In today’s age of technology, meeting people online or through a dating app is an everyday occurrence. Even social media platforms are used for people to meet and date new people.

While many of these online resources have age limits to help keep minors active, it doesn’t always work. It’s easy for a minor to lie about their age. What happens if you meet a person, hook up with them, and then find out they aren’t the legal age of consent in Illinois? Did you commit a sex crime?

The truth is that, while there are many factors in these types of cases, having sex with a minor in Illinois is a crime and can lead to criminal charges. Read on to find out more.

Consent in Illinois

In the state of Illinois, there is an age of consent. That age is 17 years old. What that means is that anyone over the age of 17 can freely engage in sexual activity with a partner, but anyone under that age is deemed legally unable to give their consent. Having sex with them can lead to criminal charges for sex crimes.

Sex Crimes in Illinois

Adults are held to a higher standard legally when it comes to sex acts with minors. In Illinois, even if a minor tells you they are older than the age of consent, you can still be liable for sexual acts you commit with them. This could lead to being charged with an Illinois sex crime.

The two most common crimes a person will face if they have sex with someone underage include:

Criminal Sexual Abuse

This occurs when someone engages in sex acts that do not include penetration with a minor. You can be charged with this crime if both you and the victim are between the ages of 9 and 17 or if the victim is older than 13 but younger than 17 – and the defendant is at least five years older than they are.

In most circumstances, this crime is a Class 4 felony. It can put you behind bars for up to three years and make you responsible for fines of as much as $25,000. If a person has a criminal history of sexual abuse, then the penalty can be more severe.

You can also be charged with aggravated sexual abuse, which is a Class 2 felony. It can result in up to seven years in prison.

Criminal Sexual Assault

The other crime that can be charged in situations where a person has sex with a minor is criminal sexual assault. This is defined as engaging in penetrative sex with someone without their consent. If they are under the age of consent in the state, then even if they tell you yes, it doesn’t legally count as consent – because they are not considered legally able to give it.

Criminal sexual assault is normally considered a Class 1 felony, which is very serious. It can result in up to 15 years in prison and make the defendant responsible for fines of as much as $25,000.

In general, it’s up to an adult to ensure your sexual partners with whom you have sexual relations are of legal age. Even if a victim lies about their age, legally, the responsibility lies with the adult in the situation to do their due diligence.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When you hear about sexual assault cases on television, you may notice reporters using various terms for similar charges: “rape,” “sexual assault,” “sexual abuse,” etc. Each state has different definitions and charges for sexual assault crimes. If you are charged with any sort of sex crime here in Illinois, it is crucial to know what you are up against, and how you can defend yourself.

Let’s look at the three tiers of criminal sexual assault in Illinois: criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child.

(There are also two types of criminal sexual abuse charges in Illinois that apply to cases where sexual penetration was not present.)

Criminal Sexual Assault

Criminal sexual assault is the most “basic” sexual assault charge in Illinois. Defendants can be convicted of criminal sexual assault if prosecutors can prove that sexual penetration occurred and one of the other elements were present:

• Force or the threat of force
• Knowledge that the victim did not understand the nature of sex or was not able to consent (they were unconscious, sleeping, intoxicated, etc.)
• The victim was under the age of 18 and the perpetrator and victim are family members
• The victim was between the ages of 13-18, the perpetrator was over the age of 17, and the perpetrator held a position of authority over the victim (teacher, law enforcement officer, coach, etc.)

In Illinois, criminal sexual assault is a Class 1 felony. Penalties include up to 15 years in prison unless the defendant has a previous sexual assault conviction on their record.

