Sexual Battery Versus Sexual Assault in Illinois: What’s the Difference?

The law makes clear distinctions between sexual battery versus sexual assault in Illinois. Although the two terms are sometimes used interchangeably, they carry different criminal charges, elements, and penalties. If you or a loved one has been accused of sexual battery or sexual assault, it is important to understand the differences between these offenses under Illinois law.

What Is Sexual Battery Under Illinois Law?

Under Illinois law, the term sexual battery refers to unwanted sexual conduct. This usually means some type of unwanted sexual touching or contact that occurs without the victim’s consent.

Sexual battery can include the act of intentionally touching the intimate area of another person’s body for the purpose of sexual arousal or gratification. It can also include causing someone else to make such contact, whether directly or through clothing that covers the immediate area.

According to Illinois law, a person commits sexual battery, legally referred to as criminal sexual abuse, when:

• The defendant knowingly made physical contact with a person’s intimate area, and it was sexual in nature, and the victim did not consent to the act.
• The defendant forced the victim to make contact by using force or by threatening/thinking they would be harmed if they did not submit to the contact.
• The victim was unable to consent to the act because they did not understand its nature.

Sexual battery can be charged as either a misdemeanor or felony offense, depending on how the conduct is described by law and whether other aggravating factors are included in the charge, such as using force or the victim being a young minor.

What Is Sexual Assault in Illinois?

Illinois sexual assault laws can include a wide variety of sexual offenses in Illinois. Sexual assault is usually a charge that involves sexual penetration or more serious forms of sexual contact. Sexual assault charges are typically more serious than sexual battery charges and carry stiffer penalties. Illinois law outlines several different statutes regarding sexual assault, including:

• Criminal sexual assault: This is the illegal sexual penetration or other conduct without consent. Depending on the circumstances, this can be a Class 1 felony or a Class X felony.
• Aggravated criminal sexual assault: This usually includes circumstances where force or weapons are used, or other factors increase the severity of the crime, such as the victim’s age.

Allegations of sexual assault are among the most serious criminal accusations that can be made against an individual and are vigorously prosecuted by local police and district attorneys.

Main Differences Between Sexual Battery and Sexual Assault

In Illinois, 4,333 people had been arrested for rape or sexual assault as of June 30, 2024. With 14.9% of arrests, this was the second most frequent crime. For a sex-related offense, an additional 645 people were arrested.

While the average person sometimes uses these terms interchangeably, these two charges have distinct differences. These include the following:

• The nature of the act: Sexual battery typically involves sexual touching or contact of some form. Sexual assault requires penetration, which is why sexual assault charges are typically filed as more serious felony offenses.
• Penalties: While both offenses can be charged as felonies, a sexual battery case can sometimes be charged as a misdemeanor depending on the circumstances.
• Consent and/or force: For both sexual battery and assault, the alleged conduct must have been non-consensual. Sexual assault, and in particular aggravated sexual assault, will typically include additional circumstances like force, threats, or intimidation.

How These Crimes Are Persecuted

Sexual battery and sexual assault charges in Edwardsville and Madison County are typically prosecuted in the Madison County Courthouse located at 155 North Main Street, Edwardsville, IL 62025. This courthouse is located near historic downtown Edwardsville, Illinois, and near the Route 159 corridor.

These crimes can be investigated by any law enforcement agency that has jurisdiction, including the Edwardsville Police Department and Madison County Sheriff’s Office. The prosecutor’s office that typically handles these cases is the Madison County State’s Attorney’s Office.

FAQs

What Is the Difference Between Sexual Assault and Sexual Battery in Illinois?

Sexual battery in Illinois is typically charged as criminal sexual abuse. Criminal sexual abuse involves sexual contact or touching without consent, but without penetration. Sexual assault generally refers to non-consensual sexual penetration and is charged as criminal sexual assault or aggravated criminal sexual assault. The difference is contact versus penetration.

Is Sexual Assault or Battery Worse?

Sexual assault is usually more serious than battery. Sexual assault often involves sexual penetration. It is usually charged as a felony in Illinois. Sexual assault can result in long prison sentences and registration as a sex offender. Battery can be charged as either a misdemeanor or a felony. Battery may also depend on what injuries occurred or if there were any aggravating factors. Sexual assault is usually punished more severely than battery.

Can Someone Be Charged With Both Sexual Battery and Sexual Assault in Illinois?

Yes. If someone’s behavior includes both sexual touching without consent and penetration, they can be charged with both criminal sexual abuse and criminal sexual assault. For example, if someone is charged with one count of criminal sexual abuse and one count of criminal sexual assault based on the same conduct, they would have two separate charges to defend against and could be sentenced for both offenses if convicted.

What Is an Example of Sexual Battery But Not Sexual Assault?

A scenario that would be an example of sexual battery but not sexual assault could be sexual touching without consent. For example, if someone purposefully touched another person’s private body parts over or under their clothes without their consent, that would be sexual battery. Since there was no penetration, it would likely be charged as criminal sexual abuse instead of criminal sexual assault in Illinois.

Hire a Sexual Assault Lawyer

At The Law Office of Jessica Koester, LLC, we understand how serious being charged with sexual assault and/or sexual battery can be. We work hard to defend our clients’ rights and keep them informed during the entire process. If you have been charged with one of these crimes, hire a sexual assault lawyer at The Law Office of Jessica Koester, LLC, right away. Contact us today to begin fighting for your future.