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What is considered rape under Illinois law?

On Behalf of | Feb 8, 2023 | Felonies, Sex Crimes

Rape, like any type of sexually-motivated crime, is one of the most violating. Sometimes, a false accusation is made. This is how Illinois law defines rape and how a person accused can defend against the allegations.

Understanding rape in Illinois

Illinois law defines rape as a type of battery and assault that occurs when sexual penetration takes place without a person’s consent. That can involve sexual organs, objects or any body part penetrating the victim’s vagina, anus or mouth. Rape and any other type of sexual assault accusations are among the most serious and damaging.

Rape is a crime of rage and control; it is not perpetrated for sexual satisfaction. It can occur between strangers, intimate dating partners or even family members. When a child younger than 17 is the victim, the offense is considered statutory rape.

Defenses to rape

There are certain defenses that can be used against rape or sexual assault charges. One is that the victim or witnesses misidentified the attacker. In most cases, this can be verified through the use of DNA evidence. It’s not enough for a person to be accused based on the way they look. This defense can be used if the victim didn’t see the attacker’s face or if a witness is influenced to pick someone out in a lineup.

Another defense is having an alibi. For example, if a woman was raped on a certain date at a specific time and the defendant can prove they were somewhere else during that time and witnesses attest to that, it could work in the accused’s favor.

Consent may be the strongest defense if it can be proven that the other person agreed to the sexual contact. It’s often successful in cases where a person claims rape out of anger or revenge.

Rape charges are life-changing and need to be taken seriously. Protecting your reputation is crucial.