Answers to Frequently Asked Questions About Aggravated Criminal Sexual Abuse
Sex Crimes Defense Lawyer Serving Cook, DeKalb, DuPage, Kane, Kankakee, Kendall, LaSalle, Lee, Ogle, and Will Counties
Have you or a loved one been charged with Aggravated Criminal Sexual Abuse in Illinois? Although the title includes the word “abuse,” did you know that you could be charge even when the victim was the one to initiate sex? Regardless of who initiated, this offense will make you report on the Sex Offender Registry for the rest of your life! You will need an experienced criminal defense lawyer who specifically handles sex cases. Call Aggravated Criminal Sexual Abuse Lawyer Clyde Guilamo today for a free consultation. Clyde Guilamo is a former prosecutor with over 10 years of criminal law experience, and he is ready to protect your freedom.
Comprehensive Guide to Illinois Aggravated Criminal Sexual Abuse – 720 ILCS 5/11-1.60
Rape is a general term that covers unwanted or unwelcomed sexual contact. In Illinois, there are several crimes that fit under that definition of rape, including Aggravated Criminal Sexual Abuse, Criminal Sexual Assault, Grooming, and Sexual Misconduct. Since you may have questions, here is a comprehensive guide about violations of Illinois’ Aggravated Criminal Sexual Abuse Law (720 ILCS 5/11-1.60):
Table of Contents
What Is Aggravated Criminal Sexual Abuse?
There are six different ways to be charged with Aggravated Criminal Sexual Abuse:
- If that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:
- the person displays, threatens to use, or uses a dangerous weapon 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;
- the person causes bodily harm to the victim;
- the victim is 60 years of age or older;
- the victim is a person with a physical disability;
- the person acts in a manner that threatens or endangers the life of the victim or any other person;
- the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
- the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim’s consent or by threat or deception.
- If that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.
- If:
- that person is 17 years of age or over and: (i) commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
- that person is under 17 years of age and: (i) commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
- If that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.
- If that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability.
- If that person commits an act of sexual conduct with a victim who is but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim. 720 ILCS 5/11-1.60.
What are the most common ways that people are charged with Aggravated Criminal Sexual Abuse?
The 3 most common ways to be charged with aggravated criminal sexual abuse are:
- you had sex with a family member under the age of 18 (violation under subsection b);
- you had sex with some more than 5 years younger than you (violation under subsection d); or
- you had sex with someone that you held a position of trust over (violation under subsection f).
Do I need a lawyer?
Absolutely, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. Especially with offenses like this one that involves a mandatory prison sentence.
Who Is Included In “Family Member”?
“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. 720 ILCS 5/11-0.1.
What is the definition of “Sexual Penetration”?
“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. 720 ILCS 5/11-0.1.
What is the definition of “Sexual Conduct”?
“Sexual conduct” means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused. 720 ILCS 5/11-0.1.
What does it mean to cause bodily harm to the victim?
Most people understand that bodily harm are things like cuts, bruises, and tears. But “Bodily harm” also includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence. 720 ILCS 5/11-0.1.
Can the State charge me if no semen was found on the victim’s body?
Yes. The law literally states that “Evidence of emission of semen is not required to prove sexual penetration.” 720 ILCS 5/11-0.1.
What Should I Know If I Suspect That Police Are Investigating Me for Aggravated Criminal Sexual Abuse?
One tool that police use to get evidence of an aggravated criminal sexual abuse is eavesdropping. The police could have the victim or the mother of the victim call you on the phone and ask you “how could you do such a thing?” They are seeking to get you to apologize because they would want to use that apology as an acknowledgment of guilt. They could also have a friend call you to ask you “what happened?” They are trying to get you to admit that a sexual act occurred between you and the victim. As with any ongoing criminal investigation, you have the right to a lawyer and the right to remain silent. DO NOT TALK TO ANYONE about an ongoing criminal investigation. #commonsense; #notlegaladvice.
Another way that police gather evidence on an Aggravated Criminal Sexual Abuse case is through search warrants. If you found this Aggravated Criminal Sexual Abuse guide by search for it on your phone or computer, yikes!!! Police can get search warrants to see your browsing history. Although people may find this guide for a variety of reasons (i.e. a google search after watching something in the news/show, clicking around in my website, and/or educational purposes) you wouldn’t want a jury/officer/prosecutor/judge to expect the worst.
Do I have to register as a Sex Offender?
Yes. A conviction for Aggravated Criminal Sexual Abuse will require registration as a sex offender. 730 ILCS 150/2.
How long will I have to Register as a Sex Offender?
Your entire life! The law states that “a sexual predator (which includes people who were convicted of Aggravated Criminal Sexual Abuse) shall register for the period of his or her natural life after conviction … if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from any such facility.” 730 ILCS 150/7.
Is Aggravated Criminal Sexual Abuse a misdemeanor or a felony?
Aggravated Criminal Sexual Abuse is a felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/11-1.60(g).
What level of felony is Aggravated Criminal Sexual Abuse?
Generally, Aggravated Criminal Sexual Abuse is a class 2 felony. If the crime was committed under subsection f (by someone in a position of trust), then Aggravated Criminal Sexual Abuse is a class 1 felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/11-1.60(g).
