In Illinois, sex crime accusations are taken seriously. The state reported a forcible rape rate of 42.5 per 100,000 people in 2023. That means these cases are common—and closely watched by prosecutors, law enforcement, and the public.

You might feel like the system is stacked against you. Your name could be tarnished, your job on the line, and your personal relationships strained. Even before a trial begins, the accusation alone can impact your life in ways you didn’t expect.

This guide is here to help you understand what happens next—and what you can do to protect your future. Being accused doesn’t mean you’re guilty. But it does mean you need to act. Speak to our Chicago, IL criminal defense attorney, Andrew M. Weisberg, who can build a strategy that gives you a fighting chance.

Understanding Sex Crime Allegations in Illinois

Sex crimes in Illinois include any offense involving non-consensual sexual conduct, sexual behavior with minors, or actions considered lewd or offensive by law. These charges can be classified as:

• Misdemeanors, such as indecent exposure, may result in shorter jail terms and fines.
• Felonies, on the other hand—like aggravated sexual assault or child pornography—can lead to long-term imprisonment, mandatory registration as a sex offender, and lifelong consequences.

Common Types of Charges

• Sexual Assault – Involves sexual penetration without consent. Aggravated sexual assault may include the use of force, a weapon, or when the victim is incapacitated.
• Sexual Abuse – Typically refers to non-penetrative sexual conduct without consent.
• Child Sexual Abuse – Any sexual behavior involving a minor, even if the minor allegedly consents.
• Statutory Rape – Sexual contact with someone under the age of consent (17 in Illinois), regardless of perceived willingness.
• Indecent Exposure – Deliberately exposing oneself in a public place.
• Internet Sex Crimes – Includes online solicitation of a minor, sharing explicit images, or grooming.
• Sexual Misconduct – Covers a broad range of behavior, often used for lesser but still serious offenses.

Immediate Legal Consequences

Arrest and Booking

Once an accusation is made, you may be arrested with or without warning. The arrest may happen at your home, workplace, or even in front of your family. After that, you’ll go through the booking process—photographs, fingerprints, and initial charges.

Bail and Release Conditions

Depending on the nature of the charge, the court may set bail or hold you without it. You could also face restrictions like electronic monitoring, no-contact orders, or travel limitations—even before trial.

Mandatory Reporting

In some cases, particularly those involving minors or vulnerable adults, certain individuals (like teachers, healthcare workers, or social workers) are legally required to report suspected abuse. This can set off investigations that become formal charges even without physical evidence.

Long-Term Consequences of a Conviction

Employment Problems

Most employers conduct background checks. A sex crime conviction—even an arrest—can result in lost job opportunities or termination. In some industries, you may be permanently barred from working.

Losing Professional Licenses

Doctors, teachers, real estate agents, and many other licensed professionals can lose their right to work after a conviction. In some cases, you may not even be allowed to reapply for a license in the future.

Impact on Housing

Landlords may deny housing based on your record. If you’re on the sex offender registry, your housing options may be limited even further.

Immigration Consequences

Non-citizens convicted of sex crimes could face deportation, even for charges that are non-violent or relatively minor. Immigration proceedings are separate from criminal trials, but a conviction can trigger them immediately.

Public Stigma

Even if you avoid jail time, the social cost of a sex crime accusation can be permanent. Relationships may fall apart, community ties may break, and your reputation may never recover.

Penalties and Sentencing if Convicted

Prison Sentences

The length of imprisonment for sex crime convictions in Illinois varies based on the specific offense and circumstances:​

• Criminal Sexual Assault: Class 1 felony with a sentencing range of 4 to 15 years.​
• Aggravated Criminal Sexual Assault: Class X felony, punishable by 6 to 30 years.​
• Predatory Criminal Sexual Assault of a Child: Also a Class X felony, carrying 6 to 30 years.​

Probation and Supervision

For some lesser offenses, courts may impose probation instead of prison time. Probation conditions are stringent and may include mandatory counseling, regular meetings with a probation officer, and restrictions on travel or internet usage. Violating probation terms can result in imprisonment.

Fines and Restitution

The amount of fines imposed for sex crime convictions varies depending on the severity and classification of the offense. For instance, certain sex crimes are classified as Class 4 felonies, which can carry fines of up to $25,000. Additionally, the court may impose fines specified within the statute defining the offense, whichever amount is greater.

Restitution involves compensating victims for financial losses directly resulting from the crime.

Under Illinois law, courts are mandated to consider restitution in all sentencing hearings. If deemed appropriate, the court will order the defendant to reimburse the victim for medical bills, therapy costs, lost income, and property damage. A Chicago, IL criminal defense attorney from the Law Offices of Andrew Weisberg can investigate your charges and fight to reduce your fines.

Sex Offender Registration

One of the most enduring consequences is mandatory registration as a sex offender. In Illinois:​

• Registration Duration: Typically 10 years, starting upon conviction for those sentenced to probation or from final parole, discharge, or release for those incarcerated.​
• Lifetime Registration: Required for individuals adjudicated as sexually dangerous or violent or those classified as sexual predators.​

Registrants must update their information annually in person. Failure to comply can extend the registration period by 10 years.

Electronic Monitoring

Certain convictions may result in mandatory electronic monitoring, such as GPS tracking. This measure restricts movement and ensures compliance with probation or parole conditions.

Residency Restrictions

Registered sex offenders face strict residency restrictions in Illinois:​

• Proximity Limits: Prohibited from residing within 500 feet of schools, playgrounds, childcare institutions, daycare centers, or facilities providing services exclusively to individuals under 18 years of age.​
• Victim Proximity: May not reside within 500 feet of the victim of the offense.

Your Constitutional Rights as a Defendant

Facing sex crime charges doesn’t mean your rights go out the window. Asserting your rights early on can protect you from making costly mistakes.

Search and Seizure

The Fourth Amendment protects you from unlawful searches and seizures. This means police cannot barge into your home, take your devices, or search your property without a warrant or clear legal justification. There are exceptions, such as if the evidence is in plain view or you give consent, but officers generally need court approval. Any evidence they collect could be deemed inadmissible if they don’t follow proper procedures.

Right to Remain Silent

The Fifth Amendment gives you the right to stay silent when questioned by police or investigators. You’re not required to explain yourself, justify your actions, or respond to accusations. In many cases, people try to ‘clear things up’ and end up making statements that hurt their case. Staying silent isn’t an admission of guilt—it’s a legal shield meant to protect you from saying something that could be misinterpreted or twisted against you.

Legal Representation

The Sixth Amendment ensures your right to have legal counsel. This isn’t just about having someone with you in court—it’s about having someone who understands the system, knows how evidence works, and can challenge unlawful procedures or unfair tactics.

A criminal defense lawyer can make a significant difference in your case. They will ensure you are treated fairly throughout the process and obtain the best possible outcome for you.

Defense Strategies in Sex Crime Cases

Defending against sex crime charges requires more than just denying the allegations. The right defense strategy depends on the facts, the evidence, and the people involved.

Consent

One of the most common defenses in adult sex crime cases is that the sexual activity was consensual. In Illinois, consent is legally defined as a freely given agreement to the act. This means it cannot be obtained through force, threats, intimidation, or if the other person was incapacitated—due to drugs, alcohol, or unconsciousness.

In some cases, communication between the parties before and after the alleged incident can be key. Text messages, social media interactions, or recorded conversations may help demonstrate that both individuals agreed to the encounter. When consent is clearly shown, it becomes extremely difficult for the prosecution to meet its burden of proof.

Mistaken Identity

Sex crime charges sometimes hinge on the identification of the alleged perpetrator. However, eyewitness testimony can be highly unreliable, especially in situations involving stress, darkness, or intoxication. A victim may sincerely believe they are naming the right person, but memory isn’t always accurate—particularly when the accused and the actual offender share similar physical characteristics.

In a mistaken identity defense, evidence like surveillance footage, GPS data, or credit card records can be used to place the defendant somewhere else at the time of the alleged incident. Friends, coworkers, or family members may also provide an alibi. Even DNA evidence can sometimes contradict a witness identification, adding weight to the argument that the wrong person has been accused.

False Accusations

While most allegations of sexual misconduct are made in good faith, false accusations do occur. These can be motivated by jealousy, revenge, personal disputes, or attempts to gain leverage in a custody battle or divorce proceeding. In some cases, the accusation may stem from a misunderstanding or regret, which is then escalated into a criminal allegation.

A defense built around proving a false accusation often involves examining the accuser’s background, behavior, and motivations. Inconsistencies in their story, prior history of false claims, or evidence showing a potential motive to lie can all be introduced in court. When jurors are presented with reasonable doubt about the accuser’s credibility, the chances of conviction can drop significantly.

Lack of Evidence

Prosecutors must prove guilt beyond a reasonable doubt. If the physical evidence doesn’t match the story being told by the accuser, or if there are no witnesses or digital records to support the claim, that can be a strong point in the defense.

Sometimes, the evidence that is presented may be circumstantial or open to interpretation. When a case lacks solid forensic or corroborating evidence, the defense may focus on that gap to argue there’s simply not enough to justify a conviction.

Flaws in the Investigation

Forensic labs might produce inaccurate results due to contamination or technical error. Investigators may overlook key witnesses or fail to follow proper procedures in collecting and storing evidence.

A defense that highlights these mistakes can introduce reasonable doubt. For example, if the chain of custody for a rape kit is broken, the results of the test may be challenged. Similarly, if a detective failed to pursue alternative suspects or ignored conflicting witness statements, that might be used to show the investigation was incomplete or biased.

In addition, many sex crime investigations rely heavily on subjective interviews with alleged victims. If investigators used leading questions, made assumptions, or failed to document interviews properly, those lapses could form the basis for a defense argument.

Alternative Resolutions and Diversion Options

Not every case goes to trial. Sometimes, some alternatives may help you avoid a conviction or reduce your sentence.

Plea Bargaining

If going to trial isn’t the right path, your Chicago, IL criminal defense lawyer from the Law Offices of Andrew Weisberg may negotiate a plea agreement. This could result in reduced charges, lesser penalties, or an agreement that keeps you off the sex offender registry.

