing the offense
- Cause great bodily injury that is life-threatening or results in permanent disability
- Drug the victim against their consent for non-medical purposes
To charge someone with this offense, the prosecution must prove that the contact or penetration involved the sex organ or anus of the accused, the victim, or both.
Possible Defenses Against Sexual Assault in Southern Illinois
Although Illinois uses a very broad definition of sexual assault, you still have both rights and defenses. Some criminal defense strategies we may leverage include:
Consent
Most offenses that could fall under the term “sexual assault” require a lack of consent. In some cases, the lack of consent arises from the use of force or threats of force to overcome the other person’s will. In other cases, the lack of consent occurs because the other person is incapacitated or mentally incapable of consenting.
We can disprove this element of the crime by showing that the alleged victim knowingly consented to sexual intercourse or contact. We can also assert a consent defense by showing that your reasonable interpretation of the other person’s words or acts gave you consent to engage in sexual activities.
Keep in mind that consent does not disprove all forms of sexual assault. Illinois includes some forms of statutory rape in its definition of sexual assault. You cannot overcome these charges by showing consent because minors are considered legally incapable of consenting to sex, even if they were willing participants.
Misidentification
Another common defense occurs when you are misidentified as the perpetrator of a sexual assault. These attacks can traumatize a victim, leading to misidentification of the alleged perpetrator.
We can overcome a misidentification by presenting alibi evidence that you were not at the location of the assault. This alibi evidence might include eyewitness testimony, photos or videos, or DNA evidence showing you could not have committed the assault.
False Accusations
Sexual assault allegations are sometimes used by alleged victims to either protect themselves or get you into trouble. For example, someone who regrets having sex with you might concoct a story about a sexual assault. Similarly, a vengeful ex-spouse might fabricate a sexual assault allegation to cause you legal or financial pain or tarnish your reputation.
Again, our criminal defense attorneys can present evidence showing that the assault could not have occurred the way the alleged victim described. This evidence may include scientific evidence, such as medical records, alibi witnesses, and other exculpatory evidence.
Potential Penalties for Sexual Assault in Southern Illinois
Sexual assault is a felony in Illinois. Thus, you may face severe penalties upon conviction for these offenses, including:
| Charge | Level | Possible Penalty |
|---|---|---|
| Sexual assault | Class 1 felony | Four to 15 years in prison |
| Sexual assault against a minor with a prior sexual assault against a minor | Class X felony | Six to 30 years in prison |
| Aggravated sexual assault | Class X felony | Six to 30 years in prison |
| Aggravated sexual assault with a dangerous weapon | Class X felony | Six to 30 years in prison plus 10 additional years |
| Aggravated sexual assault with a firearm | Class X felony | Six to 30 years in prison plus 15 additional years |
| Aggravated sexual assault where the firearm is discharged | Class X felony | Six to 30 years in prison plus 20 additional years |
| Aggravated sexual assault involving firearm-related death, disability, disfigurement, or injury | Class X felony | Six to 30 years in prison plus 25 additional years |
| Sexual assault of a child | Class X felony | Six to 60 years in prison |
| Sexual assault of a child with a firearm | Class X felony | Six to 60 years in prison plus 15 additional years |
| Sexual assault of a child where the firearm is discharged | Class X felony | Six to 60 years in prison plus 20 additional years |
| Sexual assault with a prior sexual assault against an adult | Class X felony | 30 to 60 years in prison |
| Sexual assault of a child by involuntarily drugging the victim | Class X felony | 50 to 60 years in prison |
| Sexual assault of a child involving firearm-related death, disability, disfigurement, or injury | Class X felony | 50 years to life imprisonment |
| Sexual assault with a prior aggravated sexual assault or child sexual assault conviction | Felony | Life imprisonment |
| Aggravated sexual assault with a prior sexual assault or child sexual assault conviction | Felony | Life imprisonment |
| Sexual assault of a child involving two or more victims | Felony | Life imprisonment |
| Sexual assault of a child with a prior sexual assault, aggravated sexual assault, or child sexual assault conviction | Felony | Life imprisonment |
