Rape in Illinois

Unwanted sex acts are generally regarded as rape. However, these criminal offenses are also commonly referred to as "sexual abuse" or "sexual assault." A wide range of activities may be included under these definitions.

In Illinois, criminal sexual assault, also known as rape, is sexual penetration by force or threat of force, without consent of the victim, or against a minor. Rape can be perpetrated against both sexes and any age group, by assailants of all ages.

Sexual penetration is defined as any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, or any part of the body of one person or of any animal or object into the sex organ or anus of another person. Evidence of emission of semen is not required to prove sexual penetration. The survivor is not required to prove that force was used, only that the threat of force was present.

Aggravated criminal sexual assault is criminal sexual assault when one of the following occurs:

• A dangerous weapon is used or displayed
• The offender causes bodily harm
• The rape occurs during the course of another felony
• The victim is over 60 years of age
• The victim has a physical disability
• The victim is under nine years of age
• The victim is institutionalized and severely mentally retarded
• The accused delivered any controlled substance to the victim, including use of date rape drugs to the victim

In Illinois, it is statutory rape for anyone to have sexual penetration or sexual conduct with a victim under the age of 17. If the accused is over 5 years older, it is a felony. Statutory rape also can be sexual conduct other than sexual penetration in which force is used or the victim was unable to consent. Physical contact is considered unwanted if the victim refused, physically objected or was unable to give legal consent.

Consent may be a defense to rape, in some cases. However, some individuals are not considered able to consent to sex under the law. For those individuals, even if they explicitly agree, their agreement is not legally valid. For example, minors, the mentally disabled and unconscious or intoxicated people (even if they willingly became intoxicated) typically cannot provide valid consent. Statutory rape or date rape charges may result. Even if a minor tells you they are 21, shows you a fake ID and is in a bar, that would be no defense to statutory rape charges.

In Illinois, rape is a Class 1 felony. A convicted offender could face 4 to 15 years of mandatory incarceration and be fined up to $25,000. The legal consequences, as well as the natural social ramifications, of a sex-offense conviction can be severe and daunting and can last your entire life.

If you are facing sexual offense charges, such as rape, and would like a referral to a qualified and experienced Illinois criminal defense attorney, please contact us. While there are thousands of criminal defense lawyers in Illinois, very few have a track record of success in defending criminal sexual assault or rape charges. We know the ones that do and can connect you with the best one for your situation. No lawyer pays us to recommend them. Rather we suggest the attorney that we truly feel is best for your case.