Deferred Prosecution

In some cases, deferred prosecution may be available, especially for first-time offenders. The case could be dismissed if you meet certain conditions, like attending treatment or avoiding further legal trouble.

Treatment Programs

Illinois offers some programs focused on rehabilitation instead of punishment. These often involve counseling, monitoring, and community service in exchange for a lighter sentence.

Rehabilitation-Based Sentencing

Courts may allow treatment-based resolutions for non-violent charges or where mental health is a factor. These aim to correct behavior and reduce the risk of future charges rather than simply handing down harsh penalties.

Seek Legal Help from Chicago, IL Criminal Defense Attorneys

When you’re accused of a sex crime, it may feel like everything is spinning. Questions, fear, confusion – it all hits at once. This guide gives you some direction and walks you through the parts no one explains.

At the Law Offices of Andrew Weisberg, we don’t drown clients in legal jargon or offer false hope. We focus on dissecting evidence, spotting weaknesses in the case, and giving you a clear, honest defense plan. Andrew Weisberg, a former felony prosecutor, knows exactly how the other side builds a case. He’s been in those courtrooms. He’s stood across from the same prosecutors who might now be pushing charges against you. That insight isn’t just helpful—it’s strategic.

Whether it’s negotiating a reduction or preparing for trial, every move is calculated. Contact us at (773) 908-9811 or reach out directly through our secure online page to start the conversation.

False accusations of sexual assault can have a devastating impact on the lives of those wrongfully accused. Not only can these accusations tarnish a person’s reputation and social standing, but they can also result in profound emotional distress, strained relationships, and even legal consequences. False accusations can sometimes lead to lost job opportunities, damaged personal relationships, and even imprisonment. If you or someone you know is facing false accusations of sexual assault, contact the Law Offices of Andrew Weisberg for professional guidance and defense.

Emotional and Psychological Toll

Being falsely accused of sexual assault can be an incredibly traumatic experience. You might think you’re mentally tough, but facing accusations that question your very character can break down even the strongest individual.

Anxiety, depression, and trauma are common emotional responses when falsely accused. Even if you are innocent, the mere idea of being publicly labeled as a sexual predator is terrifying. This kind of accusation creates a constant state of stress, fear, and uncertainty. Once the emotional distress settles in, it can develop into deeper psychological conditions such as post-traumatic stress disorder (PTSD) or severe depression.

Impact on Reputation and Relationships

False accusations of sexual assault can cause irreversible damage to your personal and professional reputation. Even if proven innocent, some people will always associate you with the accusation. Your name and character could be tarnished forever, and clearing your name isn’t as simple as a legal victory. You may win in court, but the battle for your reputation could last a lifetime.

Rebuilding trust in personal relationships is another uphill battle. Imagine how challenging it can be to regain the trust of loved ones after such a serious accusation. In today’s world of fast-paced news and social media sharing, stories spread like wildfire. Often, the accusation itself makes headlines, but the acquittal or resolution doesn’t get the same level of attention. As a result, public perception can remain skewed, making it difficult to regain your standing in the community.

Legal and Financial Consequences

Legal fees alone can drain your bank account. Hiring an attorney to defend yourself against sexual assault accusations is a must. The costs for legal defense, including attorney fees, court costs, and other associated expenses, can add up quickly. And these expenses are unavoidable if you want to prove your innocence.

Criminal Record

Even if you’re falsely accused, there’s always a possibility of facing criminal charges before being cleared. Having a criminal record—even temporarily—can impact your ability to find work, secure housing, or participate in certain professional activities. Clearing your name may take time, and that delay can have long-term consequences.

Professional and Career Impact

Many employers have zero-tolerance policies when it comes to allegations of sexual misconduct. Even if the accusation is false, you could lose your job or face suspension while the investigation is ongoing. For some professions—such as healthcare workers, teachers, or government employees—this can be particularly damaging. Trust is paramount in these fields, and an accusation alone can be enough to sideline your career.

Fight Back Against False Allegations with Chicago Defense Attorney

If you’re facing false accusations of sexual assault, it’s vital to have a skilled defense lawyer in your corner. Chicago defense attorney Andrew M. Weisberg focuses on defending individuals accused of criminal sexual assault and knows how to challenge the evidence effectively. Whether the case involves aggravated sexual assault, allegations from a former partner, or accusations based on misunderstandings, Andrew M. Weisberg provides aggressive representation tailored to your unique situation. He is a former prosecutor, giving him an in-depth understanding of how these cases are built and how to dismantle them. If you need a strong defense, contact us online or call (773) 908-9811 to start protecting your rights.

In our state, sexual abuse and sexual assault laws are stringent, covering a range of non-consensual acts. These offenses are classified based on the nature of the act, the age of the victim, and the presence of aggravating factors such as force or threats.

This post will include in-depth breakdowns of criminal sexual abuse, aggravated criminal sexual abuse, criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child. Being convicted for any of these requires you to register as a sex offender, so it is incredibly important to work with an experienced Chicago sex offense attorney to fight back if charged.

Understanding Criminal Sexual Abuse Under Illinois Law

Criminal sexual abuse in Illinois, outlined in Section 11-1.50 of the Illinois Compiled Statutes, covers various acts of non-consensual sexual conduct. Here’s a breakdown of the key elements:

What Constitutes Criminal Sexual Abuse in IL?

Essentially, there are two ways to commit criminal sexual abuse potentially:

1. Engaging in sexual conduct by using force or threatening force.
2. Engaging in sexual conduct when you know the victim cannot understand the act or provide consent.

How Age Impacts Criminal Sexual Abuse Charges

Under the law, criminal sexual abuse can occur if the victim is below the age of 18 and the offender “commits an act of sexual penetration or sexual conduct.”

Here are the two circumstances outlined:

1. If the offender is under 17 and the victim is between 9 and 16 years old.
2. If the victim is between 13 and 16 years old and the offender is fewer than five years older.

How Criminal Sexual Abuse Is Charged in Illinois

There are three possible charges for criminal sexual abuse in our state, depending on the specifics of the act.

Class A Misdemeanor. If someone is accused of one of the age-related offenses outlined above, they will be charged with a Class A Misdemeanor, which includes a prison sentence of less than one year. Additionally, the offender may be fined up to $25,000 per offense or the specified amount, whichever is higher. This fine can be imposed alongside other sentences, such as conditional discharge, probation, periodic imprisonment, or imprisonment.

Class 4 Felony. Violations involving force or incapacitated victims are charged as a Class 4 Felony, which includes the same penalties as above, except that there is a possible prison sentence of 1-3 years.

Class 2 Felony. Repeat offenders will be charged with a Class 2 Felony. Again, the penalties are the same except for the period of incarceration—3-7 years.

Understanding Aggravated Criminal Sexual Abuse Under Illinois Law

Aggravated criminal sexual abuse in Illinois, outlined in Section 11-1.60 of the Illinois Compiled Statutes, details various aggravating factors that, if committed in the commission of criminal sexual abuse, can bump your charge up from criminal sexual abuse to aggravated criminal sexual abuse.

Below is a breakdown of the outlined aggravating factors.

Committing criminal sexual abuse while:

• Displaying, threatening to use, or using a dangerous weapon or any object that appears to be a dangerous weapon.
• Causing bodily harm to the victim.
• Victim is 60 years of age or older.
• Victim has a physical disability.
• Threatening or endangering the life of the victim or another person.
• Committing the offense during the course of another felony.
• Delivering a controlled substance to the victim without consent, by force, threat, or deception.

Committing sexual conduct with a victim under 18 years of age:

If the offender is 17 years or older:

• With a victim under 13 years old.
• With a victim between 13 and 17 years old using force or threat.

If the offender is under 17 years old:

• With a victim under 9 years old.
• With a victim between 9 and 17 years old using force or threat.

Committing sexual penetration or conduct with a victim aged 13 to under 17, when the offender is at least five years older. Committing sexual conduct with a victim who has severe or profound intellectual disability. Committing sexual conduct with a victim aged 13 to under 18, when the offender is 17 or older and holds a position of trust, authority, or supervision over the victim.

If any of these aggravating factors are a part of the criminal sexual abuse, aggravated criminal sexual abuse will be charged.

How Aggravated Criminal Sexual Abuse Is Charged in Illinois

There are two possible charges for criminal sexual abuse in our state depending on the specifics of the act.

Class 2 Felony. Typically, aggravated criminal sexual abuse is charged as a Class 2 Felony, with a mandatory prison term of 3-7 years and/or a fine up to $25,000 per offense or an amount specified in the offense, whichever is greater. This fine can be imposed in addition to conditional discharge, probation, periodic imprisonment, or imprisonment sentences.

Class 1 Felony. If the offender “holds a position of trust, authority, or supervision in relation to the victim,” the charge is categorized as a Class 1 Felony with a mandatory prison sentence of 4-15 years.

Understanding Criminal Sexual Assault Under Illinois Law

Criminal sexual assault in Illinois, outlined in Section 11-1.20 of the Illinois Compiled Statutes, covers specific illegal acts of sexual penetration. Here is a breakdown of the key elements:

This crime involves sexual penetration plus:

• Using force or the threat of force.
• Knowing the victim is unable to understand the nature of the act or unable to give knowing consent.
• Being a family member of the victim, and the victim is under 18 years old.
• Being 17 years or older and holding a position of trust, authority, or supervision over the victim, who is aged 13 to under 18 years old.

How Criminal Sexual Assault Is Charged in Illinois

There are three possible charges for criminal sexual assault in our state, depending on the specifics of the act.

Class 1 Felony. Typically, criminal sexual assault is charged as a Class 1 Felony, with a 4-15-year prison sentence and a fine of $75-$25,000 for each offense.

Class X Felony. This applies if:

4. You are convicted under the first or second bullet points above after a prior conviction for criminal sexual assault or exploitation of a child or an equivalent offense. The previous offense may have been committed in Illinois or another state. Class X felony consequences here include a prison sentence of 30-60 years. If you were under 18 during the offense, sentencing follows 5-4.5-105 of the U.S. Code of Corrections.
5. You are convicted under the third or fourth bullet points above after a prior conviction for this crime or for similar statutes in Illinois or elsewhere involving criminal sexual assault that is equal to or more severe than those offenses. In this case, Class X Felony consequences include a prison sentence of 6-30 years, with a fine of at least $75-$25,000 for each offense.

