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Sexual Assault

Chicago Sexual Assault Lawyer

In Illinois, sexual assault is a serious crime that has devastating consequences for victims. Many sexual assaults occur in the workplace or between work associates and unfortunately, these cases often go unreported or untried due to a lack of evidence or a victim’s fear of the personal or professional repercussions of pressing charges. However, it is critical to hold these individuals accountable, so if you or a loved one were the victim of sexual assault, whether in the workplace or somewhere else, it is critical to contact an experienced Chicago civil litigation attorney who can explain your legal options.

Criminal Sexual Assault

A person can be charged with criminal sexual assault if he or she sexually penetrated the victim and:

  • Used force or threatened to use force;
  • Knew that the victim was unable to understand the nature of the act or give knowing consent;
  • Is a family member of the victim who was under the age of 17 years old; or
  • Is 17 years of age or older and held a position of trust, authority, or supervision over the victim who was at least 13 years old, but younger than 17 years of age.

A person convicted of sexual assault has committed a Class 1 felony, which is punishable by up to 15 years in prison. However, if the defendant is convicted a second time, the charge is increased to a Class 10 felony, which can mean life imprisonment.

Aggravated Criminal Sexual Assault

A person can be charged with aggravated criminal sexual assault if he or she commits a sexual assault in conjunction with certain aggravating factors, including that:

  • He or she used a dangerous weapon;
  • He or she inflicted bodily harm;
  • He or she threatened the life of the victim or another person;
  • He or she committed another felony at the time of the offense;
  • The victim was 60 years of age or older;
  • The victim was physically handicapped;
  • He or she delivered a controlled substance to the victim;
  • He or she was armed with a firearm at the time of the assault;
  • He or she discharged a firearm during the crime; or
  • He or she caused great bodily harm or death to by discharging a firearm during the assault.

A defendant can also be found guilty of committing aggravated criminal sexual assault if he or she sexually penetrated the victim and:

  • Was under the age of 17 years old and the victim was under the age of 8 years old;
  • Used force or threatened the use of force, was under 17 years old, and the victim was between the ages of nine and twelve; or
  • The victim was severely mentally disabled.

Aggravated sexual assault is charged as a Class 10 felony, which is punishable by up to 30 years in prison, with the possibility of a life term.

Contact an Experienced Civil Litigation Attorney in Chicago

Sexual assault is a heinous crime that can affect victims for the rest of their lives. If you were sexually assaulted, please contact the Law Office of Mitchell A. Kline by calling (312) 558-1454 today to speak with an experienced civil litigation attorney.