Comprehensive Guide to Illinois Criminal Sexual Assault – 720 ILCS 5/11-1.20

In Illinois, “a person commits criminal sexual assault if that person commits an act of sexual penetration and:
(a) uses force or threat of force;
(b) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
(c) is a family member of the victim, and the victim is under 18 years of age; or
(d) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age. 720 ILCS 5/11-1.20.

“Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. 720 ILCS 5/11-0.1.

Yes. The law literally states that “Evidence of emission of semen is not required to prove sexual penetration.” 720 ILCS 5/11-0.1.

Yes, because a conviction for Criminal Sexual Assault will require registration as a sex offender. 730 ILCS 150/2.

Your entire life! The law states that “a sexual predator (which includes people who were convicted of Criminal Sexual Assault) shall register for the period of his or her natural life after conviction … if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from any such facility.” 730 ILCS 150/7.

Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. Especially with offenses like this one that involves a mandatory jail sentence.

One tool that police use to get evidence of a criminal sexual assault is eavesdropping. For example, the police could have the victim or the mother of the victim call you on the phone and ask you “how could you do such a thing?” They are seeking to get you to apologize because they would want to use that apology as an acknowledgment of guilt. They could also have a friend call you to ask you “what happened?” They are trying to get you to admit that a sexual act occurred between you and the victim. As with any ongoing criminal investigation, you have the right to a lawyer and the right to remain silent. DO NOT TALK TO ANYONE about an ongoing criminal investigation. #commonsense; #notlegaladvice.
Another way that police gather evidence for this crime is through search warrants. If you found this Criminal Sexual Assault guide by search for it on your phone or computer, yikes!!! Police can get search warrants to see your browsing history. Although people may find this guide for a variety of reasons (i.e. a google search after watching something in the news/show, clicking around in my website, and/or educational purposes) you wouldn’t want a jury/officer/prosecutor/judge to expect the worst.

Criminal Sexual Assault is a felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/11-1.20.

Generally, Criminal Sexual Assault is a class 1 felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/11-1.20.

Criminal Sexual Assault is a Class 1 Felony punishable by 4 to 15 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-30(a). If this is your second or subsequent offense, then Criminal Sexual Assault would be a special Class X Felony punishable by 30 to 60 years in the Illinois Department of Corrections. 720 ILCS 5/11-1.20(b)(1)(A).

You cannot receive a sentence of probation on a Criminal Sexual Assault charge. If you are convicted, then you are looking at a mandatory prison sentence. 730 ILCS 5/5-5-3(c)(2)(H).

No because court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-30(a). That means that the extended sentencing range for a Criminal Sexual Assault is 15 to 30 years in the Illinois Department of Corrections if you have a prior class 1 conviction.

Life in Prison. The law states that: “A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child … shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply.” 720 ILCS 5/11-1.20(b)(1)(B).

Criminal Sexual Assault is an 85% sentence. Illinois Truth-In-Sentencing law states: “that a prisoner serving a sentence for …criminal sexual assault … shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2)(ii). So if you received a prison sentence of 10 year in the Illinois Department of Corrections, the most you would actually serve is 8.5 years assuming you do not receive any other credits.

For Criminal Sexual Assault cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 18 months. 730 ILCS 5/5-8-1(d)(1.5).

The Defense of Consent.
“Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. 720 ILCS 5/11-0.1. If you raise the Defense of Consent, then the State has the burden of proving lack of consent beyond a reasonable doubt. People v. Haywood, 118 Ill. 2d 263, 274 (1987).
Challenge that you sexual penetrated the victim.
No DNA, No Fingerprints, No photos, No Videos, No text messages, No Facebook chats, Delayed Reporting, No Witnesses, No Injuries. All of those cut against the State that a criminal sexual assault ever occurred. If you kept your mouth shut and lawyered up (no confession), the lack of evidence on the case to support a conviction may be a huge hurdle for the State.

In these types of cases, the police try to “interview” the defendant to find out what happened. This is not you friendly chat with your neighbor over the fence of your backyard. This is an evidence-gathering mission! Exercise your right to remain silent and your right to a lawyer. #commonsense. #notlegaladvice. If you did talk to the police, a lawyer would have to review the circumstance to see if a motion could be filed.

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from Criminal Sexual Assault to probation on a Criminal Sexual Abuse is a good disposition.
Super Secret Info: The State can amend the charges to crimes that are not sex crimes. For example, the State could amend this charge to a Residential Burglary, Burglary, Unlawful Restraint, and/or Aggravated Battery in a Public Place. If the State’s case is weak, then sex offender probation on an aggravated battery might be a great option instead of taking the risk of trial.