Life Imprisonment. If you were 18 or older at the time of the offense and are convicted under the first and second bullet points above, plus you were previously convicted for aggravated criminal sexual assault, predatory criminal sexual assault of a child, or an equivalent offense, you face imprisonment for the rest of your natural life. If you were under 18 during the offense, the sentencing is per § 5-4.5-105 of the Unified Code of Corrections.

Understanding Aggravated Criminal Sexual Assault Under Illinois Law

Aggravated criminal sexual assault in Illinois, outlined in Section 11-1.30 of the Illinois Compiled Statutes, details various aggravating factors that, if committed in the commission of criminal sexual assault, can bump your charge up from criminal sexual assault to aggravated criminal sexual assault.

Below is a breakdown of the outlined aggravating factors.

Committing criminal sexual assault that includes:

• Displaying, threatening to use, or using a dangerous weapon or any object that leads the victim to reasonably believe it is a dangerous weapon (excluding firearms).
• Causing bodily harm to the victim (except through discharging a firearm, as specified below).
• Acting in a way that threatens or endangers the life of the victim or any other person.
• Engaging in or attempting another felony.
• A victim 60 years of age or older.
• A victim who has a physical disability.
• Delivering a controlled substance to the victim without consent or by threat/deception for non-medical purposes.
• Being armed with a firearm.
• Personally discharging a firearm during the offense.
• Personally discharging a firearm during the offense, resulting in great bodily harm, permanent disability, disfigurement, or death to another person.

Committing criminal sexual assault if the offender is under 17 years old and:

• The victim is under nine years old.
• The victim is aged 9-under 13 years old and force or threats are used by the defendant.

Committing criminal sexual assault upon a victim who has a severe or profound intellectual disability.

How Aggravated Criminal Sexual Abuse Is Charged in Illinois

There are three possible charges for criminal sexual abuse in our state, but there are numerous differences in consequences depending on the specifics of the act.

Class X Felony. Most instances of aggravated criminal sexual assault are charged as Class X Felonies. Typically, conviction for these charges comes with a prison sentence of 6-30 years and a fine of $75-$25,000 for each offense. There are, however, variations to these consequences in some cases:

• If the defendant displays, threatens to use, or uses a dangerous weapon or any object that leads the victim to reasonably believe it is a dangerous weapon (excluding firearms), an additional 10 years will be added to the court-imposed prison term.
• If the defendant is armed with a firearm, an additional 15 years will be added to the court-imposed prison term.
• If the defendant discharges a firearm during the offense, an additional 20 years will be added to the court-imposed prison term.
• If the defendant discharges a firearm during the offense, causing great bodily harm, permanent disability, disfigurement, or death to another person, an additional 25 years to life will be added to the court-imposed prison term.
• 5-4.5-105 of the Unified Code of Corrections. This applies if the defendant was under 18 at the time of the offense.

Life Imprisonment. If the defendant was 18 years or older at the time of the offense and this is their second or subsequent conviction for criminal sexual assault, predatory criminal sexual assault of a child, or an equivalent offense in Illinois or another state, they will receive a life sentence. If the offender was under 18 at the time of the offense, sentencing follows § 5-4.5-105 of the Unified Code of Corrections.

Understanding Predatory Criminal Sexual Assault of a Child Under

Predatory criminal sexual assault of a child in Illinois, outlined in Section 11-1.40 of the Illinois Compiled Statutes, covers various acts of non-consensual sexual conduct. Here’s a breakdown of the key elements:

What Constitutes Predatory Criminal Sexual Assault of a Child in IL?

Predatory criminal sexual assault of a child occurs when a person aged 17 or older engages in any contact between their sex organ or anus and any part of the victim’s body for sexual gratification or arousal or engages in sexual penetration and:

• The victim is under 13 years old; or
• The victim is under 13 years old, and the offender:
  • Is armed with a firearm;
  • Personally discharges a firearm during the offense;
  • Causes great bodily harm to the victim, resulting in permanent disability or life-threatening injuries;
  • Administers a controlled substance to the victim without consent or by threat or deception, without any medical purpose.

How Predatory Criminal Sexual Assault of a Child Is Charged in Illinois

There are three possible charges for predatory criminal sexual assault of a child in our state, depending on the specifics of the act.

Class X Felony. A person who engages in the above-described sexual contact with a victim under 13 will be charged with a Class X felony with a mandatory prison term ranging from 6-60 years. These consequences can become more severe in certain situations, though:

• If the defendant is armed with a firearm, an additional 15 years will be added to the court-imposed prison term.
• If the defendant discharges a firearm during the offense, an additional 20 years will be added to the court-imposed prison term.
• If the defendant is at least 18 and causes great bodily harm to the victim during the course of the crime, resulting in permanent disability or life-threatening injuries, they will be imprisoned for 50 years to life.
• If the defendant administers a controlled substance to the victim without consent or by threat or deception, without any medical purpose during the course of the crime, they will face a prison sentence of 50-60 years.
• 5-4.5-105 of the Unified Code of Corrections. Defendants under 18 will be sentenced under § 5-4.5-105.

Life Imprisonment. This applies to anyone 18 or older who commits this offense and:

• Does so against two or more people – regardless of whether the offenses occurred together or separately.
• Has a prior conviction for criminal sexual assault, aggravated criminal sexual assault, or a substantially equivalent offense in Illinois or another state.

Defense Strategies You May Be Able to Use against Your IL Sexual Assault or Abuse Charges

In our state, defenses against sexual abuse and sexual assault charges can vary based on the circumstances of the case. Here are some common defenses that may apply:

Consent. If the alleged victim consented to the sexual activity, it may serve as a defense. However, consent is not valid if the victim is under the legal age of consent (which in Illinois is generally 17 years old), otherwise unable to consent, or if consent was obtained through force, threat, or coercion.

False Accusation. Demonstrating that the allegations are false or motivated by ulterior motives (such as revenge, jealousy, or misunderstanding) can be a defense. This often involves presenting evidence that contradicts the accuser’s claims.

Mistaken Identity. If there is doubt about the identity of the perpetrator, this can be a defense. This defense might be applicable if there was poor lighting, the presence of similar-looking individuals, or other factors that cast doubt on the identification.

General Lack of Evidence. Challenging the prosecution’s evidence or the credibility of witnesses can weaken the case against the defendant. This could involve showing inconsistencies in the testimony, lack of physical evidence, or unreliable forensic evidence.

Alibi. Providing evidence that the defendant was elsewhere and could not have committed the alleged offense at the time it occurred.

No Intent. If the alleged act did not meet the legal definition of the offense charged (for example, if there was no intent to commit the act in question), this could serve as a defense.

The best way to determine which strategy is most appropriate for your specific case is to consult with a knowledgeable Illinois criminal lawyer with experience – and a successful track record – handling these types of charges.

About the Author: Andrew M. Weisberg is a former felony prosecutor now serving as a defense attorney in greater Chicago. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The #MeToo movement has undeniably reshaped societal attitudes toward sexual assault, prompting a reexamination of legal landscapes across the globe. In Illinois, this transformation is particularly pronounced as the state grapples with the challenges and opportunities posed by the movement.

In this blog, we will delve into the impact of #MeToo on sexual assault cases, focusing on the evolving legal terrain in Illinois. Additionally, we will explore the crucial role of defense lawyers in navigating this changing landscape and the importance of building a robust defense strategy.

The Evolution of #MeToo in Illinois

#MeToo, a movement that gained momentum in 2017, empowered survivors to speak out against sexual harassment and assault. In Illinois, this wave of disclosure prompted a closer look at existing laws and a reevaluation of how sexual assault cases are handled. The state has witnessed a surge in awareness, with survivors feeling more supported to come forward and seek justice.

Impact on Sexual Assault Cases

The #MeToo movement has significantly altered the dynamics of sexual assault cases in Illinois courtrooms. Juries are now more attuned to issues of consent, power dynamics, and the psychological trauma experienced by survivors. This heightened awareness has led to a shift in how evidence is evaluated, and decisions are made.

One notable impact is the increased scrutiny of past behavior and the admissibility of prior bad acts as evidence. Defense lawyers must grapple with the challenge of addressing the relevance and reliability of such information while safeguarding the rights of the accused.

The movement has also led to a more critical examination of power imbalances, making it imperative for defense attorneys to navigate these nuances effectively.

Challenges for Defense Lawyers

Defense lawyers in Illinois face unique challenges in the wake of the #MeToo movement. The increased public awareness and sensitivity surrounding sexual assault cases demand a nuanced and careful approach to defense strategies. The potential for a public backlash against those perceived as undermining survivors’ stories adds an extra layer of complexity.

One significant challenge is countering the emotional impact of survivor testimony. Defense lawyers must approach such cases with empathy and understanding while diligently challenging the evidence presented.

Striking a balance between rigorous defense and respect for the sensitivity of the subject matter is a delicate task that requires experience and skill.

Navigating Legal Nuances

The legal landscape in Illinois has witnessed changes aimed at better accommodating survivors of sexual assault. This includes modifications to statutes of limitations, providing survivors with more time to come forward and seek justice. Defense lawyers must stay abreast of these legal nuances to build effective strategies that align with the evolving legal framework.

Opportunities for Defense Lawyers

While the #MeToo movement has introduced challenges, it also presents opportunities for defense lawyers in Illinois. The heightened awareness of sexual assault issues necessitates a more rigorous examination of evidence, affording defense attorneys the chance to identify inconsistencies and weaknesses in the prosecution’s case.

Building a Strong Defense

The key to navigating the changing landscape lies in building a solid defense, which begins with selecting an experienced criminal defense lawyer. A lawyer well-versed in Illinois sexual assault laws, evidentiary nuances, and evolving societal attitudes is essential.

The attorney must be adept at dismantling weak arguments, challenging biased narratives, and presenting a comprehensive defense strategy tailored to the specifics of each case.

Defending Sexual Assault Cases In Illinois

The #MeToo movement has left an indelible mark on the legal landscape of sexual assault cases in Illinois. As the state adapts to this changing environment, defense lawyers play a pivotal role in ensuring a fair and just legal process.

