Facing sexual assault charges? You’re not alone. According to the anti sexual violence organization RAINN, a sexual assault occurs every 68 seconds in America, making it one of the most common crimes in the country. Sexual assault charges can describe a variety of different actions involving unwanted sexual acts.

If you or someone you know are facing sexual assault charges, it’s imperative that you seek professional legal help immediately. Sami Azhari is the principal of Azhari LLC, a top ranked law firm serving clients in the greater Chicago area and around the country.

Today, we’ll discuss sexual assault charges, penalties, and how long you can go to jail for sexual assault. 

What Are Sexual Assault Charges?

The term sexual assault is somewhat of an umbrella term, but it is generally used to describe any unwanted or non-consensual sexual contact between two parties. 

The specific laws around sexual assault may differ from state to state, but can involve acts such as unwanted touching, forcing oral sex or acts that do not include penetration, and up to and including forced penetration. 

Sexual assault charges can also be applied when the victim is incapable of giving consent, such as when intoxicated, or when the victim is a minor. 

Criminal Sexual Abuse vs Sexual Assault Charges in Illinois

The Illinois General Assembly distinguishes sexual abuse and sexual assault as two separate criminal acts. 

Criminal sexual abuse is codified under 720 ILCS 5/11-1.50. It is defined as an act of sexual conduct by the use or threat of force. Sexual abuse can also be defined as an act of sexual conduct where the perpetrator knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. 

Criminal sexual assault is considered to be a more serious crime. It is codified under 720 ILCS 5/11-1.20 as an act of sexual penetration where the perpetrator uses force or threat of force, does not receive consent, or where the victim is unable to understand the action or give consent. Criminal sexual assault can also be charged if the victim is a family member under the age of 18.

Is Sexual Assault a Felony?

Whether sexual abuse or assault is a felony or not depends on the exact nature of the incident. 

Criminal sexual abuse is a Class 4 felony, which is punishable with a sentence between 1-3 years in the Illinois Department of Corrections. Subsequent offenses will be charged as a higher Class 2 felony. 

However, sexual abuse may be considered a Class A misdemeanor if the perpetrator is under the age of 17, and the victim is between the ages of 9 and 17. Sexual abuse may also be considered a Class A misdemeanor if the victim is between 13 and 17 years, and the perpetrator is less than 5 years older than the victim.

Sexual assault is a Class 1 felony in Illinois, making it a more serious offense than sexual abuse. If a person commits a subsequent act of sexual assault, the offense is considered to be a Class X felony.

If a sexual assault crime is committed along with at least one of several aggravating factors, it is considered to be aggravated sexual assault, a Class X felony.

Aggravating factors include: 

• Causing bodily harm to the victim
• Use or threat of use of weapons, including discharge of a firearms 
• Victim’s age of 60 or more 
• Victim has a physical or mental disability
• Administering controlled substances to the victim without consent

How Long Can You Go to Jail for Sexual Assault?

As a Class 4 felony, sexual abuse is punishable with 1-3 years in the Illinois Department of Corrections for first time offenders. Subsequent offenses can include a sentence of 3-7 years imprisonment. 

For the more serious Class 1 felony of sexual assault, jailtime includes a sentence of 4-15 years. Subsequent offenses can carry a prison sentence of 6 to 30 years. 

Aggravated sexual assault jailtime includes sentences from 6 to 30 years, with the potential for 10, 15, or 20 additional years added based upon the aggravating factors. 

What Other Penalities Can Be Enforced On Sexual Assault Charges?

Charges for sexual assault and abuse both often carry additional penalties for perpetrators including fines and registration as a sex offender.

In Illinois, both sexual abuse and sexual assault charges carry a fine not to exceed $25,000 per offense. However, a sexual abuse charge may not include a fine, but a sexual assault charge carries a minimum fine of $75. 

The severity of the crime may also require those convicted of sexual assault charges to register as a sex offender. This requires a person convicted of a sex offense to register with law enforcement wherever they live, even if they move to a different state. Sex offender registrations can last for 10 years, 20 years, or even for the rest of the offender’s life.  

Sex offender registrations exist in every state, and are a matter of public record. Being placed on a sex offender registry means that prospective employers will see this information, which can make it difficult for offenders to find jobs. Not only that, it can even impact your ability to find housing. 

Other consequences of a conviction on charges for sexual assault can include a temporary loss of voting rights, the loss of fire arm rights, and even immigration or citizenship issues for non-citizens. 

Being convicted on sex assault charges will also likely include court ordered sex offender treatment while in prison or upon release. 

Are There Defenses Against Sexual Assault Charges?

While sexual assault charges are extremely serious, every person has the right to a fair trial. Some defenses for sexual assault charges include:

• False Accusation – This defense asserts that the defendant has been wrongly accused, or mistakenly identified.
• Consensual Sexual Activity – The defense can argue that the sexual contact was consensual between the two parties.
• Insufficient Evidence – This defense argues that there is not enough evidence to prove beyond reasonable doubt that the defendant committed the crime. 

In Need of Help Defending Against Charges for Sexual Assault?

Accusations of sexual assault are extremely serious, and can have life altering consequences for defendants. If you’re facing sexual assault charges, you need the help of an experienced lawyer to help you fight in court. 

With nearly 17 years of experience as a criminal defense lawyer, Sami Azhari of Azhari LLC is known for vigorously defending his clients against a wide variety of charges, including sex assault charges, in the greater Chicago area and around the United States. 

Sami will investigate your case, and work with you to protect your rights and build the best possible defense. 

Don’t try to defend against these charges on your own. Contact Sami Azhari today for a free case consultation, and let us use our experience to get you the best possible outcome.