Anything else I should know? |
- If the offense is based on a series of acts performed at different times, the period of limitation starts at the time when the last such act is committed. 720 Ill. Comp. Stat. § 5/3-8.
- Except as otherwise provided in 720 ILCS § 5/3-6 (j), for any offense involving sexual conduct or sexual penetration where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, prosecution for the offense may be commenced within one year after the discovery of the offense by the victim. 720 Ill. Comp. Stat. § 5/3-6.
- Sexual conduct is defined in the Illinois Criminal Sexual Assault Act as “any intentional or knowing touching or fondling of the victim or the perpetrator, either directly or through clothing of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child for the purpose of sexual gratification or arousal of the victim or the accused.” Criminal Code of 2012 (720 Ill. Comp. Stat. § 5/11-0.1).
- Sexual penetration is defined in the Illinois Criminal Sexual Assault Act as “any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.” Criminal Code of 2012 (720 Ill. Comp. Stat. § 5/11-0.1).
- The statute of limitations regime for Illinois sex crimes underwent a major reform through 2019 Ill. Legis. Serv. P.A. 101-130 (H.B. 2135) (WEST), in which the State legislature established special limitations for prosecutions affecting several criminal offenses:
- “(2) When the victim is under 18 years of age at the time of the offense, a prosecution for failure of a person who is required to report an alleged or suspected commission of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.”
- Sexual abuse occurs when a person responsible for the child’s welfare commits any of the following acts:
- Sexual penetration includes any contact between the sex organ of one person and the sex organ, mouth, or anus of another person. Typical acts include vaginal, oral and anal sex.
- Sexual exploitation is the use of a child for sexual arousal, gratification, advantage, or profit. Arousal and gratification of sexual need may be inferred from the act itself and surrounding circumstances.
|
|