By understanding the challenges posed by the movement and seizing the opportunities it presents, defense lawyers can build robust strategies that safeguard the rights of the accused while respecting the experiences of survivors.

In this evolving landscape, the importance of contacting an experienced criminal defense lawyer cannot be overstated as they navigate the complexities of #MeToo and contribute to the pursuit of justice.

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 handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Facing sex charges in Chicago can be a harrowing experience that carries significant consequences for your reputation, personal relationships, and future. It’s important to recognize that accusations do not automatically equate to guilt, and everyone has the right to a fair legal process. Ultimately, the burden of proof rests with the prosecution. You are presumed innocent until proven guilty, and there are a number of defense strategies that you may be able to use.

This blog post delves into some potential defense strategies that can be employed against sex charges in Chicago, shedding light on ways to protect your rights and present a strong case in your favor.

The first and foremost step when facing sex charges is to consult with an experienced criminal defense attorney who specializes in sex crime cases. An attorney with in-depth knowledge of Chicago’s legal landscape can provide tailored guidance and build a strategic defense based on the specific details of your case.

Depending on the facts of your case, what kinds of strategies might a criminal lawyer use?

Examine Evidence and Witnesses

Your attorney will thoroughly examine the evidence presented by the prosecution. This involves assessing witness statements, medical records, communication records, and any other relevant information to identify inconsistencies or contradictory details.

Challenging Credibility

In many sex crime cases, witness credibility plays a crucial role. Your attorney may uncover biases, ulterior motives, or prior inconsistencies in the statements of the accuser or other witnesses, which can cast doubt on their credibility.

Consent as a Defense

If the case revolves around consent, your attorney will explore the circumstances surrounding the alleged incident to determine whether explicit consent was given by all parties involved.

Lack of Evidence

If the prosecution lacks solid evidence to establish guilt, your attorney can challenge the sufficiency of the case. Demonstrating the absence of incriminating evidence can weaken the prosecutor’s position.

False Accusations

In some instances, individuals are falsely accused due to personal vendettas, misunderstandings, or other motivations. Your attorney will explore these possibilities to unveil any hidden motives behind the accusations.

Alibi

If you have an alibi that places you elsewhere at the time of the alleged incident, your attorney can gather evidence and testimonies to corroborate your whereabouts, weakening the prosecution’s case.

Cross-Examination

Your attorney’s skillful cross-examination of witnesses can help uncover inconsistencies in their testimonies and highlight any biases or ulterior motives they might have.

Expert Testimony

Depending on the nature of the charges, your attorney may call upon expert witnesses, such as medical professionals or forensic experts, to provide evidence that supports your defense.

Violation of Constitutional Rights

If evidence was obtained through illegal searches or seizures, your attorney can argue that this evidence should be excluded from the trial, potentially weakening the prosecution’s case.

Negotiation and Plea Bargains

Depending on the circumstances, your attorney might engage in negotiations with the prosecution to explore plea bargain options that could result in reduced charges or penalties.

When confronted with sex charges in Chicago, it’s crucial to remember that you have rights and the opportunity to present a strong defense. Employing effective defense strategies can be instrumental in securing a favorable outcome and protecting your future. While the specific strategy will depend on the details of your case, working closely with an experienced criminal defense attorney who specializes in sex crime cases will provide you with the guidance and expertise necessary to navigate the legal process. Remember that facing sex charges is a serious matter, and by enlisting the help of a skilled attorney, you’re taking a significant step toward ensuring that your rights are upheld and that justice is served.

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 handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Sexual assault charges are serious, and sex crimes in general are some of the harshest offenses to face in a court of law.

Sexual assault is an underreported crime in Illinois, but the reported cases of it are still very high across the country and in the state of Illinois. And while sexual assault is itself a serious crime that can lead to time behind bars and steep fines, the consequences can get even worse.

There are some factors that can elevate a sexual assault case to the even more serious felony of aggravated sexual assault. Read on to find out how this happens and what can be faced if found guilty.

Sexual Assault: What Is It?

Under the law in Illinois, if there is sexual penetration with the threat of force or actual use of force, or the victim is unable to give consent, then sexual assault is committed. This is usually a Class 1 felony in the state, which can lead to a sentence in prison of up to 15 years and require the payment of fines of $25,000.

Aggravated Sexual Assault: What Is It?

Aggravated criminal charges, including sexual assault, are simply more severe charges that can be added to a case when the circumstances warrant it. In order for aggravated sexual assault to be charged, sexual assault must occur in conjunction with at least one of the following acts:

• The threat of the use of a dangerous weapon or a display of a dangerous weapon other than a firearm
• Bodily harm is done to the victim
• The victim’s life, or the life of another, was threatened
• Sexual assault was attempted or committed during the commission of another felony crime
• The victim is over the age of 60
• The victim has a physical disability
• The person who committed the sexual assault gave the victim a controlled substance without their knowledge or consent
• A firearm was in possession of the perpetrator
• A firearm was discharged during the crime

Aggravated sexual assault is considered a Class X felony in Illinois, which is the most serious type of felony a person can face. If convicted of sexual assault that is aggravated in the state, a person can face up to 30 years behind bars and be ordered to pay as much as $25,000 in fines.

However, mandatory prison sentencing can come into play if there are other circumstances present in the case, such as threatening the victim with a dangerous weapon. In that case, an additional 10 years is added automatically to the prison sentence imposed by the court.

Felony aggravated sexual assault is a very serious crime accusation, but any person accused of this crime does have rights. Not only do they have the right to remain silent to not incriminate themselves, but they also have the right to an attorney to help represent their interests in court.

That’s why it’s a good idea to get an attorney involved in your case as soon as possible. They’ll help you to understand the enormity of the charges against you, giving you a fair shot to defend yourself from them. After all, if you don’t understand why you’ve been charged with a crime, then it is impossible to mount the defense you deserve and to which you are entitled.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When many people hear the term “sex crime,” they often think of sexual assault. But, in Illinois, sex crimes are defined by many acts beyond sexual assault – some of which may surprise you.

When someone is accused of sex crimes, it’s serious. After all, being found guilty of a sex crime can have a profound impact on the rest of a person’s life, beyond any time they may have to spend in prison. This is precisely why it pays to understand the laws surrounding sex crimes in the state.

What types of crimes qualify as sex crimes in Illinois? What are the penalties? These questions and more are answered here in this comprehensive guide to Illinois sex crimes.

Sex Crimes in Illinois

There are several crimes that qualify as sex crimes in our state. They are:

Criminal Sexual Assault

In the state of Illinois, you don’t see the prosecution charge someone with rape. According to Illinois law, what some people would call “rape” is actually criminal sexual assault.

The reason the term rape has been taken out of court proceedings: The state legislature thought that calling it criminal sexual assault would reduce the stigma that often comes attached to the crime. They hoped this would encourage more people who have been victimized to come forward.

Sexual assault takes place when, in an act of sexual penetration, one or more of the following is perpetrated:

• Force or threat is used
• The victim was unable to give appropriate consent
• The victim is under the age of 18 and is a family member of the accused
• The victim is between 13 and 18 years old and the accused is over 17 – they are either in a position of authority over or related to the victim

According to the Illinois Rape Crisis Center, statistically, the most common perpetrator in criminal sexual assault cases is a friend, acquaintance, neighbor, or coworker of the victim.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault occurs when sexual assault is accompanied by at least one of these factors:

• The use of a dangerous weapon in the commission of the crime
• Bodily harm is inflicted on the victim
• The victim’s life or the life of another was threatened
• Another felony was perpetrated at the same time
• The victim was over the age of 60
• The victim was considered physically handicapped
• The victim was drugged by the accused with a controlled substance
• A firearm was discharged by the defendant during the crime
• A firearm was discharged by the defendant during the crime and caused bodily harm to the victim or someone else

There are other circumstances where someone can be charged with aggravated sexual assault, as well. These factors are dependent on the age of the perpetrator when compared to the age of the victim and include:

• Sexual penetration of a victim aged eight or younger by someone age 16 or younger
• Sexual penetration of a victim ages nine to 12 where the threat of force or force was used
• Sexual penetration of a victim who, regardless of age, is severely mentally disabled

Predatory Criminal Sexual Assault

A person commits predatory criminal sexual assault when they commit a crime that involves these particular elements:

• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger
• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger, and a firearm was involved in some capacity in the crime
• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger, and they delivered a controlled substance to the victim

Criminal Sexual Abuse

Criminal sexual abuse can be either a misdemeanor or a felony in Illinois. Misdemeanor sexual abuse occurs if a person commits sexual penetration or conduct in these varied scenarios:

• The victim was between the ages of 9 and 16, and the person accused was under the age of 17
• The victim was between the ages of 13 and 16, and the person accused is 17 or older, but not more than five years older than the victim

Felony criminal sexual abuse is perpetrated when there is sexual conduct along with the threat of force or force. This occurs with a victim who is unable to understand the act and give their consent.

Aggravated Criminal Sexual Abuse

Aggravated criminal sexual abuse in Illinois is perpetrated when criminal sexual abuse occurs along with one of these elements:

• The use of a dangerous weapon
• A victim who is 60 or older
• Bodily harm was done to the victim
• A threat was made against the victim’s life or the life of another
• Another felony was committed at the same time
• The victim was physically handicapped
• The victim was drugged by the defendant with a controlled substance

Aggravated criminal sexual abuse can also occur in circumstances where the victim is 17 or younger, and the perpetrator is a family member – as well as sexual conduct in any of these scenarios:

• The perpetrator is at least 17 with a victim who is 12 or younger
• The perpetrator is at least 17 and the victim is between 13 and 16
• The perpetrator is at least 17 and the victim is under the age of 8
• The perpetrator is at least 17 and the victim is between 9 and 16 and the threat of force was used
• The victim is someone who is mentally disabled with a defendant of any age
• The defendant is at least 17 and in a position of trust or authority over a victim between the ages of 13 and 17
• A defendant who is at least 17 years old and a minimum of five years older than a victim, who is between the ages of 13 and 17

How Are Sex Crimes Investigated?

