How Do You Fight a Sexual Assault Charge in Illinois?

 Posted on March 21, 2026 in Criminal Defense

Being charged with sexual assault in 2026 does not mean you will be convicted. These cases are complex, and the stakes are extremely high. The outcome depends heavily on how well your defense is built from the very beginning. At Law Office of Theodore S. Potkonjak, our McHenry County, IL sexual assault defense lawyer can help you understand what you're up against and fight to protect your rights.

What Does Illinois Law Say About Sexual Assault?

Under 720 ILCS 5/11-1.20, criminal sexual assault occurs when a person commits an act of sexual penetration by force or threat of force, or when the victim is unable to give knowing consent. This includes situations where the accused holds a position of trust or authority over the victim, such as a family member or a person in a supervisory role.

720 ILCS 5/11-1.30 covers aggravated criminal sexual assault, which applies when additional factors are present. These include the use of a weapon, causing bodily harm, committing the act during another felony, or when the victim is a minor. Aggravated charges carry significantly harsher penalties than standard criminal sexual assault charges.

What Are the Penalties for a Sexual Assault Conviction in Illinois?

A conviction for criminal sexual assault is a Class 1 felony. That carries a prison sentence of four to 15 years. Aggravated criminal sexual assault is a Class X felony, which is the most severe category of felony in Illinois. A Class X felony carries a mandatory minimum sentence of six years and can result in up to 30 years in prison.

Beyond prison time, a conviction requires registration as a sex offender in Illinois. Sex offender registration is a lifelong requirement in many cases and affects where you can live, where you can work, and how you are viewed in your community. The stakes are high, which is why building a strong defense from the very beginning is so critical.

What Are the Most Common Defenses to a Sexual Assault Charge in Illinois?

Every case is different. After reviewing your specific case, we can help you determine the best possible defense for your situation. However, common defenses include:

• Consent, which argues that the sexual contact was agreed to by both parties and that no force or coercion was involved

• False accusation, which challenges the credibility and motivation of the person making the claim

• Mistaken identity, which argues that the wrong person has been charged and that there is insufficient evidence connecting you to the alleged offense

• Lack of evidence, which challenges whether the prosecution can meet its burden of proving guilt beyond a reasonable doubt

• Constitutional violations, such as challenging whether evidence was obtained through an unlawful search or whether your rights were violated during the investigation

An attorney will examine every piece of evidence, every witness statement, and every procedural step in your case to find where the prosecution's case falls short.

What Should You Avoid Doing After a Sexual Assault Accusation in Illinois?

What you do in the days following an accusation or arrest can have a direct impact on your case. You should avoid speaking to police or investigators without an attorney present. Even if you want to tell your side of the story, doing so without legal guidance can hurt you. You should also avoid contacting the person who made the accusation, posting anything on social media about the situation, or discussing the case with anyone other than your attorney.

These steps may feel difficult, especially when you are sure that the truth is on your side. But protecting your legal rights has to come first.

Schedule a Free Consultation With Our Waukegan, IL Sexual Assault Defense Attorney

Facing a sexual assault charge is one of the most overwhelming experiences a person can go through, and you deserve an attorney who will take your case seriously and fight for you every step of the way. Attorney Theodore Potkonjak brings more than 40 years of legal experience to every case, including over 20 years as a judge and time served as both a prosecutor and a public defender. That depth of experience across every side of the courtroom gives him a perspective that few defense attorneys can offer.

If you are facing a sexual assault charge, contact our McHenry County, IL sexual assault defense lawyer today. Call Law Office of Theodore S. Potkonjak at 847-263-1200 to schedule a free consultation.