The terms sexual assault and sexual abuse are sometimes used interchangeably, but under Illinois law, these are two very different crimes. Understanding the difference between sexual assault and sexual abuse is essential if you have been charged with either of these crimes.
You could face serious legal consequences, including imprisonment and being placed on the sex offender registry for the rest of your life. Additionally, you may face civil lawsuits that upend your life.
Because of the complexities of these cases, you must contact a criminal defense attorney as soon as you’ve been charged. With the right lawyer by your side, it’s possible to fight the accusations and protect your freedom. But what is the difference between sexual assault and sexual abuse in Chicago? Learn more about these crimes.
Defining Sexual Assault vs. Sexual Abuse Under Illinois Law
What is the difference between sexual abuse and sexual assault under Illinois law? The differences between sexual abuse and sexual assault are spelled out in the state laws.
In Illinois, the law states that sexual abuse has been committed if the perpetrator committed a sexual act through force or the threat of force, the perpetrator knew that the victim was unable to give consent or was not able to understand the nature of the act, or the perpetrator was 17 years old or younger and committed a sexual act with someone who was between the ages of nine and 16.
Minors and adults can commit sexual abuse. The victims typically know the perpetrators. The abuse can take place over a long period of time, or it can refer to one act. In all instances of accusations of this crime, you need a sexual abuse attorney to assist you.
What is the sexual assault meaning vs. the sexual abuse meaning, then? Sexual assault in Illinois typically, though not always, refers to acts committed against adults. It also usually applies to isolated acts involving any type of unwanted sexual contact, including threats of sexual violence, unwanted touching, and rape.
Hiring a Chicago sexual assault attorney is the best thing you can do if you have been accused of these crimes.
Key Differences Between Sexual Assault and Sexual Abuse
There are numerous differences between sexual assault and sexual abuse. Although they both involve unwanted sexual contact, the victims, the perpetrators, and the acts themselves differ.
Victim’s Age
The survivor’s age is one difference. Sexual abuse usually involves someone under the age of consent, which in Illinois is 18.
With sexual assault, the victims are typically adults, though you can be charged with this crime if you’re a family member and the victim is under 18, or there’s a power imbalance over a victim who is between 13 and 18.
Sexual Activity Involved
Usually, sexual assault vs. sexual abuse also involves a difference in sexual acts. Typically, abuse refers to unwanted sexual touching and other acts of a sexual nature, including penetration. Sexual assault, on the other hand, requires sexual penetration.
What is sexual penetration vs. sexual conduct? The former means that contact with the sex organs occurred. This could be penetration of the vagina or anus with a penis, other body part, or other object.
Relationship With the Victim
When defining sexual assault and sexual abuse, it’s also essential to consider the relationship between the victim and perpetrator. In abuse cases, the perpetrator can be a family member or someone in a position of power. An example would be a child and their teacher.
With sexual assault cases, the victim may know the perpetrator, or they could be strangers to each other.
Sexual Assault vs. Sexual Abuse: How Charges Are Filed in Chicago
Another vital thing to know about how sexual abuse differs from sexual assault is how charges are filed in Chicago. There are three possible charges you could face if you’re accused of sexual abuse.
A Class A misdemeanor occurs if the victim states that they were underage or otherwise unable to give consent, but the perpetrator is less than five years older. The victim must be at least 13 years old. If they are, then the charges are more severe.
You can also be charged with a Class 4 felony for sexual abuse. This would involve victims who were in some way incapacitated, such as when the person’s intoxication levels are significant. These charges can also occur if you allegedly used physical force.
A Class 2 felony for sexual abuse is mainly for repeat offenders. You may face even more severe charges if aggravating factors are present. Aggravated sexual abuse refers to an unwanted sexual encounter involving displaying or threatening to use a weapon or any object that could be used as one. You can also be charged with aggravated assault if:
- You cause bodily harm to the victim
- The victim is 60 years old or older
- The victim has a physical disability
- You commit the offense during the course of another felony
- You deliver a controlled substance to the victim without consent
- You endanger or threaten the life of another person
If you were at least 17 when the alleged crime occurred, and the victim was 13 or younger or was 13 to 17, but you used force or threats, that, too, could mean facing an aggravated sexual abuse charge. It can also be a consequence of committing a sexual act against someone who is nine years old or younger if you were 17 or younger when the crime occurred.