When police investigate sex crimes in Illinois, they use several different methods depending on the circumstances. In some scenarios, they may have a victim make a report in order to establish that a sex crime took place.

This will result in an investigation where police gather evidence to make a judgment if a crime has indeed occurred. Evidence can include DNA samples or statements from potential witnesses.

If enough evidence is collected to charge someone with a crime, then an arrest is made, and the charges are officially brought against them in court.

Penalties for Sex Crimes Conviction in Illinois

Each sex crime conviction brings with it penalties specific to the crime. The following graph outlines the arrest rates based on each type of sex crime conviction between 2010 and 2019. The most frequent arrests fall consistently into the aggravated criminal sexual abuse category.

SOURCE: CHICAGO ALLIANCE AGAINST SEXUAL EXPLOITATION

Criminal Sexual Assault

This crime is a Class 1 felony. If convicted, you can spend up to 15 years incarcerated for it. It is a crime that does not allow probation, either, so, under the law, a judge cannot sentence anyone convicted of it to probation in lieu of time in prison. There is also a minimum penalty associated with this conviction: Four years in prison.

If the person convicted has a criminal history of sexual assault convictions, then it turns into a Class X felony, the most serious level of felony in Illinois. That can raise the length of the prison sentence up to 30 years or even the length of the offender’s natural life, depending on the circumstances of the conviction.

Aggravated Criminal Sexual Assault

This type of sexual assault is considered a Class X felony. The penalty associated with that is up to 30 years incarceration, with extensions of up to a quarter of a century for aggravating factors. This is also a felony where the judge cannot give probation. Prison time is mandatory.

For anyone who is convicted two or more times for this crime, it can lead to a sentence of the rest of their natural life in prison without the possibility of parole.

Predatory Criminal Sexual Assault

Another Class X felony, this type of assault can send someone to prison for up to 30 years. In the instances where a firearm is used during the offense, that can add on up to 50 years – or the rest of a defendant’s natural life in prison. A second conviction of this offense will send someone to prison for life.

Criminal Sexual Abuse

This can be either a Class A misdemeanor or a Class 4 felony, as was noted above. If it’s a misdemeanor charge, those convicted can end up in jail. The court may require a person to register as a sex offender.

Class 4 felonies can be eligible for probation, but that is entirely up to the judge in the case. Anyone convicted of a Class 4 felony can spend up to three years in prison.

For anyone with two or more convictions of this crime on their record, a Class 2 felony can be charged. That can send a person to prison for up to seven years, but it is also probational.

Aggravated Criminal Sexual Abuse

This crime can also be a Class A misdemeanor or a Class 2 felony. If convicted of a felony, a person can spend up to seven years behind bars.

Registration as a Sex Offender

Anyone convicted of these sex crimes will have to register in the state of Illinois as a sex offender. How long a person must register depends on the crime of which they are convicted.

Anyone who is deemed a sexual predator will have to register for life, but, in other cases, the severity of the crime committed will help to determine how long a person must register. Sex offenders in Illinois must register for at least 10 years.

When someone registers as a sex offender, they must provide information to local law enforcement as soon as three days after they’ve been sentenced. They must renew their registration at least once per year. If any of their information changes, such as their address, they must update it.

They must also provide personal details such as name, date of birth, social media account names, and physical characteristics. These details are uploaded into a system that is available to the public. It will also show up on background checks.

Those who are on the sex offender registry also must abide by certain rules. If they travel out of town, they must inform the local law enforcement of where they are going. If they move to another state, they will have to register under the laws of the new state, and they must follow those rules. If they fail to do this, then they can be charged with an additional Class 3 felony that can send them to jail or require them to pay fines – or both.

They also are restricted from being in certain places as registered sex offenders. For example, they are not allowed to go within 500 feet of a school. They also cannot be within 500 feet of a park, daycare facility, or another public place where children under the age of 17 may be present. They cannot live within 500 feet of any of these places, either.

Can Your Name Be Removed from the Sexual Offender Registry?

A person’s name can only be removed from the sexual offender registry when their required period of registration comes to an end. When it does, you can petition the court to have your name removed. However, it’s not possible to have your records sealed or expunged when you have a sex crime conviction.

Defenses to Sex Crimes

No matter what you are accused of, you have the right to defend yourself in court with the presumption of innocence on your side. Every case is different, but, in general, there are some solid ways to defend against sex crime charges. Your experienced attorney will be able to help guide you once they know the facts of your case.

Some common defense strategies include:

Innocence

This is one of the most basic defenses out there, but if you are not guilty of the crime you are being accused of, you need to make a case for that. If you were, for example, at a different location when the crime took place or with someone else who can corroborate your story, then that is evidence that should be presented to the court to prove your innocence.

Consent

If there are sex acts that took place when the accused believed they had consent from the victim, then that should be brought up in court, as well. If there is some type of evidence that can be produced to show this, then make sure to let your attorney know.

Sex crimes are serious crimes to be accused of and can impact the rest of your life. If you’re facing sex crimes charges, then meet with an attorney as soon as you can.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Sex crimes, unfortunately, happen quite often. And maybe more often in Illinois than other places.

A study from SafeHome.org found that the state of Illinois has the fifth-highest number of people listed on their sex offender registry in the United States. That means that the state has more registered sex offenders than 45 other states out there.

This begs a salient question: what does it mean to be an Illinois sex offender? What types of crimes can put you on the state sex offender registry and how does being on that registry impact your rights? Read on to find out.

What Crimes Can Put You on the Illinois Sex Offender Registry?

Any crime that is sexually violent or exploits minors sexually can land you on the sex offender registry in Illinois. This includes crimes such as:

• Solicitation of a minor
• Sexual assault
• Possession of child pornography
• Kidnapping
• Indecent exposure
• Abuse of a minor

This is not a comprehensive list, but it can give you an idea of the types of crimes that can result in being added to the registry – which will have a huge impact on your life.

The Impact of Being on the Illinois Sex Offender Registry

In Illinois, you are required to register as a sex offender if you are:

• Convicted of a charged sexual offense
• Found not guilty by reason of insanity to the sexual offense
• Subject to a finding that doesn’t result in an acquittal for the sexual offense

How long you must register as a sex offender depends on how the law classifies the charges that resulted in your requirement to register.

The two classifications most often used in Illinois are:

Sexual Predator

A sexual predator classification is one that will require sex offender registration for life.

Sexual Offender

A sexual offender classification is one that will require you to register as a sex offender in Illinois for at least 10 years. However, the actual time period during which you must register can vary depending on the circumstances surrounding your case.

The Legal Restrictions

Registering as a sex offender can limit your life in many ways, including the stigma faced in your community.

The legal restrictions experienced by Illinois sex offenders include:

Where You Can Work, Live, and Visit

You will not be allowed to visit, work, or live within 500 feet of any school building or property. You also cannot be within the boundaries of a public park or any building in that public park.

For schools, some exceptions may be granted, but only by the school board or superintendent if you have a child enrolled in the school. You can only be present at school for the academic purposes of the child.

Social Media Restrictions

Under Illinois law, any person who commits or is convicted of a sexual offense after 2010 cannot use online networking sites or social media sites while they are on mandatory supervised release, probation, or parole.

Advanced Notice If Living with Children

As a registered sex offender in Illinois, you cannot legally live in a household with a child. In some situations, you will have to provide advanced notice if you’re moving into a residence with a person who is younger than age 18 if they’re not legally your child. The local police department must be notified of this at least three days before you move in.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Sexual assault is a crime accusation no one wants. After all, state governments around the country take sex crimes very seriously, including Illinois. One accusation could impact your life forever.

This is why consent plays such a huge role in sexual relations between adults. Still, sometimes mistakes of consent happen. You could find yourself accused of sexual assault even when you believed consent was given.

Here’s what you need to know about sexual consent – what it legally means in Illinois, plus the charges faced if you fail to get consent from another person.

The Role of Consent

Every state has its own definition of consent. In Illinois, “consent” means permission given freely for sexual activity.

When you have sexual relations with someone, they should feel free to say “yes” or “no” at any time during the encounter. No one should take submission, lack of physical/verbal resistance, silence, or passivity as consent.

A few factors play into legal consent if it’s in question. In relation to sexual acts, you should make sure that:

• Consent is freely given – the person offered consent of their own free will. They were not threatened, coerced, or induced to consent through fraud.
• Consent was affirmative – they expressed through words and overt actions that they agreed to the act.
• The other person has the capacity to consent – they were legally able to do so.

Capacity to consent is a sticking point. The law considers some people without the capacity to consent, even if they give it affirmatively.

Factors that play into a person’s capacity to consent include:

• Their age – in Illinois, anyone under age 17 is not considered legally able to give consent to participate in a sexual act with an adult.
• Mental disability – if someone is developmentally disabled or suffers from another form of mental incapacitation, they are often viewed as legally unable to consent.
• Physical disability – conditions that render a person physically helpless may also call into question their ability to consent.
• Intoxication – an intoxicated person may not be able to legally give consent, either. Another hinge point: was their intoxication voluntary?
• Consciousness – someone unconscious because they’re asleep, sedated, or suffering physical trauma, i.e. a concussion, cannot freely give consent.
• Adults who are vulnerable – the vulnerable, like an ill or elderly person, may not be legally able to give their consent.
• Power-imbalanced relationships – a person in a position of authority, like a correctional officer or a boss, cannot legally obtain affirmative consent from someone under them.

Sexual Assault Penalties in Illinois

Illinois defines sexual assault as an act of sexual penetration perpetrated without consent, with force or the threat of force, or with victims under a certain age.

First-time offenders can be charged with a Class 1 felony, punishable by as many as 15 years in prison. After the first offense, the charge may jump to a Class X felony, which can land you up to 60 years behind bars.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you’re ever accused of a sex crime, then it can have a big impact on your life. Even if you’re never convicted, a charge can go on your criminal record and make things difficult for you in the future since it’s public information.

A conviction for a sex crime can also bring about a lot of consequences such as a prison sentence, fines, and registering as a sex offender in Illinois.

There are two sex crimes that are more serious than others but the differences between them are small. Here is what you need to know about criminal sexual abuse and criminal sexual assault in Illinois.