Can I go to Prison? What is the Sentencing Range?
Yes. Aggravated Criminal Sexual Abuse is a Class 2 Felony punishable by 3 to 7 years in the Illinois Department of Corrections. If you were in a position of trust or authority, then Aggravated Criminal Sexual Abuse would be a Class 1 Felony punishable by 4 to 15 years in the Illinois Department of Corrections. 720 ILCS 5/11-1.60(g).
Can I get probation or is prison mandatory (Non-Probationable)?
Yes, you CAN receive a sentence of probation on an Aggravated Criminal Sexual Abuse. However, if you were a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years; or
(B) the defendant is willing to participate in a court approved plan, including, but not limited to, the defendant’s:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
(v) compliance with any other measures that the court may deem appropriate; and
(2) the court orders the defendant to pay for the victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense. 730 ILCS 5/5-5-3(e).
Can I get Court Supervision?
No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).
What is the Extended Sentencing Range 730 ILCS 5/5-4.5-35(a)?
Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-35(a). That means that the sentencing range for an Aggravated Criminal Sexual Abuse would be 3 to 14 years in the Illinois Department of Corrections if you have a prior class 2 conviction.
What Percentage Of Your Sentence Do You Serve for Aggravated Criminal Sexual Abuse? 730 ILCS 5/3-6-3(a)(2.1)
Aggravated Criminal Sexual Abuse is an 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the minimum imprisonment term of 3 years in the Illinois Department of Corrections, the most you would actually serve is 18 months assuming you do not receive any other credits.
How Long is the Mandatory Supervised Release or Parole Period?
For Aggravated Criminal Sexual Abuse cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 1 year. 730 ILCS 5/5-8-1(d)(2). If this is your second or subsequent offense, then your mandatory supervised release period is 4 years, with electronic monitoring or home detention program for at least the first two years. 730 ILCS 5/5-8-1(d)(5).
Can I expunge?
Generally, you cannot expunge an Aggravated Criminal Sexual Assault. The exceptions to this rule are very few: 1) you were found not guilty, 2) the case was dismissed, and 3) you were convicted, but the conviction was reversed or vacated. In short, you must win the case to get an expungement!
How To Keep an Aggravated Criminal Sexual Abuse Case Off Your Record?
There are several ways to keep a conviction for Aggravated Criminal Sexual Abuse case off your criminal record. Here are some of the ways:
How to Win at a Trial?
The Defense of Consent. “Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. 720 ILCS 5/11-0.1. If you raise the Defense of Consent, the State has the burden of proving lack of consent beyond a reasonable doubt. People v. Haywood, 118 Ill. 2d 263, 274 (1987). Please realize that “a person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.” 720 ILCS 5/11-1.70(c).
Challenge that you had sexual contact with the victim. No DNA, No Fingerprints, No photos, No Videos, No text messages, No Facebook chats, Delayed Reporting, No Witnesses, No Injuries. All of those cut against the State that a criminal sexual abuse ever occurred. If you kept your mouth shut and lawyered up (no confession), the lack of evidence on the case to support a conviction may be a huge hurdle for the State.
Mistake of Age is a Defense to Aggravated Criminal Sexual Abuse. “It shall be a defense under subsection (d) … that the accused reasonably believed the person to be 17 years of age or over.” 720 ILCS 5/11-1.70 (b). If you met the victim at a bar or adult club, and there was no communication beforehand regarding the victim’s age, this may be a viable defense.
How to Win at a Motion?
In these types of cases, the police try to “interview” the defendant to find out what happened. This is not you friendly chat with your neighbor over the fence of your backyard. This is an evidence gathering mission! Exercise your right to remain silent and your right to a lawyer. #commonsense. #notlegaladvice. If you did talk to the police, a lawyer would have to review the circumstance to see if a motion could be filed.
How to Avoid a Conviction for Aggravated Criminal Sexual Abuse through a Plea Agreement (Reduction on the Charge)?
Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” For example, a reduction to Criminal Sexual Abuse or Sexual Relations Within Families are good resolutions because they remove the lifetime reporting requirement.
Super Secret Info: The State can amend the charges to crimes that are not sex crimes. For example, the State could amend this charge to an Unlawful Restraint or a Burglary. Although these are not lesser class offenses (in the case of burglary it is the same class as aggravated criminal sexual abuse), getting sex offender probation on those options will not have the side consequence of making you report on the Sex Offender Registry.
Other Sexual Assault / Rape Guides
If you are looking for information about:
- Predatory Criminal Sexual Assault, then check out our guide to Predatory Criminal Sexual Assault cases in Illinois.
- Aggravated Criminal Sexual Assault, then check out our guide to Aggravated Criminal Sexual Assault cases in Illinois.
- Criminal Sexual Assault, then check out our guide to Criminal Sexual Assault cases in Illinois.
- Child Pornography, then check out our guide to Child Pornography cases in Illinois.
- Criminal Sexual Abuse, then check out our guide to Criminal Sexual Abuse cases in Illinois.
- Non-consensual Dissemination of Private Sexual Images, then check out our guide to Non-consensual Dissemination of Private Sexual Images cases in Illinois.
Hire Illinois Sex Crimes Defense Attorney Clyde Guilamo
Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then leave us a review on Google! And if you have specific questions about your case, give me a call.
