Do the sentences differ?
Criminal Sexual Abuse
Sexual abuse is unwanted physical contact of a sexual nature. According to the Illinois Criminal Sexual Assault Act, criminal sexual assault is defined as an act of sexual penetration with the use or threat of force or an act of sexual penetration when the accused knew that the victim was “unable to understand the nature of the act or was unable to give knowing consent.”
The two primary ways for a person to get charged with criminal sexual abuse are:
1. Consensual sex between two persons who are both under 17 years old, but at least 9 years old.
2. Consensual sex between two persons where the victim was at least 13 but less than 17 years old, and the accused was younger than 21 years of age.
Aggravated Criminal Sexual Abuse
Aggravated sexual assault is an act of sexual assault that maims, wounds, or disfigures the victim, or involves a victim who is physically or mentally incapacitated. It may also include a sexual assault that is aided or abetted by another person, occurs during commission of another crime, or involves use of a deadly weapon.
Differences Between Criminal And Aggravated Sexual Abuse And Assault
Illinois criminal sexual abuse is a Class A misdemeanor offense for which the sentence can be up to one year in jail and a fine of $2,500. The judge can allow the defendant to serve two years of probation involving counseling, community service, and other conditions, as opposed to jail. It becomes a felony if force is used or the victim is unable to give consent or understand the nature of the act or was unable to give knowing consent. Being found guilty of criminal sexual abuse will require the defendant to register as a sex offender.
Aggravated criminal sexual abuse is a Class 2 felony offense. The sentence for aggravated criminal sexual abuse is 3-7 years in the Illinois Department of Corrections and a possible $25,000 fine. Probation is a possibility, but it depends on the case.
Criminal Sexual Abuse becomes Aggravated Criminal Sexual Abuse if:
1. Weapon is used;
2. Bodily harm occurs;
3. Victim is over 60 years of age;
4. Life of victim or other is in danger;
5. Occurs during the course of another crime;
6. Offender provides a controlled substance to the victim.
Criminal sexual abuse and aggravated sexual abuse are serious crimes and can have an everlasting impact on your life and future. Attorney John Callahan is an experienced criminal defense lawyer who fights vigorously to get the best result for his clients. Mr. Callahan has handled numerous criminal sexual abuse and aggravated sexual abuse cases.