Challenging Sexual Assault Charges in Illinois

 Posted on June 10, 2025 in Criminal Defense

Sexual assault charges, especially aggravated criminal sexual assault, are among the most serious criminal charges in Illinois. If you are facing one of these charges, you need to speak with an experienced Chicago sexual assault defense attorney as soon as possible. Often, these cases involve a complex legal process with a web of laws that apply. Challenging the allegations alone risks conviction, and a conviction can result in devastating penalties.

What Does Illinois Law Say About Sexual Assault?

Several statutes cover the actions and penalties related to sexual assault in Illinois. According to 720 ILCS 5/11-1.20, criminal sexual assault involves penetration with the use of or threat of force. It is a Class 1 felony and carries a potential penalty of up to 15 years in prison. Under certain circumstances, such as repeat offenses, it can result in life imprisonment. Other charges to consider are:

• Aggravated sexual assault: According to statute 720 ILCS 5/11-1.30, this offense is the highest non-capital crime in the state, and it involves criminal sexual assault with aggravating circumstances, such as the use of a weapon or the victim being disabled. It carries a minimum sentence of six years and a maximum sentence of 30 years.

• Predatory criminal sexual assault: Governed by statute 720 ILCS 5/11-1.40(a), this offense refers to committing sexual acts with children under 13 and can result in up to life in prison.

• Criminal sexual abuse: Statute 720 ILCS 5/11-1.50 states that criminal sexual abuse involves sexual actions committed without consent or with a minor, and this charge can be elevated to aggravated criminal sexual abuse if the offense involves the use of force or a younger victim.

The penalties for these crimes can be more than prison time and fines. Offenders have to register as sex offenders, carrying burdens like limitations in employment and housing opportunities for a lifetime. The professional and social implications of a sexual assault conviction are bleak, but a knowledgeable defense attorney can help you challenge the charge against you.

What Are the Possible Legal Defenses Against a Sexual Assault Charge in Illinois?

As soon as your initial consultation with an attorney, you may discuss possible defense strategies that would potentially work in your case. Building your defense relies on a careful evaluation of the evidence. However, among the most common defenses for a sexual assault charge is consent, which only works in cases that do not involve minors.

False accusation is another possible argument your attorney could use. You may have evidence to prove that the allegations were made in retaliation or because someone was trying to win another legal battle against you. A lack of physical evidence could be enough to prove your side. Your attorney may consider the accuser’s credibility, looking for a history of making false allegations or a reason to lie about you. Being open, communicative, and truthful with your legal counsel is vital in building a robust defense.

Contact a Chicago, IL Sexual Assault Defense Attorney Today

When facing a sexual assault charge, you need an accomplished and aggressive Cook County, IL sexual assault defense lawyer to help you understand the charge and how you can fight it. At the Law Offices of James F. DiQuattro, we value your fundamental right to a fair trial and will go the extra mile to protect you. Call 312-627-9482 to schedule your no-cost initial consultation. We can talk about the details of your case and discuss a potential defense strategy.