How Illinois Defines Sexual Assault
Feb. 12, 2019
Illinois law makes it a crime to commit sexual acts involving penetration with those who don’t or can’t consent to them. Statutory rape is the term applied to situations involving an adult who has sex with a minor. Even if the act is consensual, the act is still a crime because the minor cannot legally give consent. In many cases, it can be difficult to determine if rape or sexual assault occurred.
This is because most acts occur in places where no other witnesses are present. Advances in police training as well as in technology used to investigate such crimes has made it somewhat easier to investigate them. In the state of Illinois, anyone who is convicted of sexual assault could face a minimum of four to six years in prison. Four years is the minimum sentence for a first offense, but six years is the minimum sentence for aggravated sexual assault.
Aggravated sexual assault occurs if a victim is threatened with a weapon or is mentally disabled. Those who are 17 or older and in a position of authority over someone between the ages of 13 and 18 could be charged with sexual assault if an act involves penetration. Defenses to the charge include insanity, that a victim consented and that no crime actually took place.
Those who are charged with serious felonies such as rape may face serious consequences if convicted. These could include probation, a fine or jail or prison time. In some cases, defendants may face life sentences for a felony conviction. An attorney may be able to create a defense to the charge to get a favorable outcome.