Sexual abuse is a common form of child mistreatment and is primarily used to describe abuse towards children and not adults. This, however, is used interchangeably with the broader term, sexual violence, which encompasses a range of sexual criminal acts towards an adult or younger victim. In the State of Illinois, crimes relating to sexual abuse are covered under the definitions of criminal sexual assault and criminal sexual abuse.
Criminal sexual abuse is when a person forces or threatens to use force against the victim in order to commit sexual conduct, or knows the victim can’t understand the act or give knowing consent. In addition to this, perpetrators can commit the said crime in two scenarios:
- If the perpetrator is under 17 years old and commits sexual conduct or penetration against a victim who’s at least 9 years old but younger than 17; or
- If the perpetrator is less than 5 years older than the victim and commits sexual conduct or penetration against a victim who’s at least 13 years old but under 17.
On the other hand, criminal sexual assault occurs when the perpetrator uses force or threatens to use force against the victim or knows the victim can’t understand the nature of the acts and give knowing consent. Sexual violence may also be identified as criminal sexual abuse if:
- The abuser is a family member of the victim with the victim being younger than 18 years old; or
- The abuser is 17 years old or older and was trusted or had authority and supervision over the victim who’s at least 13 years old but younger than 18.
The American Psychological Association (APA) defines sexual abuse as the undesired sexual activity by perpetrators using force, intimidation, and threats against victims who can’t consent. The Illinois Criminal Code of 2012 defines consent under Sec. 11-1.70 / 720 ILCS 5/11-1.70 as:
“…a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.”
If you or someone you know has been a victim of sexual abuse, you may contact our attorneys at America’s Consumer Lawyer for a consultation. Sexual abuse is never the victim’s fault. Our firm will work toward bringing justice to you or your loved one through legal action while maintaining your privacy.
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