What’s the Definition of a Sexual Predator?

What’s the Definition of a Sexual Predator?

Any incident of sexual assault is a traumatic violation that can impact the victim for the rest of their life. An assailant who’s convicted of such a crime is justifiably labeled as a sexual predator. With that label comes restrictions that are designed to prevent the convicted felon from ever carrying out another assault.

When convicted, a sexual predator can face jail time. Upon their release, the serious restrictions begin.

Holding a sexual predator accountable for their actions with jail time and restrictions is just one form of punishment. They can also be held accountable through a civil complaint, which may result in a fine.

There might also be a situation in which an institution or business is held accountable for the assault. These are the issues you’ll want to discuss with an experienced Chicago sexual assault attorney.

First, it is important to understand how the law classifies a sexual predator.

Although the acts committed by a sexual predator or a sexual offender are both heinous, the law puts them into two distinct legal classifications.

A sexual predator is someone who is a repeat sexual offender and has used physical violence to carry out their assault. They can be charged with the following crimes:

Criminal Sexual Assault (720 ILCS 5/11-1.20): Involves sexual penetration by force, threat of force, or when the victim is unable to consent (due to intoxication, disability, or age). This is generally a Class 1 felony.

Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30): Occurs when the sexual assault includes aggravating factors such as the use of a dangerous weapon, causing bodily harm, or threatening the life of the victim. This is a Class X felony with mandatory minimum prison sentences.

Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40): Applies to individuals 17 or older who commit sexual acts with a child under 13.

A sexual offender is someone who is convicted of sexual assault, but without the use of violence.

Post Conviction Restrictions for Sexual Predators and Sexual Offenders

After a person has been convicted of a sexual assault and served their time in jail, they will face ongoing scrutiny. This is what that looks like:

For a Designated Sexual Predator:

  • Must register for life on the state database that is accessible to employers, institutes, and background checks.
  • Cannot live within 500 feet of a school, daycare center, or public park
  • Must attend therapy
  • Possibly requires electronic monitoring.
  • Restricted from using the internet and social media

For a Sexual Offender:

  • Must register as a sexual offender on the state database for a period of 10 years
  • Cannot live within 500 feet of schools or public parks

If the convicted individual violates these rules, they can be charged again and sent back to jail.

Common Patterns and Behaviors of Sexual Predators

Sexual predators rarely act on impulse. They often seek out sexual contact in a calculating and insidious long-term manner that involves targeting an individual and grooming them. They often present themselves as someone their target and family can trust.

Sexual predators will typically follow the following patterns:

  • Target vulnerabilities: They will seek out individuals who appear isolated or may have low self-esteem.
  • Boundary testing: They will gradually introduce physical contact through “accidental” or “innocent” touching and ask their target questions to gauge that person’s comfort level.
  • Isolation: They will encourage their target to spend time away from friends and family to exert greater influence.
  • Special treatment: They will offer gifts, praise, or special opportunities to create a special “bond.”
  • Secrecy: They will encourage their target to keep their relationship secret.

It is important for parents to recognize these patterns as they might apply to anyone their child is involved with, such as after-school activities or sports leagues.

The Difference Between Criminal Charges and Civil Liability

Criminal charges and civil liability can both apply to a sexual assault, as they are two separate legal actions.

A criminal sexual assault charge is filed by the state and prosecuted through the criminal court system. To be convicted, the defendant must be found guilty beyond a reasonable doubt.

If convicted, they will face jail time based on the severity of their crime and be required to register as a convicted sexual predator on the state and national databases.

A person can also be served with a civil complaint for sexual assault and sue for personal damages. Those damages can include medical expenses related to the assault, such as ongoing therapy. Those damages can also include pain and suffering as a result of the trauma.

With a civil complaint, the person only needs to be found guilty by a preponderance of the evidence.

Who Can Be Held Liable for a Predator’s Actions?

There are certain situations where the accountability for a sexual assault goes beyond the actual assailant. There could be third parties who engaged in negligent hiring or supervision practices.

Those same parties could also fail to maintain safe premises.

When it can be established that any of those factors contributed to the assault, you are entitled to name them as a defendant.

These are the entities and individuals who can also be held liable for a sexual predator’s actions:

  • Employers
  • Supervisors
  • Schools
  • Universities
  • Religious institutions
  • Property owners and managers
  • Youth organizations
  • Coaches

How a Personal Injury Lawyer Supports Survivors

Survivors of sexual abuse often face overwhelming emotional trauma. Added to that are financial burdens from medical expenses and missed work. A personal injury lawyer helps shoulder that burden by providing survivors with an option to pursue a remedy through the civil justice process.

At the Thomas Law Offices, we are dedicated to providing compassionate support for sexual assault survivors and their families.

When presented with a claim that we agree has merit, we’ll conduct a thorough investigation that includes gathering critical evidence and interviewing witnesses.

We’ll also call on our network of medical and mental health professionals to fully document the impact of the abuse. This work helps us build a strong claim to pursue a civil complaint against all those who played a role in allowing the assault to happen.

This type of claim is not without challenges. It is especially difficult when the parties involved were people and organizations you once trusted. We’ll help bolster your resolve and guide you through the process that can help bring a measure of peace of mind and closure.

If you or a loved one has been harmed by predatory behavior, contact Thomas Law Offices today for a free, confidential consultation to discuss your rights and explore your options for recovery.

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