Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

In Illinois, sexual assault is defined under the Illinois Criminal Sexual Assault statute (720 ILCS 5/11-1.20). It is considered a criminal offense when an individual commits an act of sexual penetration by the use of force or threat of force, or if the victim is unable to give knowing consent due to incapacitation. Aggravated sexual assault in Illinois is a more serious offense and includes circumstances that enhance the severity of the crime, such as the use of a weapon, causing bodily harm, or committing the assault during the commission of another felony. The use of a drug to facilitate the assault is also considered an aggravating factor. Additionally, if the victim is under the age of 18, the offense is treated with increased severity. The specific age of the child victim that constitutes aggravated sexual assault can vary, but generally, the law provides harsher penalties when the victim is significantly younger than the perpetrator. The punishments for sexual assault and aggravated sexual assault in Illinois are severe and can include lengthy prison sentences, fines, and mandatory registration as a sex offender.