You’re supposed to be safe when you visit your doctor. These are professionals dedicated to our good health and taking care of us when at our worst. We trust them because they’ve had to undergo so much training, and we trust them as people because you can’t have a job where you help others for a living and be a bad person – right?

Those are just some of the things that might have been going through your head recently if you heard about the Naperville doctor whose license was suspended after he was charged with three felony counts of sexual assault and five counts of sexual abuse from 2012 to 2014. Going through the horror of a sex crime is bad enough, but when it happens at the hands of someone you know and trust, the violation can seem that much worse.

But what you always have to remember in these kinds of cases is that a charge is not definitive proof that anything actually happened. It’s quite possible that this doctor did something that he believed to be harmless, but it wasn’t interpreted that way by his patients.

In fact, if you look at the language of the accusations, they allege that he “inappropriately touched or fondled” his victims. The job of a doctor is to touch his patients. Until more facts come out, we have very little on which to judge whether or not his actions were, in fact, “inappropriate” and should see this man as innocent until proven guilty.

Unfortunately, that’s not how it works in the real world. When someone accuses you of a crime, you immediately lose trust and credibility, and your reputation – both professionally and personally – can be irrevocably damaged. That’s why it’s so important to protect yourself and fight back as early on as possible.

How Can You Fight Chicago Sex Crime Charges?

The first thing you absolutely have to do is hire a knowledgeable and experienced sex crimes attorney in the area with a track record of success. Prosecutors take these kinds of charges very seriously, so you can be sure they’re going to use every trick up their sleeve to see that you’re convicted – you want someone who understands these tactics and knows how to beat them.

Misconduct from the police. Were you lured into soliciting an illegal sexual activity? There are very strict rules that law enforcement officials are required to follow when attempting to catch supposed sexual predators. Many times these decoys will continue to push their targets to engage in the activity, even after they’ve initially refused, until they simply give in. If they went too far, you may be able to use this to fight the charges.

Get the evidence suppressed. If the case against you is based on evidence obtained by violating the Fourth Amendment’s ban on unreasonable searches and seizures, a good lawyer will know how to argue to ensure it is excluded from the case. In other words, they won’t be able to use it against you.

Process errors. Physical evidence in sex crimes is often based on results that come from testing and labs. As wonderful as this technology can sometimes be though, there are a number of ways the results can be negatively impacted. You need a smart attorney who can bring potential issues to light and cast doubt on the evidence.

Exposing motivations. It’s not nice to say, but the simple truth is there are many people out there who make up sex crime allegations for their own reasons. Sometimes they may feel guilty or embarrassed about engaging in the sexual activity. Or attempt to use the charges as leverage so they gain an advantage in another way. Whatever the situation, you need a lawyer who can dig deep to come up with the truth.

Of course, the best way to fight sex crimes charges is to avoid them altogether. Take care in how you interact with others, don’t do anything that can be misinterpreted as a sexual advance or act, and always conduct yourself professionally. Do that, and even if someone does try to accuse you of a sex crime, a qualified lawyer should be able to help you fight and win.

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.

Unfortunately, online dating sites do more than provide alternative settings in which to seriously seek out and meet new partners. These virtual love services can also be potentially dangerous, sometimes acting as centers for engaging in predatory actions.

For some people, the hardest part about online dating is not the question of whether or not someone will message them back, but determining where the line of acceptable conduct is drawn. That is, what qualifies as acceptable behavior on an online dating site, and what crosses the line into inappropriate or even predatory behavior?

What are Online Dating Predators?

The term “dating site predator” may seem misleading or unfair, because it can be used to refer to a wide range of individuals. It is also important to note that despite the implications that come with the phrase, an “online predator” is not necessarily someone who seeks relationships with minors. On the contrary, a predator could be any individual of any age who makes unwanted sexual advancements toward anyone else to the point where the other individual feels threatened or uncomfortable.

