Comparing Sexual Abuse and Assault Crimes Under Illinois Law

Sexual abuse and sexual assault are two different sex crimes under Illinois law. While there are many similarities between these two offenses, Illinois law defines and punishes them separately. To understand the nuances between these crimes, the following sections will examine several relevant Illinois statutes. 

What are the Illinois Laws Against Criminal Sexual Abuse?

720 ILCS 5/11-1.50 exhibits the Illinois laws against criminal sexual abuse. There are two different versions of this crime under Section 11-1.50. 

One version of criminal sexual abuse revolves around the ages of the perpetrator and the victim. This version applies when there is sexual conduct or penetration and:

    The perpetrator is under 17 years old, and the victim is between 9 and 16 years old; or The victim is between 13 and 16 years old, and the perpetrator is less than five years older than the victim. 

The other version of criminal sexual abuse centers [...]

Written by on October 18, 2019

Peoria City Councilman Arrested for Aggravated Domestic Battery

A Peoria councilman potentially faces criminal charges after his arrest last month for aggravated domestic battery, according to an article by Peoria Public Radio. 

This criminal inquiry stems from an incident that occurred on July 30th at approximately 9:30 p.m. That is when the Peoria Police Department responded to an allegation of domestic battery on the 3000 block of North Bigelow Street.

The police officers arrested the city councilman in connection with these allegations. The city councilman was later charged with aggravated domestic battery and released the next day on a $100 bond. 

In order to understand the boundaries of aggravated domestic battery, it may be necessary to review the Illinois laws against the standard version of domestic battery. To that end, it is possible to take a refresher course on domestic battery under Illinois law by reading this Prior Law Firm blog post — What is Domestic [...]

Written by on August 23, 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