How Do I Fight a Criminal Sexual Assault Charge in Illinois?

 Posted on October 06, 2026 in Sex Crimes

A criminal sexual assault charge can put your freedom and future at risk. That is why it is important to fight a criminal sexual assault charge in Illinois by attacking what the State has to prove, not by trying to prove your innocence. Prosecutors must prove every element beyond a reasonable doubt. That means the defense focuses on the specific circumstance the State alleged, the evidence behind it, and whether the account holds together.

Criminal sexual assault is generally a Class 1 felony, and probation is not available. When the stakes are that high, you want to seek legal representation immediately. Our Will County, IL criminal sexual assault defense lawyer can begin that work before charges are even filed.

What Does Illinois Law Say About Criminal Sexual Assault?

Under 720 ILCS 5/11-1.20, the State must prove an act of sexual penetration occurred, plus one of four specific circumstances:

• That the person used force or the threat of force

• That the person knew the other individual was unable to understand the nature of the act or unable to give knowing consent

• That the accused is a family member of someone under 18

• That the accused is 17 or older and held a position of trust, authority, or supervision over someone at least 13 but under 18

Each pathway requires different proof. A case built on force looks nothing like one built on a position of trust, and the defense has to match whichever version the State charged.

How Does Consent Work Under Illinois Law?

Illinois defines consent as a freely given agreement to the act. The law states plainly that a lack of verbal or physical resistance does not by itself constitute consent, and that a past dating relationship or prior sexual history does not establish consent for a later encounter.

Consent can also be withdrawn. Someone who agrees initially and then communicates that they want to stop has withdrawn it.

What matters for the defense is where the burden sits. The State still has the burden of proving the charge beyond a reasonable doubt. When the charge is based on force or threat of force, consent can be raised as a defense.

What Defenses Can Be Raised Against a Criminal Sexual Assault Charge?

The defense depends entirely on the facts, but the arguments that come up most often include:

• Consent, when the charge is based on force or threat of force

• Identity, particularly in cases involving a stranger or limited opportunity to observe

• No act of penetration as the statute defines it

• The complainant's capacity, when the State alleges an inability to give knowing consent

• Inconsistencies between the first report and later accounts

• Timeline evidence from messages, call logs, location data, or video

• A documented motive to fabricate, which arises in some custody, immigration, or relationship disputes

• Constitutional problems with how a statement was taken or a search was conducted

At Law Office of Eric J. Blatti, P.C., we’ll assess the specific details of your case to determine the most appropriate defense strategy.

What Evidence Matters Most in a Criminal Sexual Assault Case?

DNA can show that sexual contact occurred, but it does not prove whether the contact was consensual. Medical records can document injuries, although the absence of injury does not decide the case. Digital evidence often helps establish what happened before and after the encounter. Texts, social media messages, rideshare records, entry logs, and location data can confirm or challenge the timeline.

What Should You Do if You Are Under Investigation?

If you’re under investigation for criminal sexual assault, do not speak with detectives without a lawyer present. Investigators are trained to gather evidence through conversation, and people regularly talk themselves into charges they might not otherwise face.

Do not contact the complainant or anyone close to them. That includes messages meant to apologize or clear things up. Preserve your phone, your accounts, and your devices. Deleting evidence, even something that might seem embarrassing or unrelated, can support an obstruction charge, creating additional legal problems and can hurt your defense.

Schedule a Free Consultation With Our Joliet, IL Sex Crimes Defense Attorney

Attorney Eric Blatti is local to the Joliet area and has more than 15 years of criminal law experience. That includes time working as a public defender, which built real familiarity with the judges and attorneys who handle these cases in Will County. Those relationships do not change the law, but they do shape how early conversations go and how realistically a case can be assessed from the start.

Contact Law Office of Eric J. Blatti, P.C. at 815-744-2500 to talk to our Will County, IL criminal sexual assault defense lawyer today.