Criminal Sexual Assault and Aggravated Criminal Sexual Assault

 Posted on May 06, 2015 in Sexual Assault

Sex offenses are some of the most difficult types of crimes to defend. While juries and the public are willing to consider most criminal defendants to be innocent until proven guilty, and while they are supposed to do this in sex cases, often they are unable to do so. This is particularly true when the alleged victim of the offense is a child, as most people do not understand the reality that children can be easily led to make false or inaccurate allegations. That is why it is so important that when you are facing charges for a sex offense that you obtain the help of a criminal defense attorney who is experienced with defending this type of offense. There are many different types of sex offenses one can be charged with in Illinois, so it is important for you to understand exactly what it is you are being accused of having done.

Criminal Sexual Assault

Criminal sexual assault is a felony sex offense in Illinois. A person commits this offense if he or she commits an act of sexual penetration and one of the following four statements is true:

• He or she used force or the threat of force;
• He or she knew that the alleged victim was unable to understand the nature of the sexual act or was unable to give knowing consent;
• He or she is a family member of the alleged victim and the alleged victim is under the age of 18; or
• He or she is 17 years old or older, the alleged victim is between the ages of 13 and 18, and the accused holds some sort of position of power or authority over the alleged victim.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault is another more serious felony sex offense in Illinois. This crime requires that the accused commit criminal sexual assault and that one of a list of aggravating factors is present. This aggravating factors include:

1. That the accused displayed, used, or threatened to use a dangerous weapon other than a firearm, or that the accused displayed, used, or threatened to use some other object that would lead the alleged victim to reasonably believe that it was a dangerous weapon;
2. That the accused caused great bodily harm to the alleged victim.
3. That the accused acted in some way that threatened or endangered either the life of the alleged victim or the life of some other person;
4. That the accused committed the assault while committing or trying to commit some other felony;
5. That the alleged victim of the sexual assault is age 60 or older;
6. That the alleged victim of the sexual assault is a physically disabled person;
7. That the accused drugged the alleged victim without the alleged victim’s consent or by threat or deception;
8. That the accused was armed with a firearm;
9. That the accused personally fired a firearm during the commission of the assault; or
10. That the accused personally fired a firearm during the assault and that the firing of the firearm caused great bodily harm, permanent disability, permanent disfigurement, or death.

There are two other ways to commit aggravated sexual assault. The first happens where the accused is under 17 years old and he or she commits an act of sexual penetration with a person under nine years old or uses force or the threat of force to engage in an act of sexual penetration with a child between the ages of nine and 13. The other type of aggravated sexual assault happens where a person commits an act of sexual penetration with an alleged victim who is severely or profoundly intellectually disabled.

Call the Law Offices of Christopher M. Cosley

If you or someone you love has been charged with a sex offense, you need the assistance of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at 847-253-3100 for a consultation on your case.