Subsequent sexual assault charges are a Class X felony. Penalties include up to 60 years in prison, but the sentence can be increased to life behind bars.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault occurs when “aggravating factors” are present in a sexual assault crime. In Illinois, “aggravating factors” for sex crimes include:

• The perpetrator used, threatened to use, or displayed a dangerous weapon, including firearms, during the act
• The perpetrator used, threatened to use, or displayed an object that the victim believed was a dangerous weapon
• The perpetrator was armed with a firearm
• Bodily harm
• Endangerment or threat to endanger the life of the victim or another person
• Another felony was committed or attempted during the act
• The victim was over the age of 60 or had a disability
• Controlled substances were administered to the victim (“date-rape” drugs, etc.)

Even if just one of these aggravated factors were present, the sexual assault charge is elevated to a Class X felony. Penalties include up to 30 years behind bars, but the sentence could be extended to life.

Predatory Criminal Sexual Assault of a Child

Two things make this charge different from other sexual assault charges. The first is the age of both the victim and the perpetrator. The second is that sexual penetration does not necessarily have to occur.

According to Illinois law, predatory criminal sexual assault can occur if there is “contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal.”

If the victim is under the age of 13 and the perpetrator is over the age of 17 and this act occurs, the perpetrator could be charged with predatory criminal sexual assault of a child.

This crime is a Class X felony. Penalties include up to 60 years in prison, but aggravating circumstances could increase the sentence to life.

Regardless of which type of criminal sexual assault charge you may be up against, there are defense strategies that may be able to help you fight charges. Talk to your lawyer about how you can reduce your sentence or get your charges dropped.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

By now, whether you live here in Chicago or anywhere else in the United States, you’ve probably heard that multiple victims have accused Former Speaker of the House Dennis Hastert of sexual assault.

Last year, Hastert was sentenced to 15 months in a federal prison for bank fraud, which was connected to allegations that, over 30 years ago, he sexually abused teenage boys and paid one victim $3.5 million in hush money. The federal judge called him a “serial child molester” and, in addition to prison time, he was fined $250,000 and two years of supervised release. He will also have to register as a sex offender.

While Hastert will soon be released from prison, another victim has come forward with more sexual assault allegations. Richard Doe – a pseudonym – has accused Hastert of sexually assaulting him when he was in fourth grade. This claim is the most recent and makes at least five allegations against Hastert.

With so many sexual assault allegations, it’s difficult to see how Hastert can defend himself, but being charged with sexual assault is not necessarily a hopeless situation. An experienced Illinois sexual assault attorney can help craft the strongest possible defense strategy for your case and ensure that you receive the best possible outcome.

Strategies You Can Use If Charged with Sexual Assault

Here are three common defenses against sexual assault:

1. Claiming actual innocence. The most common sexual assault defense strategy is simply saying that you didn’t do it. While many of these cases come down to he-said, she-said, there might be evidence that supports your innocence claim.

For example, if you have an alibi that can be proven for the day and time of the sexual assault, it will go a long way in showing that you couldn’t have been the perpetrator. You will need to provide receipts, bills, tickets, witness testimonies, and any other physical evidence that proves you were in one place and not the other.

2. The sexual contact was consensual. For sexual assault to occur, the victim has to engage in sexual contact against his or her will. This means if the victim consented, then no assault happened.

The kicker with this defense, though, is that you have to prove that the victim consented, which can oftentimes be incredibly difficult to prove. The victim’s history may be helpful in this situation, especially if the victim has made similar allegations before.

Remember, the prosecution has to prove you committed the crime beyond a reasonable doubt. If you can cast doubt on the credibility of their star witness – the victim – you might be able to cast doubt on the whole case.

3. Suppressing illegally obtained evidence. It’s important to remember that even though you’ve been accused of a crime, you still have constitutional rights. If the authorities didn’t conduct a legal search and seizure, then anything obtained can’t and shouldn’t be used against you in a courtroom. For this reason, your experienced criminal defense attorney should file a motion to suppress those pieces of evidence.

On top of that, the court should also reject any evidence that has been tainted, damaged, or compromised.

If you’ve been accused to sexual assault, don’t hesitate to reach out to a knowledgeable Illinois sex crimes attorney with proven results to get started on your defense and fight for your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.