Aggravated Criminal Sexual Abuse in DuPage County

Overview of Aggravated Criminal Sexual Abuse Charges in Illinois

The charge of aggravated criminal sexual abuse occurs when someone commits simple criminal sexual abuse, but under specific conditions that make the crime more serious. The legal definition of criminal sexual abuse is found under 720 ILCS 5/11-1.50.

The crime not the same as rape, which involves sexual penetration and is considered criminal sexual assault. For more information on aggravated criminal sexual assault, continue reading here. The wording of the law is intentionally left vague to encompass a number of related behaviors that physically violate an individual’s sexuality. In short, any forced sexual act can be prosecuted.

There are numerous reasons that the charge can be elevated to aggravated criminal sexual abuse, so it is best to consult with a qualified attorney who understands the details and nuances of the law.

For example, the charge is elevated if the offender:

  • Displays, threatens to use, or uses a weapon or even an object that resembles a weapon
  • Causes physical injury to the victim
  • Threatens the life of the victim or any other person for coercive purposes
  • Commits or attempts to commit another felony during the sexual abuse
  • Gives the victim any controlled substance without consent
  • Holds a position of trust or authority over the victim in the case that the victim is between 13 and 18 years old

The charge can also be elevated if the victim is:

  • 60 years old or older
  • Physically handicapped
  • A family member under the age of 18
  • Under 13 years of age
  • Between 13 and 17 years of age and the offender uses force or threat of force to commit the act
  • Severely or profoundly intellectually disabled

A complete chart of the offenses and their penalties can be found under 720 ILCS 5/12-12.

Penalties and Sentences for Aggravated Criminal Sexual Abuse Charges in Illinois

Simple criminal sexual abuse is either a Class A misdemeanor or Class 4 felony. They carry punishments of up to 1 year in prison and a fine of $2,500 or up to 3 years in prison and a $2,500 fine, respectively. However, there are many ways that the charge can be elevated to aggravated criminal sexual assault. In this case, the punishment is even more serious and life-altering.

Aggravated criminal sexual abuse is a Class 2 felony, and a conviction results in up to 7 years in prison and $25,000 in fines.

Importantly, apart from all of these potential consequences, anyone convicted of a sex crime must register on the Illinois Sex Offenders Registry for life. The consequences of being on this list are wide-ranging and make even the simplest of every day tasks far more difficult. You will be limited in where you can live, work, and travel, in addition to limitations on social media use and participation in public activities, including religious activities.

Defense Strategies for Aggravated Criminal Sexual Abuse

If you have been charged with any of the above-mentioned crimes, especially aggravated criminal sexual abuse, it is important not to despair. A competent lawyer has numerous tactics that can be used to potentially dismiss or lessen the charges. In the case of a conviction, it may also be possible to work out a more favorable sentence. For example, parole is a possibility if you have not been charged with a prior conviction.

You have many rights which must be upheld throughout the case from the incident to sentencing. An attorney can ensure that your future is given the best chance for freedom.

Aggressive Criminal Defense Lawyer in DuPage County

Kerr & Schmiege are nationally recognized criminal defense lawyers for DuPage County, including the cities of Wheaton, Naperville, Aurora, Westmont, Oak Brook, and Lombard. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Contact us immediately to ensure your rights are upheld to the fullest extent of the law.