What Counts as Sexual Assault in Illinois?

What counts as sexual assault in Illinois? This is a question we hear often from accused individuals, police officers, and others who find themselves unclear about Illinois sexual assault laws. Many people have general ideas about what qualifies as sexual assault or rape. Often, these ideas are derived from common societal standards about relationships and consent. However, Illinois law is very clear about its definition of sexual assault.

What Illinois Law Says About Sexual Assault

The law in Illinois states that someone commits criminal sexual assault when they intentionally cause sexual penetration to happen. However, sexual assault is only illegal when committed under certain circumstances where consent to have sexual penetration is not valid under Illinois law. Illinois law further defines sexual penetration very broadly.

Essentially, it means any intrusion, however slight, of the victim’s sex organ by the defendant’s sex organ. You do not have to have had traditional intercourse to be charged with criminal sexual assault. Prosecutors consider many factors surrounding the sexual act when evaluating consent and the circumstances of the encounter, such as whether or not weapons were present and/or used and whether or not the victim was legally able to give consent.

As of June 30, 2024, 4,333 people in Illinois have been in custody for rape or sexual assault. This was the second most frequent offense, accounting for 14.9% of arrests; 645 more people were taken into custody for sex-related offenses.

What Constitutes Sexual Assault in Illinois?

Sexual assault charges can stem from numerous circumstances. They often occur between acquaintances rather than strangers. Also, many acts of sexual assault do not involve physical violence. Illinois law looks at whether consent was legally given at the time of sexual penetration, not whether the people involved regretted their actions afterward.

As such, some actions that many believe would not result in criminal charges still may. Some examples of actions that count as sexual assault include:

• Sexually penetrating someone who is too intoxicated to give consent
• Having sex with someone who is asleep or unconscious
• Sexually penetrating someone under the age of 17
• Forcing someone to submit to penetration through force
• Continuing penetration after someone withdraws their consent

Each sexual assault charge in Illinois is unique and will depend on the events that occurred, when they happened, and who is telling the truth.

Hire a Sexual Assault Lawyer

If you are being investigated for or have been charged with sexual assault, you should hire a sexual assault lawyer before speaking to the police. Not only can a sexual assault attorney prevent you from making self-incriminating statements, but they can also protect your favorable evidence and identify constitutional violations to weaken the prosecution’s Illinois sexual assault case.

Sexual assault charges in Edwardsville and the surrounding areas, such as Glen Carbon, Collinsville, and Maryville, are handled at the Madison County Courthouse at 155 North Main Street, Edwardsville, IL 62025. Prosecutors in Madison County take all sex offense cases seriously, especially those involving underage victims or the use of force.

About The Law Office of Jessica Koester, LLC

Attorney Jessica Koester is located in Edwardsville, Illinois, serving the Metro East area and surrounding areas, and has spent countless hours in jury trials throughout Illinois, perfecting trial skills and strategies. If you are facing a sexual assault charge or have been accused of sexual assault, contact us today to discuss your legal options.