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Criminal Sexual Assault

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. Our site is run by Illinois lawyers and we help people find attorneys for any Illinois legal matter including criminal defense. If you would like our help please complete our contact form or call us at (312) 346-5320 or (800) 517-1614. We are based in Chicago, but help people find criminal attorneys throughout Illinois.

As part of our service, we provide free information to the public. This page provides an overview of Illinois criminal sexual assault charges.

Criminal sexual assault occurs when a person engages in an act of sexual penetration is that is unwelcome or not agreed to by the other person. In general, sexual penetration is any contact of the anus or genitals of one person with the mouth, anus, or genitals of another person.

A person commits criminal sexual assault when there is the above mentioned penetration occurs as follows:

Due to the use of force or threats of force.
When the person committing the penetration knows that the other person does not fully understand what was going to occur.
Where a person commits the penetration on a relative that is under the age of 18.
When a person between the age of 13 and 17 is penetrated by an adult that they view as a person of authority or trust.

Criminal sexual assault is a class 1 felony, which means that a person guilty of this crime can go to jail anywhere from 4 to 15 years. However, the crime can be sentenced more harshly if it is determined to be aggravated criminal sexual assault

Aggravated criminal sexual assault takes place when general criminal sexual assault occurs with the use of a deadly weapon, while causing injury, or while threatening the life of another person while committing the sexual assault. A person committing general sexual assault while also committing another felony, or serious crime, is guilty of aggravated criminal sexual assault.

Aggravated criminal sexual assault is a class X felony, which causes a person found guilty of the crime to be sent to jail for anywhere from 6 to 30 years.

Please note that according to the Illinois Criminal Sexual Assault Act of 1984, sexual assault and sexual abuse can be perpetrated against both sexes and any age group, by assailants of all ages.

We have helped thousands of people find the right attorney for their criminal case. If you are charged with criminal sexual abuse we believe it’s very important that you get an experienced lawyer who has successfully dealt with similar charges in the past. Failure to do so could mean the difference between innocence and guilt.

If you would like our help in finding a lawyer or have any questions please contact us. Whether it’s a Cook County criminal sexual assault charge, or similar charges in DuPage County, Lake County, Bloomington, St. Clair County or anywhere else in Illinois, the lawyers we recommend have track record of success. These attorneys will fight to achieve the best possible outcome.

We always try to speak to people in "plain English." In not so plain English here is the statute that deals with criminal sexual assault in Illinois.

Sec. 12‑13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use

of force or threat of force; or

(2) commits an act of sexual penetration and the

accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or

(3) commits an act of sexual penetration with a

victim who was under 18 years of age when the act was committed and the accused was a family member; or

(4) commits an act of sexual penetration with a

victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony.
        (2) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(3) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of criminal predatory sexual assault shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (3) to apply.

(4) A second or subsequent conviction for a

violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

(5) When a person has any such prior conviction, the

information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a Class X felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.