Illinois Lawyer Referrals and Legal Guidance
Illinois Criminal Sexual Abuse Lawyers
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As part of our website guidance we offer general information on various areas of law. This page discusses criminal sexual abuse in Illinois and the type of attorney that is best suited for charges that serious.
Criminal sexual abuse occurs when a person wrongfully gropes or touches another person to receive sexual pleasure. In order to be charged with sexual abuse, some form of sexual conduct must occur. According to Illinois law, sexual conduct is any intentional touching or fondling of a person’s genitals, breast, or butt of another for the purpose of sexual arousal or pleasure. Sexual conduct can be either direct touching of another, or through their clothing.
Not all sexual conduct amounts to a crime of criminal sexual abuse. Although a man grabbing a woman’s bottom as she passes by may be crude and offensive sexual conduct, it does not amount to criminal sexual abuse.
A person commits criminal sexual abuse if they commit sexual conduct with the use of physical force or threats, or if they know that the other person does not understand the nature of the touching enough as to properly approve of it.
For example, if a man pushes a woman into a wall against her will and grabs her breast, he has committed criminal sexual assault. Furthermore, if a nurse grabs the behind of a heavily sedated patient because of feeling of physical attraction for the patient, the nurse is guilty of criminal sexual abuse.
A person found guilty of this form of criminal sexual abuse has committed a Class 4 felony, which means that anyone found guilty of this can be sent to prison for up to 3 years. If found guilty of the crime more than once, the crime becomes a Class 2 felony, which is punishable by up to 7 years in prison.
If committed in a certain manner or on a certain category of people, the basic charge of criminal sexual abuse can be escalated to the more serious charge of aggravated criminal sexual abuse.
Aggravated criminal sexual abuse occurs when a person commits criminal sexual abuse with the use of a deadly weapon, while causing injury, while threatening the life of another person, or by giving the victim a drug or other controlled substance.
In addition, criminal sexual abuse can be classified as aggravated criminal sexual abuse if the victim belongs to a specific category of people. Criminal sexual abuse upon any of the following groups of victims automatically becomes aggravated criminal sexual abuse:
- people 60 years or older
- physically handicapped
- a family member younger than 18
- under the age of 16 if the accused is over 16
- is mentally retarded
- between the age of 13 and 17 is abused by an adult that they view as a person of authority or trust.
Aggravated criminal sexual abuse is a class 2 felony, which subjects a person to up to 7 years in prison
If charged with criminal sexual abuse or aggravated criminal sexual abuse, you should immediately contact an experienced Illinois criminal defense attorney to protect your rights in the criminal process. Aside from possible jail time you risk having to register as a sex offender for the rest of your life. This would, for most people, essentially ruin any chance to have a normal life in society.
Any Illinois defense attorney that you consider hiring for such a serious charge should be able to point to many similar cases that they have previously handled. You do not want your attorney to learn how to properly defend one of these cases by representing you. A more seasoned lawyer with a proven track record gives you the best chance of success.
We are a good resource for finding the right attorney for your needs. If you would like our help please contact us at any time. Whether it’s a Cook County sexual abuse charge or a similar offense in Lake County, DuPage, Bloomington, Belleville or anywhere else in Illinois, the attorneys we recommend have a proven record of success. See for yourself why knowing about our site is like having a good friend who is an attorney.