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What Is Considered Rape Under Illinois State Law?


The common meaning of rape is forced sexual penetration. Illinois generally refers to rape as a criminal sexual assault or an aggravated criminal sexual assault.

Are There Different Classifications Of Rape Charges In Illinois?

In Illinois, rape, which what we refer to as criminal sexual assault, means that there was sexual penetration with the use of force or penetration without consent. Illinois also has an unusual definition of penetration. They define penetration as 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 with any part of the body of one person or of any animal or object, into the sex organ or anus of another person. This includes but is not limited to cunnilingus, fellatio, and anal penetration.

I Have Been Accused Of Rape But Haven’t Been Arrested Yet. What Can I Do?

You need to hire a lawyer as soon as you have any idea that law enforcement is investigating you for sexual assault. Clients who hire an attorney early in the investigation have a much greater chance of success than those who have retained counsel farther along in the proceedings.

What Should I Do After I Have Been Charged With Rape?

If you’ve been charged with a sex crime, do not talk about the situation. Do not discuss anything with anyone until you’ve consulted with a qualified defense attorney, who has significant experience defending sexual assault and rape cases.

A Sexual Assault Took Place In My Presence But I Did Not Participate. Can I Still Be Charged With Rape?

Under the law, even if you did not actively participate in a situation, you could still be accountable if it was proved that you had some form of participation or planning in the situation. This is sometimes called being an accessory to a crime. The charges will be the same whether you actively participated or you’re merely accountable. A good example would be an armed robbery situation. If two people went to rob a gas station and one drove the vehicle while the other ran inside with a gun and robbed the gas station, the person driving the car is accountable and would be subject to the same penalties as the person with the gun.

What Are The Potential Penalties Associated With A Rape Conviction In Illinois?

Criminal sexual assault is a class one felony. It is not available for probation and carries a mandatory four to 15 years in prison and lifetime sex offender registration. The penalties would go up for an aggravated situation, where the minimum sentence would be six to 30 years in prison.

Am I Able To Get Out Of Jail On Bail Or Bond If I Have Been Arrested On Rape Charges?

Generally, rape and criminal sexual assault cases are eligible for bond, but the bonds are higher than what we would see for similar class felonies that are not of a sexual nature.

For more information on Rape Or Sexual Assault Charges In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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