Posted on Saturday, March 1st, 2025 at 9:00 am
If you are facing sexual assault charges in Illinois, you need to understand what that means. Your freedom, career, and reputation are all at risk. A conviction for sexual assault does not just go away. It follows you. Whether you are being investigated or have already been charged, you need to be clear on what you are up against and act fast.
What Qualifies as Sexual Assault?
In Illinois, sexual assault—legally called criminal sexual assault—means any sexual penetration without consent, including cases involving force, threats, or when the victim can’t consent. Illinois statute 720 ILCS 5/11-1.20 defines this crime.
Some cases involve more severe charges like:
- Aggravated criminal sexual assault involves weapons, serious injury, or victims who meet specific age criteria.
- Predatory criminal sexual assault of a child applies when the victim is under 13.
- Statutory rape involves sexual activity with someone under 17, even if they agree—an underage person has no legal capacity to consent.
Illinois does not use the term ‘sexual battery’ as some states do. Here, non-consensual contact or penetration gets charged under specific offenses, and the details of what happened determine precisely how it is classified.
Potential Penalties and Consequences
Under Illinois law (720 ILCS 5/11-1.20), criminal sexual assault refers to sexual penetration that occurs by force or threat of force, when the victim is unable to give knowing consent, or when the accused holds a position of trust or authority over a victim under 18. It’s listed as a Class 1 felony, but sentencing can vary depending on the case’s specifics. Repeat offenses or certain aggravating circumstances may lead to enhanced penalties under other sections of the law, including the possibility of extended or more severe sentencing.
A conviction is not just about taking time away from your life. It can affect every part of your life, even after the case is over. You might lose your job or have a hard time finding one, run into housing issues, and lose your right to own a gun. It can also make it challenging to get or hang on to a professional license. On top of that, people often deal with family problems and the kind of social judgment that does not go away.
Pretrial Process, Plea Bargains, and Sentencing
If charges are filed, there is usually a pretrial hearing where your attorney can challenge the prosecution’s evidence or try to get certain parts of the case thrown out. Some cases get resolved at this stage, often through plea bargains.
Plea deals can sometimes lead to reduced charges or a lighter sentence, but it depends on the facts of the case and how strong the evidence is. If you go to trial and lose, sentencing depends on the specific charge, whether you have been convicted before, and whether there were any aggravating factors.
Illinois has mandatory minimums for many sexual offenses, especially when the victims are children, so a conviction almost always means prison time.
Legal Defense Options
If you are facing a sexual assault charge, do not try to handle it on your own. You need a lawyer who knows how to deal with these cases. This is especially true in cases that involve things like consent, digital communication, or forensic evidence.
Depending on the case, possible defense strategies include showing that the other person consented, proving the accusation is false, or arguing mistaken identity if there is no physical evidence tying you to the crime. In rare cases, self-defense also applies. Every case is different, so what works in one situation might not work in another. That is why having a lawyer who understands how these cases play out in Illinois courts makes all the difference.
Can You Expunge These Charges?
If you are convicted of sexual assault in Illinois, your record probably can’t be expunged or sealed. That means the conviction stays on public record permanently. However, if the court drops or dismisses the charges, it might be possible to clear your name. That is something to discuss with your attorney early on.
The Stakes Are Too High to Go It Alone
Facing sexual assault charges is overwhelming, but you do not have to handle it alone. The team at Bruno Law Offices has years of experience defending clients in severe cases, including criminal sexual conduct, statutory rape, and consent-related accusations. When your future is at stake, having the right legal team matters—and getting answers starts with a conversation. Call us today at (217) 328-6000 or contact us online. You’ll get a confidential consultation with one of our Illinois sex crimes defense lawyers.