Sexual Abuse in

Sexual abuse in Illinois is a crime that involves an act of sexual conduct with force or threat of force or an act of sexual conduct done knowing that the victim cannot fully consent.

Sexual conduct is defined by the law as any fondling or touching of the breasts or sex organs of someone for the purposes of sexual gratification, either directly or through clothing.

If it is perpetrated on a child under the age of 13, then sexual conduct is defined as the fondling or touching of any body part.

Furthermore, sexual abuse can be considered aggravated if it is committed and a dangerous weapon is threatened to be used or used during the crime or the victim sustains great physical harm.

Penalties for Sexual Abuse

Sexual abuse starts as a Class A misdemeanor, but it can be charged as a Class 2 felony if it’s aggravated. A Class A misdemeanor is punishable by up to 12 months in prison and fines of $2,500 while a Class 2 felony can send you to jail for up to seven years and make you responsible for fines up to $25,000.

Sexual Assault in Illinois

If sexual abuse is sexual conduct such as touching, then what is sexual assault? In Illinois, sexual assault is defined as an act of sexual penetration by force or in a situation where the victim cannot give consent.

Also, if the perpetrator is over the age of 17 and the victim is between 13 and 18, it’s considered sexual assault whether consent was given or not.

Aggravated sexual assault occurs if there is sexual penetration and a dangerous weapon was used or threatened to be used during the crime. If the perpetrator has a firearm, it is also considered aggravated sexual assault.

Penalties for Sexual Assault

Sexual assault is often prosecuted as a Class 1 felony. It can result in up to 15 years behind bars and fines of as much as $25,000. If someone is found guilty of aggravated sexual assault, then it is considered a Class X felony in Illinois. That’s a very serious felony charge and can result in up to 30 years in prison and $25,000 in fines.

These two major sex crimes may seem the same, but as you can see they are slightly different. Sexual assault is considered the more serious crime of the two and can account for a much harsher penalty if convicted since it involves penetration of the body instead of touching.

Both charges are quite serious, which is why understanding the charges against you and the possible penalties you could face as a result of being charged with either crime is paramount to a good defense.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

By itself, sexual assault is a serious crime with grave consequences. In Colorado, criminal sexual assault is defined as sexual penetration when any of the following elements exist:

• You used force or the threat of force
• You had knowledge that the victim did not understand the nature of sex or was not able to consent (they were unconscious, sleeping, intoxicated, etc.)
• The victim was under the age of 18 and you and the victim are family members
• The victim was between the ages of 13-18, you are over the age of 17, and you held a position of authority over the victim (teacher, law enforcement officer, coach, etc.)

Note that to qualify as criminal sexual assault, the crime must include penetration. Penetration is defined as any contact between the sex organ or anus of one person and another sex organ, mouth, object, or anus of another person.

In our state, sexual assault is charged as a Class 1 felony and punishable by up to 15 years imprisonment.

Still, as serious as criminal sexual assault is, it can be elevated to an even graver crime when “aggravating factors exist”. We’ll talk more about what an aggravated criminal assault in Colorado means below.

What Is Aggravated Criminal Assault?

In Colorado, aggravated criminal assault is a sexual assault crime when any one of the following aggravating factors are present:

• You used, threatened to use, or displayed a dangerous weapon, including firearms, during the act
• You used, threatened to use, or displayed an object that the victim believed was a dangerous weapon
• You were armed with a firearm
• You caused bodily harm
• You endangered or threatened to endanger the life of the victim or another person
• You committed or attempted to commit a felony during the act
• The victim was over the age of 60 or had a disability
• You administered controlled substances to the victim (such as “date-rape” drugs)

Aggravating Factors that Do Not Involve Weapons

In most cases, “aggravating factors” involve weapons. However, there five situations when you can be charged with aggravated sexual assault without using weapons. We’ll review these below.

You caused bodily harm

A sexual assault crime is considered aggravated if you cause bodily harm to the victim.

You endangered or threatened to endanger someone

If you endanger or threaten to endanger the life of another person while committing sexual assault, it will be considered aggravated.

You committed a felony

Committing a felony — such as burglary or robbery — while committing sexual assault, it is considered aggravated.

The act involved an elderly or disabled victim

When a sexual assault involves a victim who is over the age of 60 or has a disability, it is considered aggravated sexual assault.

You give the victim drugs

If you administered a date rape drug or another controlled substance to the victim, a sexual assault crime is considered aggravated.

It’s important to know that regardless of whether the aggravated sexual assault involves a weapon, the crime carries serious consequences. In Colorado, aggravated criminal assault is a Class X felony and punishable by 30 years to life in prison.

Other Potential Influencing Factors in Sexual Crimes

Below, we’ve discussed two other factors that could influence a sex crim charge:

• The victim’s age. In some circumstances, a criminal assault crime can be elevated to the crime of predatory criminal assault of a child. Our state defines predatory criminal sexual assault of a child as any type of “any type of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal.” In order to qualify, the victim must be under the age of 13 and the perpetrator has to be over the age of 17.

Note that unlike the prior types of criminal assault, predatory criminal assault of a child does not require sexual penetration to have occurred.

In Illinois, predatory criminal sexual assault of a child is considered a Class X felony, and punishable by 60 years to life in prison.

• Whether penetration occurred. Unless the victim is under the age of 13, penetration must occur in order for the crime to be considered sexual criminal assault. If no penetration occurred, the crime is considered criminal sexual abuse.

Typically, sexual abuse is considered a Class 4 felony and punishable by one to three years in prison.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you are facing a sex crime charge or worried that an accusation might be coming, one of the biggest questions on your mind is probably whether or not you could have to register as a sex offender in Illinois.

As consequences go, being on the sex offender registry is one of the worst ongoing hardships someone can be saddled with, as it has been shown to harm job prospects, limit living opportunities, stand in the way of loans, and more.

To give you an idea of what you may be up against, in this post we’re going to list the sex crimes that require registration in Illinois, then explain what you need to know about how the sex offender registry works and how you can fight your charges.

Illinois Sex Crimes Requiring Registration

A conviction for any of the following crimes will require you to register as a sex offender in Illinois:

• Criminal sexual assault
• Aggravated criminal sexual assault
• Predatory criminal sexual assault on a minor
• Criminal sexual abuse
• Aggravated criminal sexual abuse
• Ritualized abuse of a minor
• Forcible detention of a minor
• Permitting sexual abuse of a minor
• Child pornography
• Aggravated child pornography
• Indecent solicitation of a minor
• Sexual exploitation of a minor
• Soliciting, patronizing, or keeping a place of juvenile prostitution
• Juvenile pimping
• Pimping, pandering, patronizing or soliciting a minor
• Custodial sexual misconduct
• Sexual misconduct of victim with a disability
• Indecent solicitation of an adult
• Public indecency (three or more convictions)
• Child abduction

• Kidnapping
• Aggravated kidnapping
• Unlawful restraint
• Aggravated unlawful restraint
• First degree murder (when sexually motivated)

If you are facing charges for any of these crimes, it’s imperative that you get help from a skilled Chicago criminal attorney as soon as possible. Your lawyer may be able to get your charges reduced or dropped with a strong, aggressive defense, but the more time he or she has to build your case, the better.

Living as a Registered Sex Offender in Illinois

Once you are convicted for one of the crimes listed above, the courts will require you to register as a sex offender immediately.

For most sex crimes convictions, you will be required to register once per year. Illinois requires retroactive registration for any felony sex crime convictions that occurred after July 1, 2011.

You will be required to remain on the sex offender registry for 10 years. This period begins at the time of your conviction. If you are sentenced to prison, the registration period begins upon your discharge, release, or parole date.

If the court has deemed you to be sexually dangerous or sexually violent, you will need to register every 90 days for the rest of your life. A person deemed to be a sexual predator or convicted of murder is required to register annually for life.

Registrations must be made in person with Illinois law enforcement in your local jurisdiction. A first-time $100 charge will be applied along with a $100 annual registration fee.

Changes to registration information must be made within three days. Additionally, you must register any place where you reside for three days or more.

At registration, the local law enforcement agency will take your photo to be posted on the registration website. This photo is updated every time you register.

Why You Should Fight to Avoid the Illinois Sex Offender Registry

A conviction for a sex crime in Illinois can negatively affect your quality of life for years. In addition to the things mentioned above, being on the sex offender registry can affect your reputation and relationships, and you could even be prohibited from being near a park or school unless you have specific permissions.

This is no way to live, but in order to avoid it, you’ll need to beat the charges against you and prevent a conviction.

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.

When you hear about sexual assault cases on television, you may notice reporters using various terms for similar charges: “rape,” “sexual assault,” “sexual abuse,” etc. Each state has different definitions and charges for sexual assault crimes. If you are charged with any sort of sex crime here in Illinois, it is crucial to know what you are up against, and how you can defend yourself.

Let’s look at the three tiers of criminal sexual assault in Illinois: criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child.

(There are also two types of criminal sexual abuse charges in Illinois that apply to cases where sexual penetration was not present.)

Criminal Sexual Assault

Criminal sexual assault is the most “basic” sexual assault charge in Illinois. Defendants can be convicted of criminal sexual assault if prosecutors can prove that sexual penetration occurred and one of the other elements were present:

• Force or the threat of force
• Knowledge that the victim did not understand the nature of sex or was not able to consent (they were unconscious, sleeping, intoxicated, etc.)
• The victim was under the age of 18 and the perpetrator and victim are family members
• The victim was between the ages of 13-18, the perpetrator was over the age of 17, and the perpetrator held a position of authority over the victim (teacher, law enforcement officer, coach, etc.)

In Illinois, criminal sexual assault is a Class 1 felony. Penalties include up to 15 years in prison unless the defendant has a previous sexual assault conviction on their record.

Subsequent sexual assault charges are a Class X felony. Penalties include up to 60 years in prison, but the sentence can be increased to life behind bars.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault occurs when “aggravating factors” are present in a sexual assault crime. In Illinois, “aggravating factors” for sex crimes include:

• The perpetrator used, threatened to use, or displayed a dangerous weapon, including firearms, during the act
• The perpetrator used, threatened to use, or displayed an object that the victim believed was a dangerous weapon
• The perpetrator was armed with a firearm
• Bodily harm
• Endangerment or threat to endanger the life of the victim or another person
• Another felony was committed or attempted during the act
• The victim was over the age of 60 or had a disability
• Controlled substances were administered to the victim (“date-rape” drugs, etc.)

