Students Who Commit Sexual Violence at School to Be Expelled

 Posted on February 06, 2025 in Sex Crimes

A new bill (Senate Bill 0098) recently introduced by Illinois lawmakers adds another layer of protection against sexual assault on school grounds. Under this bill, there would be a one-year expulsion policy for any student who commits sexual violence against another student at school or at a school-related activity.

While there are already laws in place that will expel a student for taking a weapon – including brass knuckles – to school, sexual assault has, to this point, been excluded. Those in favor of the new law say this is a school safety issue and will protect all students. Several other states, including California and Michigan, already have similar laws, although they each take sexual abuse incidents on a case-by-case basis.

If this bill passes, a student could be expelled for a year following a credible accusation of sexual assault or abuse. If your student is charged with sexual assault, or you are an adult charged with sexual assault or another sex crime, you should take the charges very seriously, as the penalties can be severe. Contacting a Rolling Meadows, IL criminal defense lawyer is the best step you can take to safeguard your future.

What Are Some of the Most Common Sex Crimes in Illinois?

While there are additional sex crimes that a person can be charged with, the most commonly charged sex crimes in the state include:

• Criminal sexual assault involves sexual penetration with the use of force or without consent from the victim. Criminal sexual assault is a Class 1 felony and can result in between four and 15 years in prison upon conviction.
• Predatory criminal sexual assault of a child is one of the most serious sex crimes in the state, involving sexual penetration with a child under the age of 13. Predatory criminal sexual conduct is a Class X felony, with a sentence of six to 60 years in prison.
• Aggravated criminal sexual assault involves the use of a weapon or the infliction of bodily harm during the assault. Aggravated criminal sexual assault is charged as a Class X felony, which can result in between six and 30 years in prison.
• Failure to register as a sex offender is a Class 3 felony with penalties that range from probation to up to five years in prison.
• Criminal sexual abuse involves sexual conduct or penetration with an individual who is unable to give consent. Criminal sexual abuse is a Class 4 felony. A conviction for this offense can result in up to three years in prison.

Are There Defenses to Illinois Sex Crimes?

Being found guilty of a sex crime can have consequences that last a lifetime. While each situation is different, and the defense used will depend on the facts and circumstances, there are some common defenses. Actual innocence is a defense, particularly when the defendant has an alibi or a witness identification that can be challenged.

While jurors are particularly enchanted with DNA evidence, DNA testing is now so sensitive that secondary contact with a contaminated item can falsely implicate a defendant.  In some cases, consent may be the best defense. The victim may have first consented, then claimed sexual assault.

If the alleged victim is under the legal age of consent, intoxicated or impaired, developmentally disabled, mentally incapacitated, or unconscious, then claiming consent will not be a valid defense. The alleged victim may have made false statements for revenge or out of malice. If this is the case, the defense attorney will need to show that the victim is not a credible witness.

Contact an Arlington Heights, IL Defense Attorney

First as a prosecutor, and then as a criminal defense lawyer, Attorney Anderson has a deep understanding of what most people face when charged and arrested for a crime. His 25 years of criminal law experience make him the Rolling Meadows, IL sex crimes lawyer you want in your corner to aggressively defend your charges. Contact Scott F. Anderson, Attorney at Law at 847-253-3400 to schedule your free consultation.