Illinois Removes Statute of Limitations for Sexual Assault Crimes

Starting on January 1st, there will not be a statute of limitations for standard and aggravated criminal sexual assault crimes in Illinois, according to an article by WIFR.

Once effective, House Bill 2135 removes the three-year timeline for victims to report sexual assault and similar crimes to the appropriate authorities. Additionally, the 10-year limit for prosecuting sexual assault crimes will also disappear.

Considering the potentially sweeping impact of this new law, it feels like a great time to assess Illinois laws against standard and aggravated criminal sexual assault.

Criminal Sexual Assault

720 ILCS 5/11-1.20 provides the Illinois definition of criminal sexual assault. Under this section, criminal sexual assault only occurs when there is an act of sexual penetration. Additionally, Section 11-1.20 requires that the victim was:

    Subject to force or the threat of force during the act; Unable to understand the act or provide knowing consent; Under the age
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Written by on August 2, 2019

What is the Difference Between Battery and Aggravated Battery in Illinois?

Under the laws of the State of Illinois, it is unlawful to make unwanted physical contact with another person. This is referred to legally as battery or aggravated battery, depending on the circumstances of the offense. The presence of actual contact is what differentiates battery from assault crimes, which only address threats of unwanted physical contact.

Battery

The definition of battery under Illinois law appears in 720 ILCS 5/12-3. Under this section, battery occurs when a person knowingly and without legal justification:

    Inflicts physical harm or injury on another person; or Makes insulting or provoking physical contact with another person.

The penalties for battery in Illinois also appear in 720 ILCS 5/12-3. In most circumstances, battery results in Class A misdemeanor charges. Upon conviction, the typical punishment includes up to 364 days in jail, $2,500 in fines, and 24 months of probation.

Aggravated Battery

The definition of aggravated [...]

Written by on April 19, 2019

Illinois Orders of Protection vs. No Contact Orders

Orders of protection and no contact orders are legal devices available to victims of domestic violence, sexual assault, stalking, and similar crimes. In a general sense, these legal orders prevent the criminal perpetrators from further contact with the victims. From a more precise standpoint, the eligibility and protections available for these orders varies based on the type of offense and relationship between the victim and perpetrator.

Orders of Protection for Domestic Violence

Orders of protection are available to victims of domestic violence in Illinois. In order to qualify for an order of protection, the victim must suffer abuse at the hands of family or household member. Specifically, a family or household member includes a person’s:

    Blood and other relative(s); Spouse or former spouse(s); Roommate(s) or former roommate(s); Co-parent of a common child; Romantic partner(s) or former romantic partner(s); and Caregiver(s), in the case of certain disabled adults.

When [...]

Written by on April 12, 2019

How Does Illinois Define and Penalize Domestic Battery?

More commonly referred to as domestic violence, domestic battery is an Illinois crime that addresses aggressive conduct against a family or household member. This type of crime has serious ramifications, as the perpetrator and victim have a close association with each other. Given this reality, Illinois imposes stringent laws against and penalties for domestic battery.

How Does Illinois Define Domestic Battery?

Under 720 ILCS 5/12-3.2, domestic battery occurs when a person knowingly and intentionally attacks or provokes someone in his or her family. In precise terms, a person commits domestic battery if he or she:

    Causes physical harm or injury to a family or household member; or Initiates physical contact of an insulting or provoking nature with a family or household member.

To understand the boundaries of domestic battery, it is necessary to review the definition of a family or household member under Illinois law. Under the Illinois Domestic [...]

Written by on January 18, 2019