Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon
  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields




(773) 908-9811





(773) 908-9811



Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

3 Ways to Defend against Illinois Criminal Sexual Assault Charges

By now, whether you live here in Chicago or anywhere else in the United States, you’ve probably heard that multiple victims have accused Former Speaker of the House Dennis Hastert of sexual assault.


Last year, Hastert was sentenced to 15 months in a federal prison for bank fraud, which was connected to allegations that, over 30 years ago, he sexually abused teenage boys and paid one victim $3.5 million in hush money. The federal judge called him a “serial child molester” and, in addition to prison time, he was fined $250,000 and two years of supervised release. He will also have to register as a sex offender.


While Hastert will soon be released from prison, another victim has come forward with more sexual assault allegations. Richard Doe – a pseudonym – has accused Hastert of sexually assaulting him when he was in fourth grade. This claim is the most recent and makes at least five allegations against Hastert.


With so many sexual assault allegations, it’s difficult to see how Hastert can defend himself, but being charged with sexual assault is not necessarily a hopeless situation. An experienced Illinois sexual assault attorney can help craft the strongest possible defense strategy for your case and ensure that you receive the best possible outcome.


Strategies You Can Use If Charged with Sexual Assault


Here are three common defenses against sexual assault:


  1. Claiming actual innocence. The most common sexual assault defense strategy is simply saying that you didn’t do it. While many of these cases come down to he-said, she-said, there might be evidence that supports your innocence claim.


For example, if you have an alibi that can be proven for the day and time of the sexual assault, it will go a long way in showing that you couldn’t have been the perpetrator. You will need to provide receipts, bills, tickets, witness testimonies, and any other physical evidence that proves you were in one place and not the other.


  1. The sexual contact was consensual. For sexual assault to occur, the victim has to engage in sexual contact against his or her will. This means if the victim consented, then no assault happened.


The kicker with this defense, though, is that you have to prove that the victim consented, which can oftentimes be incredibly difficult to prove. The victim’s history may be helpful in this situation, especially if the victim has made similar allegations before.


Remember, the prosecution has to prove you committed the crime beyond a reasonable doubt. If you can cast doubt on the credibility of their star witness – the victim – you might be able to cast doubt on the whole case.


, 3 Ways to Defend against Illinois Criminal Sexual Assault Charges

  1. Suppressing illegally obtained evidence. It’s important to remember that even though you’ve been accused of a crime, you still have constitutional rights. If the authorities didn’t conduct a legal search and seizure, then anything obtained can’t and shouldn’t be used against you in a courtroom. For this reason, your experienced criminal defense attorney should file a motion to suppress those pieces of evidence.


On top of that, the court should also reject any evidence that has been tainted, damaged, or compromised.


If you’ve been accused to sexual assault, don’t hesitate to reach out to a knowledgeable Illinois sex crimes attorney with proven results to get started on your defense and fight for your rights.




About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.


Our Blog

Do You Have to Steal Something to Be Charged with Illinois Burglary?


Burglary is an oft-misunderstood crime.

Take the case of two 14-year-old boys in McHenry, Illinois. The juvenile suspects were arrested for the destruction of the former Just For Fun Roller Rink. The business had closed permanently in late 2020, and the boys started a fire in the empty rink. The flames quickly got out of hand.

One juvenile was charged with arson, burglary, and criminal damage to property, all felonies of varying classes. The other was charged with criminal trespass,


Illinois Drug Charges? Learn about Concurrent vs. Consecutive Sentences

Drug Crimes

If you’re facing drug charges in Illinois, you may have a lot of questions. One of those might be the penalties you will face if you are found guilty—or choose to plead guilty.

In the state of Illinois, anyone pleading guilty or convicted of a crime in court is subject to the sentence for that particular crime.

For drug trafficking crimes, there’s much to understand about the structure of sentencing and how that can impact the amount of time you

Law Offices of Andrew Weisberg