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Criminal Sexual Assault

Criminal sexual assault is an offense in Illinois that used to be known as rape. Though the terminology has changed, the conduct that makes up the crime is still essentially the same.

Your Chicago Sexual Assault defense attorney can explain that A person may be charged with criminal sexual assault in Illinois under 720 ILCS 5/11-1.20, for performing sexual penetration under four circumstances:

  • Using force or threat of force;
  • Knowing that the victim is unable to understand the nature of the act or is unable to give knowing consent;
  • When the victim is a family member of the person performing the sexual penetration, and the victim is under 18 years of age; or
  • The person performing the sexual penetration 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 between 13 and 17 years of age.

Sexual penetration is any contact, no matter how slight between the sexual organ or anus of one person, and an object, sex organ, anus or mouth of another person. (720 ILCS 5/11-0.1). Sexual penetration includes oral sex.

Illinois Sexual Assault Penalties

A Chicago sexual assault attorney can advise on the possible punishments in your case. The penalties for a conviction of criminal sexual assault increase depending on how many times a person has previously been convicted of criminal sexual assault or a similarly serious sexual offense. For a first time offender, the crime is classified as a Class 1 felony, carrying a prison term of 4 to 15 years.

If a person is convicted of criminal sexual assault as defined in 720 ILCS 5/11-1.20(a)(1) or 720 ILCS 5/11-1.20(a)(2), and the person has previous convictions for criminal sexual assault or the offense of exploitation of a child, or for an offense that is almost the same as to the offense of criminal sexual assault or to the offense of exploitation of a child, the person is deemed to have committed a Class X felony. The prior convictions are not limited to Illinois only, and can be from any other state.

Similarly, second or subsequent convictions for criminal sexual assault as defined in 720 ILCS 5/11-1.20(a)(3) or 720 ILCS 5/11-1.20 (a)(4), or under any similar laws in Illinois or in other states, for any crimes involving criminal sexual assault that are almost the same as or more serious than the sexual assault defined under these two sections, are Class X felonies.

The term of imprisonment for a Class X felony would be between 30 and up to 60 years in prison.

In addition, a person convicted of criminal sexual assault as defined in 720 ILCS 5/11-1.20(a)(1) or 720 ILCS 5/11-1.20(a)(2) can face a life sentence if the person has certain prior convictions. This would be the case if a person had prior convictions, in Illinois or in any other state, for aggravated criminal sexual assault or for the predatory criminal sexual assault of a child or any offense substantially similar to these offenses, and is then convicted of criminal sexual assault under 720 ILCS 5/11-1.20(a)(1) or 720 ILCS 5/11-1.20(a)(2). Sexual crimes against children carry the harshest penalties in Illinois.

Contact a Chicago Defense Attorney for Help

If you or a loved one has been accused of criminal sexual assault, contact Chicago sex crimes defense attorney Steven Goldman for a consultation today.

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