Illinois Sexual Assault Charges

Most sex crimes in Illinois fall under the umbrella of either criminal sexual assault​ or criminal sexual abuse. The difference typically depends on the type of contact the person commits. Sexual assault involves an act of sexual penetration. Sexual abuse generally involves sexual conduct, which includes touching someone’s sex organs without their consent.

Violating Illinois’ sexual assault laws can result in years in prison, sometimes up to a life sentence. Criminal penalties vary depending on the conduct, the victim’s status, whether the accused has a criminal history, and other factors.​

How Does Illinois Define Sexual Assault?

A person commits criminal sexual assault in Illinois if that person commits an act of sexual penetration and:

• Uses force or threat of force
• Knows the victim is unable to give knowing consent or does not understand the nature of the act
• Is a family member of the victim, and the victim is under 18
• Is at least 17 years of age, holds a position of trust, authority, or supervision over the victim, and the victim is between 13 and 18 years old.

A first offense for criminal sexual assault is a Class 1 felony, punishable by 4 to 15 years in prison and a fine of up to $25,000. A second or subsequent conviction is a Class X felony, punishable by 6 to 30 years in prison.

What Are Aggravating Circumstances in Illinois?

Certain factors, known as aggravating circumstances, can elevate a sex crime charge to a more serious “aggravated” offense with harsher penalties. These circumstances include:

• The actor displays, threatens to use, or uses a dangerous weapon (other than a firearm)
• The actor displays, threatens to use, or uses any other object fashioned or used in a way that leads the victim to reasonably believe that it is a dangerous weapon
• The actor causes bodily harm to the victim
• The actor acts in a way that threatens or endangers the victim’s life or another person’s life
• The actor commits the sex crime during the commission or attempt to commit any other felony
• The victim is 60 years old or older
• The victim is a person with a physical disability
• The actor delivers any controlled substances to the victim without the victim’s consent (or by threat or deception) for other than medical purposes
• The actor is armed with a firearm
• The actor discharges a firearm during the commission of the offense
• The actor discharges a firearm during the commission of the offense, and the discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person

Aggravated Sexual Assault

A person commits aggravated criminal sexual assault if they commit criminal sexual assault and any of the aggravating circumstances listed above are present. This is the primary way the offense is charged.

Additionally, Illinois law specifies two other situations that automatically qualify as aggravated criminal sexual assault, even without the aggravating factors listed above:

1. An offender under the age of 17 commits an act of sexual penetration with:
   • A victim under 9 years of age; or
   • A victim between 9 and 13 years old, if force or the threat of force was used.
2. An offender of any age commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.

Aggravated criminal sexual assault is a Class X felony, which carries a mandatory minimum sentence of six years and up to 30 years in prison, plus a fine of up to $25,000. A second or subsequent offense may result in a sentence of life imprisonment.

Sexual Abuse

A person commits criminal sexual abuse if they do any of the following:

• Commits an act of sexual conduct by the use of force or threat of force
• Commits an act of sexual conduct when they know the victim is unable to understand the nature of the act or can’t give knowing consent
• The actor is under 17 and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 but under 17
• The actor commits an act of sexual penetration or sexual conduct with a victim who is at least 13 but under 17, and the actor is less than five years older than the victim

Depending on the circumstances, a first offense for criminal sexual abuse can be a Class A misdemeanor (punishable by up to one year in jail and a $2,500 fine) or a Class 4 felony (one to three years in prison and a fine up to $25,000). A subsequent offense is a Class 2 felony, which carries a sentence of three to seven years in prison.

Aggravated Criminal Sexual Abuse

A person commits aggravated criminal sexual abuse if they commit criminal sexual abuse and one or more aggravating circumstances are present.

Additionally, a person commits aggravated criminal sexual abuse if they commit an act of sexual conduct against a victim who is under 18 and is a family member. Other specific conditions that qualify as aggravated criminal sexual abuse involve the age of the actor and victim, the use of force, and whether the actor holds a position of trust or authority over the victim.

Aggravated criminal sexual abuse is a serious felony. Depending on the specific circumstances of the offense, it is charged as either a Class 2 felony (3-7 years in prison) or a Class 1 felony (4-15 years in prison). Fines can reach up to $25,000.