Even if just one of these aggravated factors were present, the sexual assault charge is elevated to a Class X felony. Penalties include up to 30 years behind bars, but the sentence could be extended to life.

Predatory Criminal Sexual Assault of a Child

Two things make this charge different from other sexual assault charges. The first is the age of both the victim and the perpetrator. The second is that sexual penetration does not necessarily have to occur.

According to Illinois law, predatory criminal sexual assault can occur if there is “contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal.”

If the victim is under the age of 13 and the perpetrator is over the age of 17 and this act occurs, the perpetrator could be charged with predatory criminal sexual assault of a child.

This crime is a Class X felony. Penalties include up to 60 years in prison, but aggravating circumstances could increase the sentence to life.

Regardless of which type of criminal sexual assault charge you may be up against, there are defense strategies that may be able to help you fight charges. Talk to your lawyer about how you can reduce your sentence or get your charges dropped.

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.

Sexual assault penalties often make headlines for not being tough enough. The six-month sentence assigned to Brock Turner, for example, caused rage throughout the country. Compare that to two men from Illinois who were recently sentenced to 18 years behind bars for sexually assaulting a woman who was barely conscious.

A third man was involved the sexual assault case, and has not been sentenced yet. Will he get 18 years behind bars as well? The answer will only come with time.

The difference between six months and 18 years behind bars is huge. If you are facing sexual assault charges, it is important to know how much time you could face behind bars so you can create the most effective defense strategy.

Below are a handful of factors that affect how penalties for sexual assault work in the state of Illinois. Each case is different, so be sure to consult a lawyer with specific questions about your charges.

The Charge

Criminal sexual assault is a class 1 felony in Illinois. A range of penalties is already included in Illinois state law. If convicted, Illinois law dictates that penalties should range from 4-15 years in a state prison and/or fines of up to $25,000.

These penalties are just for a single criminal sexual assault charge, and this crime only applies to the sexual assault of an adult. “Aggravated criminal sexual assault” is a more serious crime than criminal sexual assault, and may result in more penalties. This is a class X felony with increased penalties.

The Age of the Victim

The same applies to sexual assault crimes that involve a child; Illinois calls this act “statutory rape.” Statutory rape is a class 1 felony, but if the alleged victim is under the age of 13, the charge is elevated to a Class X felony.

Prosecutors may ask for penalties on the higher end of the scale based on how young the child was at the time of the alleged sexual assault.

Previous Record

Sexual assault charges are also elevated to a Class X felony if the person has sexual assault convictions on their record already. Penalties for a Class X felony include a minimum of six years in prison, and up to 30 years behind bars. Fines up to $25,000 may also be given to the offender. Any evidence of a criminal record may call the prosecution to ask for a sentence closer to the maximum time behind bars; a record shows a pattern of criminal behavior.

Your Relationship to the Alleged Victim

A crime is considered “domestic violence” if it is committed against a spouse or significant other, housemate, parent, or child. If the alleged sexual assault was an act of domestic violence, you may face increased penalties. Domestic violence offenders often have to abide by restraining orders and may lose the right to own or purchase a firearm.

It is important to remember that while prosecutors may ask for a certain set of penalties, a judge may not agree. In the end, it is up to the judge as to how long your sentence is if you are convicted.

No Conviction? No Penalties

It is possible to walk away from a sexual assault charge without any jail time or heavy fines. Build a strong defense against your charges and you may be able to get them dropped or dismissed. An experienced Illinois defense lawyer can walk you through your case and what you need to do in order to avoid jail time and other penalties.

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.

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.

2. 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. 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.

In our state, there are certain crimes that warrant a life sentence. These crimes are considered Class X felonies. The list of Class X felonies is small, and mainly limited to homicide-related crimes.

However, certain sexual assault charges also make the list, such as aggravated criminal sexual assault. This is the charge that a massage therapist in Evanston is currently facing.

Ken Wang, 31, is employed at the Art of Health Spa. On October 13, he had a 20-year old Evanston woman as a customer. That day, the woman reported to police that during the massage, Wang began to touch her breasts, buttocks, and vagina in an inappropriate manner. The woman alleged that she tried to leave, but Wang grabbed her by the breasts, reached around her, and lifted her off the ground.

Wang was charged on counts of felony aggravated criminal sexual abuse and felony aggravated criminal sexual assault. Sound like serious charges? They are – and could land Wang in prison for a very long time.

Aggravated Criminal Sexual Assault and Abuse Charges

Depending on the circumstances, an individual may be charged with sexual assault/abuse, criminal sexual assault/abuse, or aggravated criminal sexual assault/abuse (among other crimes, if minors are involved).

An individual commits sexual assault when he or she sexually penetrates a victim and:

• Uses force or threat of force
• Knows the victim lacks the ability to give consent
• Is related to the victim (and the victim is a minor)
• Holds authority or trust over the victim (if the victim is between the ages of 13-18 and the individual is over the age of 17)

Without sexual penetration, it’s not sexual assault. Instead, the act is considered “sexual abuse.”

If the following happen during the alleged assault or abuse, the charge could be increased to aggravated criminal sexual assault or aggravated criminal sexual abuse:

• The individual uses, or threatens to use, a deadly weapon, including a firearm
• The individual is armed with, or discharges, a firearm
• The individual causes bodily harm to the victim
• The individual threatens or endangers the life of the victim
• The individual commits sexual assault while attempting to commit a separate felony
• The victim is over the age of 60, or has a physical or intellectual disability
• The individual administers a controlled substance through force or without the victim’s consent

For a first offense, sexual assault is a class 1 felony. However, if the charge is aggravated criminal sexual assault, it is elevated to a class X felony. A second conviction of any type of sexual assault is also charged as a class X felony.

Class X felonies, even at the least severe level, come with a sentence that includes between 6-30 years in jail per act, and up to $25,000 in fines. Depending on the circumstances, especially the criminal history of the defendant, the sentence could be lengthened to 120 years or life in prison.

Aggravated criminal sexual abuse is a class 2 felony. Even though these charges are less severe, multiple counts could severely hamper your chances of securing a shorter sentence.

What it comes down to is the fact that you have to fight hard if you want to protect your rights and your future. It starts with getting in contact with an experienced Chicago sex crimes lawyer as soon as possible so that you can begin crafting your defense.

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.

After multiple court cases involving sexual violence have sparked national outrage, the penalties and treatment of sexual violence victims (as well as offenders) has become a hot-button topic of discussion in recent months.

Many of these discussions focus specifically on sexual assaults on college campuses. Statistics say that 1 in 4 women will experience some form of sexual violence while attending higher education, but typically 90% of these cases are not reported to law enforcement.

A number of states have responded to this discussion by introducing and passing laws that will give more rights to victims of sexual violence, as well as enforcing more harsh sentences on offenders. Illinois has made its own response in the form of the Preventing Sexual Violence in Higher Education Act, which went into effect as law on August 1.

This law gives victims more knowledge and more rights while reporting a sexual assault case. Schools must now allow alleged victims the option to report sexual violence anonymously, electronically, or confidentially, as well as providing them with a written explanation of their rights and options moving forward with pressing charges. Confidential advisors must also be available to help alleged victims through their next steps. Finally, schools will also have more responsibilities in reporting their efforts yearly to the Attorney General’s Office.

How This Law Affects Your Case

This law encourages more alleged victims to step forward in a private manner. But if victims can report sexual violence anonymously, how are alleged offenders supposed to build a defense for their case?

And while it is important step to provide alleged victims with a written statement of their rights and allow them to speak with confidential advisors, what about the rights of the accused? Just like alleged victims, alleged offenders have rights and a need to understand how to protect themselves. One of those rights is the right to legal counsel.

Another thing to consider while looking at the law is the attitude around sexual assault on college campuses. The law understands that changing attitudes around sexual violence and assault on campuses will help victims.

Currently, the national spotlight on light sentences, however, has created an attitude shaming and wanting to get tough on alleged offenders. Judges may feel pressured to issue a harsh sentence simply to avoid becoming the subject of national outrage.

Penalties for Sexual Assault

The sentencing guidelines for sexual assault and other crimes of sexual violence are already very harsh in the state of Illinois. If you are convicted of criminal sexual assault, you face the penalties of a Class 1 felony, including 4-15 years in prison. A second conviction, or a conviction of aggravated criminal sexual assault, is a Class X felony, which threatens 30-60 years in prison.

For many sex crimes, you will also have to register as a sex offender upon leaving jail or leaving the courtroom. This registry is public, and can have a huge negative affect your search for jobs, housing, and higher education.

As we mentioned earlier in this post, you have the right to legal counsel after being accused of sexual violence. In fact, it is highly encouraged to seek the counsel of a Chicago sex crimes lawyer with a track record of success and unparalleled knowledge of Illinois’s sexual violence laws. He or she will provide you with the best chance of staying out of prison and getting a positive outcome.

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.

Fifteen arrest warrants were issued last week for non-compliant sex offenders in Lake County.

The sex offenders, who reside in the suburbs of northern Illinois, have failed to follow the rules for registering with the police. In many cases, the offenders are wanted to failure to appear because they did not physically show up to the Lake County Sheriff’s Office for their required registry date. In other cases, the sex offenders are wanted for escape.

Local news sources have displayed each registrant’s picture, name, age, and the crime they committed to land them on the sex offender registry. In many cases, the offenders committed crimes against victims who were under the age of 18. News sources also display the reason for the offender’s arrest and the amount of bond they will need to get out of jail. Some offenders are wanted on a quarter-million-dollar bond for failure to appear.

Officials says the arrest warrants were issued at this time because school has let out and children will be more active around their neighborhoods and out of adult supervision. Local news has been urging citizens of Lake County to look out for the offenders and alert the police with any information they might have regarding their whereabouts.

More information about sex offenders in the Lake County area can be found on the sheriff’s office’s website. When someone becomes a registered sex offender, their name and conviction history become public knowledge that can be found with a quick internet search.

The Consequences of Failing to Register

The 15 men mentioned above face arrest and a felony conviction.

