The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In Illinois, the criminal offense of sexual assault is defined under the Illinois Criminal Code. Sexual assault generally involves an act of sexual penetration without the consent of the victim, and it is considered a felony. Consent is a key factor, and a lack of consent can be due to various reasons, including the use of force or threat, the inability of the victim to understand the nature of the act or to give knowing consent, or the victim being under the legal age of consent. Illinois law also recognizes the offense of criminal sexual abuse, which may involve sexual conduct (not necessarily penetration) without consent and can be classified as either a misdemeanor or a felony, depending on the circumstances. Additionally, Illinois has laws against aggravated criminal sexual assault, which include factors that enhance the severity of the offense, such as the use of a weapon, bodily harm to the victim, or the victim being under a certain age. It is important for individuals in Illinois to understand that consent must be freely given and that any sexual activity without consent may be prosecuted under the state's sexual assault and sexual abuse statutes.