Do I Need a Sex Crimes Defense Lawyer?

The attorney you choose for your sex assault defense matters. As Illinois defense lawyer Gal Pizzetsky notes, “You wouldn’t go to a general practitioner to treat cancer. The same is true with sex crimes. Go to someone who concentrates on defending sex charges rather than someone who handles them and DUIs and small drug cases, etc.” Experienced sex crime defense lawyers know how to analyze these cases, and they know what type of experts your case needs.

This matters because:

• Sex offense charges carry prison sentences and hefty fines
• Sex offender registration is usually lifelong
• You could be subject to unwanted public attention

Note: If you cannot afford an attorney, the court will appoint a public defender to your case.

Defenses to Sexual Assault

Facing a sex crime charge does not mean a conviction is automatic. A strong legal defense can challenge the prosecution’s case on multiple fronts. Defenses in Illinois generally fall into two categories: statutory defenses, which the law explicitly provides, and broader strategies that challenge the evidence presented.

Statutory Defenses

Illinois law (ILCS 720 § 5/11-1.70) outlines specific defenses that can be used against certain sex crime charges:

• Consent: Arguing that the act was consensual is a primary defense. This involves presenting evidence that the alleged victim gave knowing and voluntary agreement.
• Mistake of Age: In cases where the victim’s age is a key element of the crime, a defendant can argue they reasonably believed the person was 17 or older (the age of consent in Illinois). The success of this defense depends on whether the defendant’s belief was truly “reasonable” under the circumstances.

The law also clarifies that certain actions are not crimes. For example, a physician, nurse, or parent does not commit a sex offense when performing a medical examination or procedure in a manner consistent with reasonable medical standards (§ 5/11-1.10(b)).

Challenging the Prosecution’s Case

Beyond statutory arguments, an experienced defense attorney will closely examine the reliability, handling, and interpretation of all evidence. This strategy includes scrutinizing:

• DNA and forensic evidence
• Digital evidence from phones, social media, and computers
• Witness accounts and their credibility
• The procedures used by law enforcement during the investigation

As Illinois defense attorney Gal Pizzetsky explains, challenging evidence requires expertise:

“When there is DNA left on an item or a person’s skin, you can conclude that it belonged to someone. But the next step is: What is the source of that DNA? Is it saliva, semen, or just skin? DNA is very transferable between items. You can be at someone’s home and sit on their couch, and their DNA will be on you. I bring in my experts to determine what that DNA actually is.”

This highlights why having a lawyer who specializes in sex crimes is crucial. They have the knowledge and resources to question every piece of the prosecution’s evidence and build the strongest possible defense for your case.

When the Stakes Are High, Talk to a Lawyer

The laws surrounding sexual assault in Illinois are complex, and a conviction can lead to life-altering consequences, including lengthy prison sentences and mandatory sex offender registration. An experienced criminal defense attorney understands the law, the court system, and how to build a strong defense on your behalf. If you are facing charges, speaking with a lawyer is the most important step you can take.

Don’t wait to get the help you need. Find an Illinois defense attorney experienced in sex crime cases as soon as possible to learn your options and protect your rights.

Related Statutes

• ILCS 720 § 5/11-9.1 (Sexual exploitation of a child)
• ILCS 720 § 5/11-9.5 (Sexual misconduct with a person with a disability)
• ILCS 720 § 5/11-1.40 (Predatory criminal sexual assault of a child)
• ILCS 720 § 5/11-9.4-1 (Sexual predator and child sex offender)

Illinois Sexual Assault Laws: Related Resources

Browse the links below for more information about Illinois law and sexual assault laws generally:

• Illinois Law
• Illinois Criminal Laws
• Illinois Criminal Statute of Limitations
• Illinois Assault and Battery Laws
• Illinois Domestic Violence Laws
• Sexual Assault Overview
• Sexual Assault Defenses
• Sexual Assault Sentencing and Penalties
• Statutory Rape

For more information about other states’ sexual assault laws, visit FindLaw’s Official State Codes section.