Bloomington DUI

Attorney John G. Prior Jr. has extensive experience trying cases both in Western and Central Illinois.
Read more about Mr. Prior's experience as an Illinois Attorney.

Criminal Offenses

Bloomington, IL

Criminal Attorney

Criminal Sexual Assault

Definition of Criminal Sexual Assault. In Illinois, a person commits criminal sexual assault if he or she; (a) (1) commits an act of sexual penetration by the use of force or threat of force; or (2) commits an act of sexual penetration and the acused knew that the victim was unable to understand the nature of the act or was unable to give consent; or (3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or (4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim. 720 ILCS 5/12-13

Issues In Criminal Sexual Assault - To sustain the charge of criminal sexual assault, the State must prove the following propositions: [1] First Proposition: That the defendant committed an act of sexual penetration upon ____________________; and Second Proposition: That the act was committed by the use of force or threat of force[; and Third Proposition: That __________________ did not consent to the act of sexual penetration]. [or] [2] First Proposition: that the defendant committed an act of sexual penetration upon ________________; and Second Proposition: that the defendant knew that ___________________ was unable to [ (understand the nature of the act) (give knowing consent to the act)]. [or] [3] First Proposition: That the defendant committed an act of sexual penetration upon _________________; and Second Proposition: That __________________ was under 18 years of age when the act was committed; and Third Proposition: That the defendant was [ (a family member) (a person responsible for the child's welfare) ]. [or] [4] First Proposition: that the defendant committed an act of sexual penetration upon ____________________; and Second Proposition: That when the act was committed __________________________ was at least 13 years of age but under 18 years of age; and Third Proposition: That when the act was committed the defendant was 17 years of age or over; and Fourth Proposition: That when the act was committed the defendant held a position of trust, authority, or supervision in relation to the victim. 11.56 – Illinois Pattern Jury Instructions – Criminal 4th Edition

Sentencing - Criminal sexual assault is a non-probational Class 1 felony punishable by 4 to 15 years in the Illinois Department of Corrections, 2 years of mandatory supervised release after prison, and up to a $25, 000 fine. A defendant eligible for extended term, may be sentenced from 15 to 30 years in the Illinois Department of Corrections.

In all criminal matters it is recommended that you seek professional legal assistance to protect your constitutional rights. Lawyer John G. Prior has experience trying criminal sexual assault cases, can give legal advice, will assist you with your case and ensure that your constitutional rights are protected.

If you or a loved one have been charged with criminal sexual assault that allegedly occurred within Woodford County, Champaign County, or within any of the other counties in Central Illinois then contact us and schedule your free consultation.

 

Call 309-827-4300 to schedule a free consultation, or use the form below to contact us.
Please read our policies concerning email communication

Verify


Areas We Serve

Located in Bloomington, IL, The Prior Law Firm serves the criminal law needs of the following areas: