Chicago Sexual Abuse Attorney

In Chicago, it can be a crime to engage in sexual conduct with another person when certain circumstances exist. Pursuant to 720 ILCs 5/11-1.5(a), it is a crime to engage in sexual conduct when the victim is either (1) subject to force or the threat of force or (2) unable to give knowing consent.

When you are charged with sexual abuse, the prosecution must prove that you are guilty of each essential element of the crime. Generally speaking, you can only be convicted of sexual abuse if the prosecutor handling your case can prove that you engaged in sexual conduct and:

1. You used force or the threat of force; or
2. Your victim was unable or unwilling to consent.

It is important to understand what each of these elements actually is.

Sexual Conduct

The main difference between the crimes of sexual abuse and sexual assault is the type of sexual behavior involved. Sexual abuse requires an act of sexual conduct, while sexual assault requires an act of sexual penetration.

Sexual conduct is essentially intentional contact with another person’s private areas for the purpose of sexual arousal, sexual gratification, or sexual abuse. Private areas can include the penis, vagina, groin, inner thigh, buttocks, and female breast. Contact can be made directly or through clothing.

Sexual conduct does not require penetration. Once penetration has been achieved the act will be considered to be sexual assault.

Force or Threat of Force

In Illinois, you will be considered to have used force or the threat of force if you:

1. Use force or violence on the victim or another person when they can reasonably believe that you have the ability to carry out the threat;
2. Use your size or strength to overcome the victim; or
3. Physically restrain or confine the victim.

Whether you used force or the threat of force is a question of fact that will ultimately be determined by a judge or jury. The victim’s perception of the act is very important. Force will generally be inferred if you use a weapon or are considerably bigger/stronger than the victim.

Victim Unable or Unwilling to Consent

Consent is defined as a “freely given agreement” to the sexual act taking place. If force or the threat of force is used, a victim’s lack of verbal or physical resistance or their submission to the act will not be considered consensual.