The incident in question occurred on September 7th of last year. That is when the Bloomington man allegedly committed sexual acts by pinning down the victim. That is why the Bloomington man also faces charges for unlawful restraint.
The Bloomington man declined to post bail and, thus, remains in police custody at the McLean County Jail. While this man awaits an arraignment scheduled for May 28th, it seems appropriate to review the Illinois statutes that govern criminal sexual assault and unlawful restraint.
How Does Illinois Define and Punish Unlawful Restraint?
720 ILCS 5/10-3 establishes the Illinois definition of unlawful restraint. A person commits unlawful restraint in Illinois if they:
- Detain a victim against their will; and
- Act knowingly and without legal authority.
Section 10-3 also explains the Illinois punishment for unlawful restraint. Any person who commits unlawful restraint will likely face Class 4 felony charges. The statutory punishment for this class of felony includes one to three years in prison and maximum of $25,000 in criminal fines.
How Does Illinois Define and Punish Criminal Sexual Assault?
720 ILCS 5/11-1.20 provides the Illinois definition of criminal sexual assault. Under Illinois law, criminal sexual assault occurs when a perpetrator:
- Commits an act of sexual penetration with a victim; and
- Uses force or the threat of force to complete the act; or
- Knows that the victim is unable to provide consent or understand the act; or
- Is a family member of the victim, and the victim is under 18 years old; or
- Holds a position of trust, authority, or supervision over the victim, and the victim is between 13 and 17 years old.
Section 11-1.20 also furnishes the Illinois punishment for criminal sexual assault. Any person who commits criminal sexual assault will likely face Class 1 felony charges. The statutory punishment for this class of felony includes four to 15 years in prison and maximum of $25,000 in criminal fines.
That being said, a second or subsequent conviction for criminal sexual assault will typically result in Class X felony charges. The statutory punishment for this class of felony includes six to 30 years in prison and maximum of $25,000 in criminal fines. Illinois does not allow probation or conditional discharge for Class X felonies.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at email@example.com or by completing an online form.