That’s right. Anyone who fails to register or is not compliant with the Illinois sex offender registry will be convicted of a Class 3 felony. He or she may face 2-5 years in jail, and aggravating factors may increase that sentence to 5-10 years.

If the person continually fails to register, he or she will be convicted of a Class 2 felony. The sentence for a Class 2 felony typically includes 3-7 years in prison, and aggravating factors may increase that sentence to 7-14 years.

This is why it is so important to register if you are required to do so. And if you miss registration, do not compound the problem by continuing to delay. Contact a knowledgeable Illinois sex crimes attorney and start communicating with law enforcement together. This is your best hope at minimizing any penalties that you might face.

When Must a Sex Offender Register with the Police?

The sex offender registry aims to know where sex offenders live at all times. They make this information public knowledge so any citizen will be aware of when they are interacting with a convicted sex offender.

Law enforcement also wants to make sure that the offender is living within 500 feet of a school, playground, or any facility that caters specifically to children. If a sex offender stays at a home, motel, or apartment for more than five days, he or she must register with the police. If the offender plans on moving, he or she must let the police know of their new residence three days before they move.

There are already severe limitations placed on sex offenders, making it close to impossible to obtain a federal loan, find a decent job, or locate an apartment to rent. Registering with the police takes precious time away from offenders who are just trying to piece their life back together – and that’s just the beginning.

Regular Check-Ins Regularly Disrupt Life

Sex offenders must periodically check in with law enforcement by physically appearing at the police or sheriff’s office. This might be required once a week, once a quarter, or once a year – it all depends on the offender’s specific situation.

Continually checking in with the police can be tiresome and stressful. This can take a lot of time out of the offender’s day, especially if he or she does not own a car or lives far from public transportation.

Thankfully, in most cases offenders only have to register once a year. But offenders who violate the rules of registry, like the ones mentioned at the beginning of this post, will have to re-register once every 90 days. Any offender who is considered “Sexually Dangerous” or “Sexually Violent” is also required to re-register once every 90 days. Failing to meet these requirements will end in an arrest warrant like the ones issued to the fifteen Lake County offenders.

Your Best Protection? Avoid Conviction to Begin With

Once you are convicted of a sex crime, you will have to register as a sex offender for the rest of your life. Your job, housing, and financial options will become limited. It is, essentially, a deep pit from which most people can never climb out.

What should you do if you have been charged with a sex crime? Work with an experienced Chicago sex crimes lawyer to create an aggressive defense and fight for your personal freedom.

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.

“In the criminal justice system, sexually based offenses are considered especially heinous.”

Sound familiar?

We’ve all heard the opening line to the hit television show, Law & Order: SVU. Sexually based offenses are considered especially heinous, and in Illinois, along with the rest of the country, those convicted of sex crimes will face severe punishments – along with harsh judgments from the public at large.

When it comes to these types of crimes, most people have preconceived notions and emotions regarding those accused, despite defendants being innocent until proven guilty. For this reason, individuals accused of alleged sex crimes should secure an experienced Illinois criminal defense attorney as soon as possible who can start crafting an aggressive defense to get their charges reduced, dismissed, or dropped altogether. Without the help of a qualified lawyer to be your advocate in and out of the courtroom, you risk both your freedom and your good name.

Let’s take a look at some of the sexual offenses someone can be charged with in our state and then explore some common defenses to these charges.

Criminal sexual assault. This crime includes sexual penetration plus one of the following circumstances:

• Force or threat of force
• The victim is unable to understand the nature of the act or give knowing consent
• The victim is under 18 and the accused is a family member
• The victim is between 13 and 18 and the accused is at least 17 and holds a position of trust, authority, or supervision

The penalty for a first conviction is a Class 1 Felony punishable by a mandatory minimum of 4-15 years in prison. A subsequent conviction is a Class X Felony punishable by a mandatory minimum of 6-30 years in prison.

Aggravated criminal sexual assault. There are two ways to be charged with this crime.

1. Someone commits criminal sexual assault with at least one aggravating factor:

• Dangerous weapon
• Bodily harm
• Threatening the life of the victim or another person
• Commission of another felony
• Victim is over 60 years old
• Victim is physically disabled
• The victim was given a controlled substance
• The accused had a gun
• The accused fired a gun
• The accused fired a gun that caused bodily harm or death

2. Or there is sexual penetration plus one of the following circumstances:

• The victim is 8 or younger and the accused is under 17
• The victim is 9-12, the accused is under 17, and there was force or threat of force
• The victim is severely or profoundly mentally retarded and the accused is any age

A first conviction is a Class X Felony with a mandatory minimum of 6-30 years in prison with a possible extended term of 10, 15, 20, 25 years or natural life.

Predatory criminal sexual assault. There are two ways to be charged with this crime.

1. Someone commits predatory criminal sexual assault if there is sexual penetration, the victim is 12 years or younger, and the accused is 17 years or older.

This is a Class X Felony punishable by 6-30 years in prison.

2. Or there is sexual penetration plus these factors:

• The victim is 12 years or younger
• The accused is 17 years or older
  • Carries a gun
  • Discharges the gun
  • Causes great bodily harm to the victim
  • Gives the victim a controlled substance without their consent

This is a Class X Felony punishable by a mandatory minimum of 6-60 years in prison with a possible extended term of 15, 20, 50, 50-60 years or natural life.

Sexual Assault Defenses

As mentioned above, being accused of any kind of sexual assault offense can be devastating. Along with lengthy prison sentences if convicted, the defendant will also have to register as a sex offender, which can affect all aspects of one’s life.

False allegations. If you have been falsely accused of sexual assault, a skilled lawyer will assess the alleged victim’s motivation for the accusation, which will be a large part of your defense.

• The accuser may lie about consensual sex in order to protect their own reputation and save face to family and friends.
• The accuser may make false allegations against a spouse to gain an advantage in family court with divorce or custody disputes.
• The accuser may also make false accusations for financial gains to extort money from the defendant.

Consent. This is an affirmative defense. The defendant is acknowledging that the behavior in question took place but that the supposed victim’s consent doesn’t make the behavior a crime. If the defendant can prove that the victim consented to the sexual act, it will be a solid defense against the accusations.

Misidentification. Perhaps the crime in question did occur but the victim has falsely identified who committed the crime. There are a number of reasons a victim might do this, but if you have a valid alibi or other evidence like DNA, it could help to prove that you were nowhere near the crime scene.

Regardless of the defense strategy, the prosecution has to prove the case beyond a reasonable doubt and the defendant is innocent unless proven otherwise. This is enough in many circumstances to make a sex offense charge beatable.

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.

In Illinois, criminal sexual abuse and criminal sexual assault are both felonies. There is a lot of discussion on the difference between the two during sentencing, however, because one is a much higher “level” felony, which generally means more time behind bars.

If you or someone you know is being charged with criminal sexual abuse or criminal

sexual assault, it’s imperative that you know the difference between the two, as well as their respective penalties and sentencing standards.

What Is Criminal Sexual Abuse?

Generally, criminal sexual abuse in Illinois means that the sexual activity stopped short of penetration (anal, vaginal, or oral), but did involve threats or forceful touching. It is also considered criminal sexual abuse if the defendant (the person being charged) is a minor who engages in any sort of sexual activity with another minor.

In Illinois, the general age “limits” in this scenario require that the defendant is under the age of 17, and engaging with 9 to 17-year-olds, or the defendant is five years older than the victim(s), who are 13 to 17 years old.

In the case of charged minors, the sex is generally consensual but found to be inappropriate by parents or concerned parties, and tends to result in a Class A misdemeanor. The penalties for this charge include one year in jail and $2,500 in fines. In some cases, however, the minor can be given two years of probation (counseling, community service, and so on) in lieu of jail time. Sadly, the minor must still register as a sex offender for at least 10 years, which shows up in public registries and can affect nearly every aspect of a person’s life.

In the case of adults, Criminal sexual abuse generally indicates forceful touching without penetration. There are two ways a person can be charged with criminal sexual abuse: “regular” criminal sexual abuse, which results in a Class 4 Felony, or aggravated criminal sexual abuse, which results in a Class 2 Felony. In the case of a Class 4 Felony, the defendant will be given one to six years in prison, and possibly a $25,000 fine. If they are a repeat offender, the years and fine increase.

If the defendant used a weapon, caused bodily harm, used drugs to coerce a person into sex, threatened the victim’s life, or acted against a senior or handicapped individual, he or she will be charged with aggravated criminal sexual abuse. A Class 2 Felony, in that case, will result in three to 14 years in prison, and $25,000 in potential fines.

What Is Criminal Sexual Assault?

Criminal sexual assault involves sexual penetration by force, without consent, or with a person in the family or under the defendant’s supervision or guardianship. In Illinois, there are three tiers of sexual assault charges: criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault. Criminal sexual assault will result in a Class 1 Felony, which means at least four to 15 years in jail. If they are a repeat offender, the accused will be charged with a Class X Felony, the worst charge next to first degree murder in the Illinois court system. That will earn the accused 6 to 30 years in prison with no right to probation.

Aggravated Criminal Sexual Assault means that the defendant is accused of using a weapon or assaulting a senior or handicapped individual. In some cases, it can also mean that the victim was under the age of 8 and the accused was under 17 (but both consented), or the victim was 9 to 12 years old but force was used by a person under 17. This is a Class X Felony, and repeat offenders can spend the rest of their lives behind bars.

Predatory criminal sexual assault charges are placed when the defendant is over the age of 17, and the victim is 12 years or younger. This results in a Class X Felony, and 6 to 30 years of incarceration. If the defendant used a weapon, injured the victim or caused life-threatening damage, or gave the victim a controlled substance before the assault, the defendant will get a Class X Felony and up to 60 years in prison. Repeat offenders spend their natural life in prison.

Clearly neither situation is ideal, and the defendant is going to have an uphill battle to fight if accused of either criminal sexual abuse or criminal sexual assault. The two defenses to be used in either case are often “denial of the act,” or “claiming consent.” To learn more about these defenses and whether or not they can be used in your situation, the best thing you can do is to get in touch with a knowledgeable sex crimes lawyer who has helped others just like you.

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.