Understanding Illinois Sexual Consent Laws

 Posted on April 25, 2018 in Sex Crimes

One of the most controversial and emotional crimes a person can be accused of - whether the accusation is true or not - is a sex crime. One of the reasons why sex crime accusations are so controversial is the unclarity of what does and does not insinuate consent. Each state has its own sexual consent laws and varying punishments for sex crimes. It’s important to understand what constitutes sexual consent in your state.

Sexual Consent in Illinois

According to Illinois state law, consent is defined as a freely given agreement to the act of sexual penetration or sexual conduct in question. It also states that a lack of verbal or physical resistance or submission by the victim in response to the use of force or threat of force does not constitute consent. Illinois state law also says that the manner of dress of the victim does not constitute consent. Furthermore, a person can withdraw consent during the course of a sexual act and any further action by the accused is considered non-consensual.

Punishments for Sex Crimes

There are varying punishments for sex crimes, and they depend on the specific crime that an individual is charged with. The laws in Illinois are as follows:

• Criminal sexual assault - This is a Class 1 felony and carries a minimum sentence of 30 years and a maximum of 60 years.
• Aggravated criminal sexual assault - This is a Class X felony and adds between 10 and 25 years to the sentence that the courts determine.
• Predatory criminal sexual assault of a child - This crime is a Class X felony and terms can range anywhere from six years to natural life imprisonment, depending on the severity of the crime.
• Criminal sexual abuse - This crime can be classified anywhere from a Class A misdemeanor to a Class 2 felony and can carry a sentence from a few years of probation to seven years in prison.
• Aggravated criminal sexual abuse - This is a Class 2 felony and carries a term of three to seven years in prison.

Contact an Illinois Sex Crimes Defense Attorney

If you have been accused of a sex crime, finding an experienced Illinois defense attorney will ensure you have the representation you deserve. The Law Offices of Scott F. Anderson in Arlington Heights will help guide you through the intricacies and uncertainties of the sex crimes legal process. To schedule a free, confidential consultation, call 847-253-3400.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V&ActID=1999&ChapterID=55&SeqStart=21300000&SeqEnd=38100000