Custodial Sexual Misconduct in Illinois
In some contexts, the nature of your relationship with someone else precludes sexual contact. Some of these prohibitions arise because of the power dynamic in these relationships.
Teachers, correctional officers, and caretakers have certain power over others. It is often impossible to determine whether the custodian abused their authority to coerce the other person into a sexual relationship. As a result, Illinois bans many of these relationships, regardless of whether the other person consented.
Sexual Misconduct Statutes in Southern Illinois
Relationships of Trust, Authority, or Supervision of Someone Under 18
In Illinois, criminal sexual assault includes sexual penetration by someone 17 or older against a victim between 13 and 17 years old. To prove this offense, the prosecution must have evidence that you held a position of “trust, authority, or supervision” over the alleged victim. These positions might fit this definition:
- Teacher
- Coach
- Physician
- Therapist
- Minister
- Employer or supervisor
Criminal sexual assault is one of the most serious crimes a person can commit in Illinois. It is equivalent to rape in many other jurisdictions.
To prove this offense, prosecutors must have evidence of sexual penetration. The definition of sexual penetration in Illinois includes two acts. First, it covers any contact between one person’s sex organ or anus and an object, sex organ, mouth, or anus of the other person. Second, it also covers any penetration, including slight penetration, of a person’s sex organ or anus by an object, animal body part, or human body part.
This statute is not the only way for prosecutors to pursue criminal charges when a person sexually assaults someone. If the alleged victim falls outside the age range or the accused held a non-authority position, prosecutors can shift to other offenses like aggravated criminal sexual assault or predatory criminal sexual assault of a child.
Caretakers of Disabled People
Sexual misconduct with a disabled person occurs when a worker for a state-operated facility or community agency knowingly engages in sexual penetration or conduct with a disabled person under the care of the facility or in a residential program operated by a community agency.
Legally, disabled people include anyone with a developmental disability or mental illness. Covered workers include:
- Illinois Department of Human Services employees
- On-site and off-site community agency employees
- Illinois Department of Human Services or community agency contractors
Knowingly means that the accused understood the circumstances and the likelihood that the prohibited act would occur. The knowledge required under the statute only applies to the facts, such as the other person’s status as a patient. This means the accused can face charges if they knew about the other person’s status as a patient, even if they were ignorant of the law.
Sexual conduct includes sexual touching of the sex organs, anus, or breast. The touching is considered sexual even if the victim is clothed.
Police Officers With Prisoners in Custody
Custodial sexual misconduct happens when any of the following people engage in sexual conduct or penetration with a person under their custody or supervision:
- Jail or prison employees
- Treatment or detention facility employees
- Law enforcement agency employees
- Probation or supervision officers
- Surveillance agents
- Aftercare specialists
Most of these titles are relatively straightforward. For example, surveillance agents are used to monitor people released from commitment for sex offenses. Aftercare specialists supervise juvenile offenders on conditional release.
Custody covers anyone held in the following situations:
- Pretrial detention
- Incarceration after a conviction
- Parole or probation
- Electronic ankle monitoring
- House arrest
- Detention or civil commitment
- Under arrest by a police officer
The sexual relationship does not need to involve coercion or force because consent is not possible in these situations. Thus, the person in authority can face charges even if the person in custody initiated the relationship.
Family Members
The law includes several rules covering sexual relationships between family members. Again, the law presumes a power dynamic that can overcome the victim’s free will. Specifically, Illinois prohibits any sexual penetration involving the following relatives:
- Full or half-sibling
- Biological or adoptive parent
- Step-parent
- Aunt or uncle
- Great-aunt or great-uncle
- Grandparent or step-grandparent
Notably, this statute only applies to adult relationships. If the victim was under 18, sexual penetration potentially falls under the state’s criminal sexual assault statute.
Moreover, when a child is sexually abused, any adult over 18 may have a legal responsibility to report the abuse or, if they are responsible for the child, prevent it. If they fail to do so, they may face charges of failing to report or permitting child sexual abuse.
Defenses to Sexual Misconduct Charges in Southern Illinois
Our skilled team can customize a criminal defense strategy to help you fight your charges. When it comes to potential defenses you can raise, keep in mind that consent is usually not a defense.
These offenses are predicated on the existence of a power imbalance. The law presumes that those with mental disabilities cannot consent to a sexual relationship with a caretaker. Similarly, the law assumes that coercion is inherent in a sexual relationship between an inmate and a correctional officer. Thus, you cannot defend yourself in these cases by claiming that the other person consented to the relationship.
However, we may be able to leverage the following defenses instead:
False Accusation
Sometimes, these charges arise after the victim makes a false accusation. They might do this to get you into trouble or simply because they are disconnected from reality. Regardless of the reason, we can gather alibi evidence to prove that you were elsewhere when the alleged sexual conduct occurred.
Lack of Intent
The prosecution must show that you knew about the circumstances that made the sexual conduct illegal. If you were unaware of the victim’s status as a person under your care, we may be able to undercut the prosecution’s case.
Thus, suppose that a patient in the state mental hospital introduced themselves to you as a fellow employee. If the police arrest you for engaging in a sexual relationship, we may be able to argue that you lacked the intent to have sexual contact with a patient because they deceived you into thinking they were your co-worker.
Statutory Exception
The statutes include several exceptions for certain relationships. For example, you can have sexual relations with a person you are supervising on their probation if you are married to them and the marriage occurred before the date they were assigned to you.
