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CHICAGO SEX ASSAULT CRIMINAL DEFENSE ATTORNEY
ILLINOIS AND CHICAGO SEX ASSAULT CRIMINAL DEFENSE ATTORNEY WILL HELP YOU IF THE STATE CHARGED YOU WITH SEX ASSAULT
CHICAGO CRIMINAL SEXUAL ASSAULT ATTORNEY WARNS YOU!
It is important to realize that the offense of criminal sexual assault is among the most serious offenses in the State of Illinois. Consequently, a person who commits criminal sexual assault will face a lengthy prison sentence and a huge fine. Equally important, the law, which goes into effect on January 1, 2020, eliminated a 10-year statute of limitations for prosecuting criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse. As a matter of fact, numerous people throughout Illinois are going to find themselves in this situation each year as a criminal or as a victim. They all need the help of a Chicago criminal sexual assault attorney.
WHAT IS CRIMINAL SEXUAL ASSAULT IN ILLINOIS!
Usually, the most charged sexual offenses include Sexual assault, Aggravated sexual assault and Predatory criminal sexual assault of a child. Chicago criminal sexual assault attorney Maksim Tikhvinskiy has extensive experience in the defense of such cases.
A person commits criminal sexual assault if that person commits an act of sexual penetration and:
- Firstly, a perpetrator uses force to engage in sexual penetration against a victim. It also qualifies if a perpetrator uses the threat of force to coerce a victim into an act of sexual penetration.
- Secondly, a victim is unable to give proper consent to sexual penetration. This can be due to the fact that the victim does not understand the nature or context of the sexual act in question.
- Thirdly, a perpetrator engages in sexual penetration with an underage family member. If the victim is under the age of 18 years old and related to the perpetrator, it falls under the purview of the statute.
- Fourthly, a perpetrator holds a position of trust, supervision, or authority over a victim. Though for this type of criminal sexual assault charge, the victim must be between the ages of 13 and 17 years old.
WHAT A FAMILY MEMBER IS.
Here, “Family member” means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. “Family member” also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
Next “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of the emission of semen is not required to prove sexual penetration.
THREE DIFFERENT FORMS OF SEXUAL ASSAULT.
Generally, there are three different offenses of criminal sexual assault: Simple Criminal Sexual Assault, Aggravated Criminal Sexual Assault and Predatory Criminal Sexual Assault of a Child.
AGGRAVATED SEXUAL ASSAULT.
Firstly, a person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or occur as part of the same course of conduct as the commission of the offense:
- (1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
- (2) the person causes bodily harm to the victim;
- (3) the person acts in a manner that threatens or endangers the life of the victim or any other person;
- (4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
- (5) the victim is 60 years of age or older;
- (6) the victim is a physically handicapped person;
- (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes;
- (8) the person is armed with a firearm;
- (9) the person personally discharges a firearm during the commission of the offense;
- or (10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
Secondly, a person commits aggravated criminal sexual assault if that person is under 17 years of age and:
- (1) commits an act of sexual penetration with a victim who is under 9 years of age; or
- (2) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
Thirdly, a person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.
PREDATORY CRIMINAL SEXUAL ASSAULT OF A CHILD.
As a matter of fact, a person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
First: the victim is under 13 years of age;
Second: the victim is under 13 years of age and that person: (A) is armed with a firearm; (B) personally discharges a firearm during the commission of the offense; (C) causes great bodily harm to the victim that: results in permanent disability; or is life-threatening; or (D) delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception, for other than medical purposes.
PENALTIES FOR SEXUAL ASSAULT.
It is important to realize that Criminal sexual assault is punishable as a Class 1 felony, with potential prison time from four to fifteen years, as well as a fine that could be as much as $25,000. Further, the punishment for aggravated sexual assault depends upon the circumstances of the crime. Usually, sentences range from six to thirty years in prison and a fine of up to $25,000. If a person is charged and convicted of a subsequent sexual assault crime, then he or she faces life imprisonment. And if the defendant is charged with more than one count, those penalties can be added together. The prison term for criminal sexual assault of a child could be no less than 30 years and no longer than 60, and even up to a term of natural life imprisonment.
SEX OFFENDER REGISTRY.
Additionally, a conviction will result in a felony record and mandatory registration on the Sex Offender Registry. This registry is accessible to anyone with internet access and registration is required for life. Often some online groups notify the neighborhoods into which the offender is living. Being a registered sex offender limits job opportunities.
DEFENSES AGAINST A CHARGE OF SEXUAL ASSAULT.
It is really a very difficult job to defend against charges of sexual assault. There are too many different factors. This is the consent or disagreement of the victim, the bias of the police and witnesses, the quality of the examinations and material evidence, etc. Chicago Criminal sexual assault attorney Maksim Tikhvinskiy can create the most effective and aggressive defense available for his clients. He will review every aspect of the case and will develop the defense that may lead to dismissal of the charges or the minimal penalties. Call (312) 583-7345! The first consultation is free and 100% confidential. Do not make any decisions about your criminal case before calling a Criminal sexual assault Attorney in Chicago. Your future depends on successfully resolving your criminal case.