Under the Criminal Code of Illinois, it’s illegal to commit any kind of sexual activity against another individual or fondle another individual against their wishes or if they can’t consent to the act.
What is Sexual Assault in Illinois?
According to Noll Law Office, an accused has committed sexual assault if he or she sexually penetrates another individual:
- With force or threats.
- If the victim isn’t capable of understanding or consenting to the sex act.
- If the victim is younger than 18 years old and is related to the accused.
- If the victim is younger than 18 years old, but older than 13 years old and the accused is older than 17 years old and is in a position of supervision or trust.
What is Sexual Abuse in Illinois?
Sexual abuse occurs when the accused commits sexual touching along with the threat of force or force, or when they know that a victim can’t understand or consent to the sexual activity. Sexual abuse likewise occurs if the accused engages in a sex activity, which includes sexual penetration, with someone older than 9, but younger than 17, and if the accused is younger than 17, or with someone older than 13, but younger than 17, and if the accused is five years the senior of the victim.
What is Aggravated Sexual Abuse and Assault?
Sexual abuse and assault are punishable by more severe penalties when aggravated. These sex crimes are considered aggravated if:
- The accused is armed, showed, threatened, or used a deadly weapon.
- The accused caused bodily injury.
- The accused threatened or endangered the victim or another individual’s life.
- The accused gave the victim illegal or controlled substances without consent of the victim.
- The sex crime had been committed in conjunction with another felony.
- If the victim is older than 60, mentally disabled, or handicapped.
In addition, depending on the victim’s and the accused’s ages, their relationship, and whether force was involved, these sex crimes could be considered aggravated in the event that the victim is younger than 18 years old, says a criminal defense attorney in Springfield, IL.
Any sexual crime in Illinois can result in a felony conviction, registration as a sex offender, costly fines, and up to a lifetime in prison. If you’ve been accused of a sexual crime in Illinois, having an experienced criminal defense attorney by your side is recommended.