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Illinois Criminal Sexual Assault

Illinois Criminal Sexual Assault

In Illinois, Criminal Sexual Assault (what is often thought of as forcible rape) as charged in 720 ILCS 5/11-1.20 is a serious felony offense. The right criminal defense lawyer can make an enormous difference in your outcome if charged with this offense - a grasp of trial technique, the laws surrounding sex crime litigation and finally, forensic science are tools your attorney must be able to bring to bear in your defense. 

The violation of the Illinois criminal sexual assault statute requires first that an act of "penetration", a legal term which may include acts defined more broadly than the common definition, and then that act must be paired with other factors, including of the following:

(1) uses force or threat of force;
(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is under 18 years of age; or
(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

Each one of these elements, individually or together, may pair with an act of penetration to trigger a felony charge under the Illinois criminal sexual assault law. And an act of "sexual penetration" is defined in Illinois at 720 ILCS 5/11-0.1 as including:

any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. 

Sexual penetration thus includes acts like oral sex, digital penetration, or use of an object such as a sex toy to make any contact of the type described.

Unlike an Illinois Criminal Sexual Abuse charge, which may sometimes be charged as a misdemeanor, penalties for this offense begin with a range of 4-15 years in prison. Probation is not available as a sentence. Depending upon prior criminal history, enhancements of the penalties to a range of 6-30 years, or up to 60 years in prison or even a sentence of imprisonment for life may be possible as well.

In addition to any other consequences, a person convicted of criminal sexual assault in Illinois must register as a sex offender for life.

Illinois Criminal Sexual Assault Lawyers

If you or a loved one faces charges under 720 ILCS 5/11-1.20 in the Chicago area including Cook county, Lake county or DuPage county, call the Illinois criminal sexual assault lawyers at Fagan, Fagan & Davis now. 

Where do we appear in court?

We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.