Am I Going to Be Charged with Rape?

 Posted on January 22, 2026 in Sex Crimes

If you are reading this, you are probably worried or downright scared. Maybe you had a sexual encounter that you now worry could lead to criminal charges. Maybe the other person was drunk. Maybe you are not sure they really wanted to have sex. Maybe they were younger than you thought. Whatever the situation, you need to understand Illinois law and what could happen next.

Sex crime charges are extremely serious. If you are facing sex crime charges in 2026, even if you have not been arrested yet, you should talk to a lawyer immediately. Our Chicago sex crimes defense attorney offers free consultations and can help you understand your legal situation. Call us today before you talk to police or anyone else about what happened.

The Definition of Rape in Illinois

Illinois does not actually use the word rape in its criminal code. Instead, the law calls it criminal sexual assault. Under 720 ILCS 5/11-1.20, criminal sexual assault is when someone commits an act of sexual penetration and uses force or threat of force, or when they know the other person can’t consent.

What is Sexual Penetration According to the Law?

Sexual penetration means any contact between the sex organ (penis, vagina) of one person and the sex organ, mouth, or anus of another person. It also includes any penetration of another person's sex organ or anus using any body part or object.

The law focuses on whether the other person consented. Consent means that person freely agreed to the sexual activity. A person cannot consent if they are:

• Mental disabled

• Unconscious

• Too intoxicated by drugs or alcohol 

• Under the age of 17

Many people get into trouble because they misunderstand what consent means. Just because someone did not say no does not mean they said yes. 

If someone is passed out, heavily drunk, or going in and out of consciousness, they cannot legally consent to sex. If you had sex with someone in that condition, you could be charged with criminal sexual assault even if you did not use physical force.

Can You Be Charged with Rape when Both People Were Drinking?

This is one of the most common questions men ask. If both people were drunk, can you still be charged with a crime? The answer is yes, you can.

Illinois law does not require that you were sober to have committed sexual assault. If the other person was too intoxicated to consent, you can be charged with sexual assault regardless of whether you were also drinking. The question is whether that person was so intoxicated they could not understand what was happening or could not make a rational decision.

Police and prosecutors will look at several factors. How much did each person drink? Was the other person stumbling, slurring words, or vomiting? Do witnesses say that person seemed extremely drunk? Did you help that person get to a bed or room? These details matter in determining whether the other person could consent.

If you are being investigated for a sexual assault that happened while both of you were drinking, do not assume the charges will be dropped just because you were also intoxicated. You need a lawyer immediately.

What Is Statutory Rape in Illinois?

Statutory rape refers to having sex with someone who is too young to legally consent, even if that person agreed to the sexual activity. In Illinois, the age of consent is 17 years old. This means anyone under 17 cannot legally consent to sex, no matter what they said or did.

If you had sex with someone under 17, you can be charged with criminal sexual assault or criminal sexual abuse depending on the situation and age difference. Criminal sexual abuse under 720 ILCS 5/11-1.50 applies when someone commits sexual conduct with a person who is at least 13 but under 17, and the accused person is less than five years older.

Many men get charged with statutory offenses because they did not know the other person's real age. Maybe you met at a bar or on a dating app where people are supposed to be adults. Maybe the person looked older or lied about their age. Unfortunately, Illinois law does not care whether you know their real age. If they were under 17, you can be charged.

The younger the other person was, the more serious the charges become. If the person was under 13, you face the most severe penalties under Illinois law.

Contact a Chicago, IL Sex Crimes Defense Attorney Today

Sex crimes charges can destroy your life. If you are worried you might be charged with criminal sexual assault or any other sex offense, you need to act fast to protect yourself.

Our Oakbrook Terrace sex crimes defense lawyer at Hartsfield Law offers free consultations. We handle these cases with discretion and fight aggressively to protect your rights and future. Do not wait until you are arrested. Call Hartsfield Law at 312-345-1700 today to speak with a Chicago sex crimes defense attorney who can help.