Illinois law does not use the term “rape” in crimes of sex. The legislative intent in discarding the term “rape” was to lessen the stigma attached to the crime, and therefore encourage more victims to come forward and pursue the offender in court.
Under Illinois law, criminal sexual assault consists of the following elements:
Sexual penetration combined with one or more of the following:
- Use of force or threat of force
- Victim was unable to understand the nature of the act or unable to give consent
- Victim is under 18 years of age when the act was committed and the accused was a family member
- Victim was at least 13 years old but under 18 years of age, and defendant was 17 years of age or older and held a position of trust, authority or supervision in relation to the victim.
Criminal sexual assault is a Class 1 Felony. Criminal sexual assault is also a non-probationable offense in Illinois, which means that a person who is convicted generally will go to prison, rather than receive probation.
Those convicted of criminal sexual assault will also be required to register as a sex offender.
Criminal sexual assault is an extremely serious offense. Having the right attorney in these types of cases is vital. Not only do sex crimes carry a great deal of social stigma, sexual assault charges impose severe penalties upon conviction. Attorney John Callahan is experienced in defending sex cases. He has a proven track record of getting charges dismissed or reduced.