Sexual assault charges in Illinois include Class 1 felonies. This is the most common charge you could face.
You could also face being charged with Class X felony sexual assault in Chicago if you are charged with using force or the threat of force during unwanted sexual penetration, or if the victim can’t give their consent or doesn’t understand the nature of the act, after being previously convicted for criminal sexual assault or exploitation of a child.
There are Class 2 felony charges for attempted sexual assault crimes, like attempted rape, that could be moved up to Class 1 felonies if there were aggravating factors.
The same can occur if you have a previous conviction for sexual assault against a family member who was under 18, or for a crime committed when you were 17 or older against a victim you had power over who was between 13 and 18. There are numerous aggravating factors, too, that could result in an aggravated sexual assault charge.
Differences in Penalties and Long-Term Consequences
The penalties will vary significantly depending on the severity of the charges. There are numerous non-probational sex offenses in Illinois, meaning that they carry mandatory prison sentences.
Criminal Sexual Assault Penalties
If you’re charged with criminal sexual assault, you could face a four to 15-year prison sentence and a fine of up to $25,000 for each offense. Aggravated sexual assault is punishable by up to 30 years in prison and a fine of up to $25,000 per offense. In the most serious cases involving previous convictions and a variety of other factors, you could face life imprisonment.
Criminal Sexual Abuse Penalties
Penalties for criminal sexual abuse charged as Class A misdemeanors could include a prison sentence of less than a year and a fine of up to $25,000. For a Class 4 felony sexual abuse charge, you can face the same penalties as for a Class A misdemeanor, but up to three years in prison.
A Class 2 felony charge for sexual abuse can carry a prison sentence of up to seven years. Class 1 felonies for sexual abuse have a prison sentence of up to 15 years and fines.
Long-Term Consequences for Sexual Assault and Abuse Charges
Whether you’re charged with abuse or assault, you will end up with a criminal record and need to register as a sex offender. Both of these consequences can impact all aspects of your life. You may no longer be able to work in the career you’ve chosen or live in an area near schools or children.
Above all, you’ll carry the stigma of these kinds of crimes, which impacts your relationships. If you’re divorced, you may have restricted access to your children, and you could find it challenging to make friends or form relationships.
Why the Distinction Matters for Criminal Defense Strategy
The distinction between criminal sexual abuse and assault is essential for defense strategies. It can be easier to challenge, for example, one alleged act of sexual violence over repeated abuse. Your attorney will focus on showing either that the incident didn’t occur or that there was consent.
The distinction also matters for evidentiary requirements. Most of the time, for assault cases, the prosecution will need DNA evidence or physical injuries to show what occurred. For abuse cases, however, they may rely more on patterns of behavior and relationship dynamics.
Having an attorney who understands the differences between these two crimes and the various strategies that they require can help protect your freedom.
Responding to Sexual Assault or Sexual Abuse Allegations
There are defenses available in these cases. For sexual assault, your lawyer can strive to demonstrate that the sexual activity was consensual or that it didn’t occur. It’s also possible to claim the accusation is false or that it’s a case of mistaken identity. A general lack of evidence could also be used as your defense.
For sexual abuse allegations, your attorney will likely stress the lack of evidence available. Often, sexual abuse cases are brought forward years after the alleged crime took place, so there will likely be little to no concrete evidence available.
Protect Your Future With Help From Experienced Chicago Criminal Defense Attorneys
If you have been charged with sexual abuse or assault, you need fast legal assistance. At Kostopoulos Law Group, we offer the comprehensive legal options you need when facing such severe charges. Contact our team to speak with an attorney about the best way to fight for your freedom and future.
