Sex crimes are among the most serious crimes in our legal system and carry severe penalties and long-lasting consequences for those convicted. These crimes cover a wide range of illegal acts, from sexual assault and rape to child abuse and prostitution.
In this article, our criminal defense attorneys provide an overview of the different types of sex crimes, the relevant Illinois laws, and possible defenses to criminal charges.
What constitutes a sex crime?
A sex crime involves illegal sexual behavior, typically without the victim’s consent. In Illinois, the definition of consent is critical in determining whether a sex crime has occurred. The Criminal Code defines consent as “freely given consent to the act of sexual penetration or sexual behavior in question”.
Under Illinois law, a victim’s lack of resistance or submission, as well as his or her style of dress, does not constitute consent to sexual activity. In addition, consent can be withdrawn at any time, and anyone under the age of 17 cannot legally give consent, although a reasonable belief that the person is 17 or older may be a defense to sexual assault charges.
Categories of Sex Crimes in Illinois
Our team at Rose Legal Services has a deep understanding of the nuances of consent and its application in various sex crime cases.
Rape and sexual assault
In Illinois, the offense of criminal sexual assault, commonly known as rape, is defined at 720 ILCS 5/11-1.20. This crime involves sexual penetration using force, the threat of force, or when the victim is unable to give knowing consent.
Aggravating factors such as use of a weapon or infliction of bodily harm can increase the charge to aggravated sexual assault (720 ILCS 5/11-1.30), which carries even harsher penalties.
Child sexual abuse, harassment and pornography
In Illinois, the age of consent is generally 17 (720 ILCS 5/11-1.50). Sexual conduct with a minor under this age is considered statutory rape, even if the minor allegedly consented. Other child-related sexual offenses include predatory sexual assault of a child (720 ILCS 5/11-1.40) and child pornography (720 ILCS 5/11-20.1).
Statutory rape
As previously mentioned, statutory rape involves sexual conduct with a minor who is not yet of legal age. Illinois has a limited “Romeo and Juliet” exception (720 ILCS 5/11-1.50(c)) that allows for consensual sexual activity between a minor who is at least 13 years old and a defendant who is less than five years old is older, allowed. However, this exception does not apply if the defendant holds a position of authority or trust over the minor.
Indecent exposure and public indecency
Indecent exposure and public indecency offenses involve exposing one’s genitals or engaging in sexual behavior in public places. In Illinois, public indecency is prohibited under 720 ILCS 5/11-30 and includes a range of offenses from indecent exposure to sexual activity in public. Aggravating factors such as criminal records or proximity to schools can increase penalties for these crimes.
Prostitution and advertising
Prostitution means sexual behavior in exchange for money or other valuables. In Illinois, both the act of prostitution and the solicitation of a prostitute are illegal under 720 ILCS 5/11-14 and 720 ILCS 5/11-14.1, respectively. Penalties can vary depending on factors such as prior convictions and whether the crime involved a minor. It is important to note that human trafficking victims may have a defense to prostitution charges.
Possible penalties for sexual offense convictions in Illinois
Penalties for sexual offense convictions in Illinois can be severe, depending on the specific offense and any aggravating factors. For example, criminal sexual assault is generally a Class 1 felony punishable by 4 to 15 years in prison.
However, if certain aggravating factors are present, such as the use of a dangerous weapon or the infliction of bodily harm, it is aggravated sexual assault, a natural prison felony.
Other sexual crimes, such as predatory sexual abuse of a child or criminal sexual abuse, also carry significant penalties.
- Predatory sexual assault of a child is a class felony
- Criminal sexual abuse ranges from a Class A misdemeanor to a Class 2 felony, depending on factors such as the victim’s age and the presence or threat of violence.
In addition to long prison sentences, convictions for sexual offenses can also result in mandatory sex offender registration, which can have long-term consequences for the offender.
Sex Offender Registration
The Illinois Sex Offender Registration Act (730 ILCS 150/) requires individuals convicted of certain sex crimes to register as sex offenders. The length of the registration period depends on the specific crime:
- Most sex crimes require the perpetrator to register for a period of 10 years from the date of conviction or release from prison, whichever is later.
- Anyone deemed sexually dangerous or sexually violent must register for life.
Registered sex offenders are required to provide law enforcement with detailed personal information, including their address, place of employment and the schools they attend. This information will be made publicly available on the Illinois Sex Offender Registry website, which may have a significant impact on their ability to obtain housing and employment and maintain personal relationships.
Defending against sex crime charges in Illinois
If you are accused of a sex crime in Illinois, it is important to have an experienced criminal defense attorney on your side – someone who understands the intricacies of these types of cases.
Depending on the specific allegations, your attorney may raise several defenses, including:
- Consent: When the allegation involves an adult victim, consent may be a viable defense if there is evidence to support it.
- Improper Age: In cases involving minors, if the defendant reasonably believed that the victim was of legal age, this may be a possible defense depending on the charge and the facts of the case.
- False Accusations: If there is evidence that the accusations are false or based on ulterior motives, this can be a strong defense.
- Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there is insufficient evidence to support the charge, this may result in an acquittal.
- Constitutional Violations: If the defendant’s constitutional rights have been violated during the investigation or arrest process, this can lead to the exclusion of certain evidence or even the dismissal of the charges.
It is important to remember that every case is different and the most appropriate defense strategy will depend on the specific facts and circumstances.
In some cases, plea agreements and sentencing reductions can be effective strategies in sex crime cases. Our attorneys at Rose Legal Services can negotiate with prosecutors to seek a lesser charge or a more lenient sentence in exchange for a guilty plea if that is the best course of action for your situation.
However, you always have the right to a jury trial. If you choose to exercise this right, you can trust our experienced team to provide a comprehensive defense.
With Rose Legal Services on your side, you can trust that your rights and your future are being protected by a team of professionals.
Accused of a sex crime in Illinois? Rose Legal Services can help you protect your future
Sex crimes are serious crimes that can carry severe penalties and lifelong consequences for those convicted. It is important for anyone facing such charges to understand the different types of sex crimes and the corresponding laws in Illinois. If you or a loved one is accused of a sex crime, contact an experienced criminal defense attorney who can protect your rights and build a strong defense.
At Rose Legal Services, our team of passionate, dedicated attorneys has extensive experience handling a variety of sex crimes cases in Illinois. We understand the sensitivity of these charges and the impact they can have on your life. As a law firm committed to giving good people a second chance, we approach each case with compassion and strive to provide the highest quality legal representation.
When you choose Rose Legal Services, you can expect expert representation from attorneys committed to protecting your future. We pride ourselves on our excellent customer service and communication, ensuring you stay informed throughout the legal process.
If you are facing allegations of sex crimes, don’t wait – contact Rose Legal Services today for a consultation. With our extensive experience, our exclusive focus on criminal defense, and our commitment to our clients, you can have confidence that you are in capable hands.
