Sex crimes or rape against a child are some of the most serious crimes prosecuted under Illinois law. A person who has a rape or sex crimes conviction on his or her record may live the rest of his or her life labeled as a sexual predator. A rape or sex crimes conviction deeply affects a person’s ability to anonymously live because the convicted rapist must register as a sex offender whenever he or she moves. There are many other rules that convicted sex offenders must follow. It goes without saying that a rape conviction can also impact a person’s ability to get a job and to have a normal relationship.
Under Illinois criminal law, the age of the victim and the age of the offender can often be considered as an aggravating factor. The difference in charges between an 18-year-old victim raped by an adult, and a child under the age of 13 raped by an adult can be as drastic as the difference between a Class 1 felony charge and a Class X felony charge. A recent case out of Illinois demonstrates the facts and charges that may arise in a sexual assault case where the victim is under the age of 13-years-old.
The events in this case occurred in Aurora, Illinois. According to the dailyherald.com, 39-year-old Jose Rocha of Aurora was sentenced to 15 years in prison in late August for the sexual assault of a child under the age of 13-years-old. Mr. Rocha pleaded guilty to one count of criminal sexual assault of a child. The victim, who is now 19-years-old, was questioned by police last year and reported the abuse that she had suffered at the hands of Mr. Rocha. For the Class X felony, Mr. Rocha must serve at least 85% of his sentence. He has already served over a year of the sentence since his arrest on the charges.
Illinois Criminal Law
Under 720 ICLS 5/12-14, a person commits aggravated criminal sexual assault by engaging in two different acts. First, a person commits aggravated criminal sexual assault by engaging in criminal sexual assault and there are other aggravating factors involved. Some of these aggravating factors include the fact that the offender threatened or used force against the victim, the victim was over the age of 60, or the victim was handicapped. Secondly, a person commits aggravated criminal sexual assault by sexually penetrating the victim under one of several circumstances. Those circumstances include that the victim was under 9-years-old and the offender was under 17-years-old, and if the victim was “severely or profoundly mentally retarded.”
Under 720 ICLS 5/12-14.1 predatory criminal sexual assault of a child is when a person 17-years-old or older sexually penetrates, or physically contacts the sex organs or anus of the victim and the victim is under 13-years-old. A person is also guilty of predatory criminal sexual assault of a child if he or she sexually penetrates or contacts the child’s sex organs or anus and either is armed with a firearm, discharges a firearm, causes great bodily harm to the victim, or delivers drugs to the victim.
Aggravated criminal sexual assault is a Class X felony that is punishable by 6 to 30 years mandatory imprisonment with the possibility of additional terms of 10, 15, 20, 25 years or natural life. Predatory criminal sexual assault of a child is also a Class X felony punishable by between 6 and 60 years mandatory imprisonment with the possibility of an extended term of 15, 20, 50, 50-60 or natural life imprisonment.
If you have been charged with sex crimes against a child or other felony crimes, you should immediately speak to an experienced attorney. Contact Goldman & Associates today for a confidential consultation.