What Makes Criminal Sexual Assault Aggravated in Illinois?

 Posted on August 25, 2025 in Sex Crimes

Aggravated criminal sexual assault is a more serious form of criminal sexual assault because of the additional harmful factors involved. When aggravating facts are present, the charge becomes a higher felony with longer prison terms, stricter supervision after release, and mandatory sex-offender registration. Early legal help is important because even a first conviction can lead to decades in prison and life-changing consequences. If you have been charged with aggravated criminal sexual assault or any sex crime, talk to an experienced Cook County, IL sex crime defense attorney immediately.

What Is Criminal Sexual Assault Under Illinois Law?

Illinois law makes it clear that sexual activity must be consensual. Under 720 ILCS 5/11-1.20, criminal sexual assault happens when there is sexual penetration without consent, or when the other person cannot legally consent because of age, intoxication, or a disability. In court, prosecutors must prove both penetration and lack of consent beyond a reasonable doubt. The law also addresses situations where someone uses a position of trust or authority, like a teacher, coach, or caregiver. A conviction carries serious consequences, but these can become more severe if the charges are elevated to aggravated sexual assault.

What Are Aggravating Factors for Criminal Sexual Assault in Illinois?

According to 720 ILCS 5/11-1.30, factors that can elevate an offense to aggravated criminal sexual assault include:

• Causing great bodily harm or permanent disability

• Threatening or using a dangerous weapon

• Acting with another person

• Giving a drug without consent

• Committing the assault during another felony, like home invasion

A victim’s age can also aggravate the charge, especially when the victim is a child or is unable to consent due to a cognitive or physical condition. When aggravation applies, sentencing ranges increase, fines may be higher, and extended-term sentencing can come into play.

Aggravated Criminal Sexual Assault vs. Predatory Criminal Sexual Assault in Illinois

Predatory criminal sexual assault focuses on victims under 13 and an accused individual who is 17 or older. While aggravated criminal sexual assault can involve victims of any age when aggravating factors exist, predatory charges typically carry harsher mandatory penalties and limited options for probation or early release. Evidence rules and trial strategy can also differ because cases involving young children may use specialized interviewing methods and accommodations for child witnesses.

Common Defenses for Aggravated Criminal Sexual Assault

The proper defense will depend on the facts of your case. However, common strategies to combat sexual assault charges include:

• Consent (where legally allowed): This defense can be used if evidence, such as messages or prior relationship history, suggests that both adults freely agreed.

• Insufficient proof of required elements: This defense is a good option if the State cannot prove penetration or lack of consent beyond a reasonable doubt.

• Mistaken identity or alibi: If you can prove eyewitness error or an unreliable lineup, or offer credible proof that you were elsewhere when the assault occurred, you may be able to use this defense strategy.

• Unlawful police procedures: You may be able to fight to suppress statements or evidence if the police violated your rights during the investigation. This could include illegal stops, searches, or unwarned interrogations.

• Aggravator not proven: This is a strong argument if the State fails to prove that any aggravating factors existed in the case.

Contact a Chicago, IL Aggravated Criminal Sexual Assault Defense Attorney

Choose an accomplished, aggressive, and dedicated defense team that will go the extra mile and fight for your rights. Attorney James F. DiQuattro at Law Offices of James F. DiQuattro has fought aggravated criminal sexual assault charges before, with cases resulting in the dismissal of all charges.

If you or a loved one is facing charges, act now. For focused representation, contact a Cook County, IL aggravated criminal sexual assault defense lawyer today. Call 312-627-9482 to schedule your free and confidential consultation.