Criminal Sexual Assault occurs when a person commits an act of sexual penetration against a victim under specific circumstances – through force or threat of force, when the perpetrator and the victim are related- whether through familial ties or a position of authority, or if there is an age gap with the victim being under the age of consent (age 17). In just about any circumstance, a person who commits Criminal Sexual Assault will face a time behind bars, hefty fines and will have to register as a sex offender for a period of time.
The Illinois Statute (720 ILCS 5/11-0.1) outlines how this crime can be committed:
Contact – No matter how slight, between one person’s sexual organ, finger, hand or anus and another person’s sexual organ, anus, or mouth; or
Intrusion – No matter how slight, between a person, animal, or object and another person’s sexual organ or anus.
Section 11-0.1 provides several examples of sexual penetration, including but not limited to fellatio, cunnilingus, and anal penetration. Criminal Sexual Assault does not require ejaculation or a similar emission of semen.
720 ILCS 5/11-1.20(b) provides a breakdown of the penalties for criminal sexual assault in Illinois. In most situations, the punishment for this offense depends upon the number of previous offenses, if any.
First offense of Criminal Sexual Assault constitutes a Class 1 felony in Illinois. The punishment for a Class 1 felony can be anywhere from 4-15 years in prison. It can also result in up to 48 months of probation.
Second or subsequent offense of Criminal Sexual Assault is a Class X felony in Illinois. Upon conviction, a sentence between 6-30 years in prison. Probation is not available for Class X felonies.
In certain circumstances, with a previously conviction of aggravated or predatory Criminal Sexual Assault, the punishment can be life in prison.
Even without prison time, a conviction will result in a felony record, and mandatory registration on the Sex Offender Registry, which impacts where a person can live and requires yearly registration. The names and addresses of registered sex offenders is available online to the public.
Due to the potential severity of these types of cases, you should have a highly experienced attorney to assist you
Contact Lamp Law LLC to find out more about charges specific to your situation.