The online dating predators we usually think about are those individuals who act illegally or violently toward men or women that they meet online. Other times, though, the term can refer to otherwise harmless individuals who are too forward, make unwanted advances, or pester others to the point of agitation.

In some cases, people accused of being online predators are simply overeager adults or teenagers who don’t know when they’ve been rejected. Since different people have different lines that cannot be crossed, it can be difficult to know when to back off completely, especially when all communication is happening through computers.

Despite these difficulties, it’s extremely important to stay mindful of other people’s boundaries, since unwanted attention can sometimes go as far as to be considered harassment and stalking, and can even lead to sex crime charges.

Certainly, there is a lot of gray area here. Since the offenses take place online, it’s easy to be confused about which areas of the law are valid and the ways in which certain crimes can be punished.

What You Need to Know

If you’re involved in online dating at all, there are certain things that you should be aware of to avoid potential trouble:

Online predators do not necessarily have to meet people face-to-face. Predators can be accused (and found guilty) of crimes that take place exclusively over the internet, and it’s crucial for all involved parties to understand that this does not make their crimes any less valid.

There is no one forum where these advances can take place. Though dating websites are the most common, predatory behavior can also be present in forums such as chat rooms, social networking websites, and even in online video games.

Local and federal laws are still valid. Certain applicable laws, especially Age of Consent laws, are still applicable online. In Illinois, the age of consent is 17. According to Illinois law, sexual solicitation means “to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.”

Everything you “say” online can be held against you. All messages you send online can be used as evidence. Even if you think something was deleted or has disappeared forever, if it was online at any point, it can probably be found and used against you.

Potential Consequences of Online Predator Accusations

The charges that online dating site predators can be faced with range from misdemeanor harassment to criminal sexual assault. Given the inherent weight of sex crime charges, it’s always best to do everything in your power to avoid them completely.

However, if you find yourself being charged with sexual predator accusations, it is in your best interest to seek legal council immediately since the possible consequences of being found guilty are too high to risk. None of these charges are insignificant and dealing with any of them requires the utmost attention and care.

To learn your rights and to find out what actions can be taken to protect yourself and your reputation, speak to a knowledgeable lawyer immediately. You need to get someone on your side who has the know-how and the skills to speak on your behalf and protect you from any potentially damaging charges as soon as possible.

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.

Illinois law deals with perpetrators of sex crimes very seriously—when they catch them. However, studies show that an alarming number of sexual harassment, abuse, and assault crimes go unreported. Victims often feel ashamed, or unsure of whether or not their experience constitutes a crime. This is particularly true in public places like the CTA, where large crowds make it easy for groping to go unnoticed and sexist comments are all too common. In response to this problem, local public transit officials are making some important changes.

To protect passengers from abuse and sexual assault, the CTA has adopted a “zero-tolerance” policy. Riders are urged to report cases to conductors, drivers, customer assistant specialists, or police offers immediately. The CTA has also launched an education campaign to reduce sex crimes, providing employees with special training and safety brochures to riders. In addition, the transportation authority has upped the number of security cameras on transit vehicles and at stations to catch offenders in the act.

Behavior That May Constitute Sexual Harassment or Assault

CTA and law enforcement officials alike are extremely tough on sex crimes, offering suspects little or no leeway. What may seem like a harmless comment or playful pat can land you in serious trouble. Here’s a list of behaviors that are handled with no tolerance on the CTA—or anywhere else in Illinois for that matter.

Unwanted touching. Deliberately touching, patting, stroking, tickling, squeezing, or brushing up against another passenger can constitute harassment. Even mild sexual contact or groping can be interpreted as low- to mid-level sexual assault crimes.

Indecent exposure. In Illinois, you can face public indecency charges if you expose your body to others in a public space in a manner that appears lewd and intentional. A public place is defined as any place where your behavior is likely to be viewed by others—such as the CTA, a bar, or street corner.

Even if of your intent was not sexual, indecent exposure may be treated as a serious offense. You could face public indecency charges for engaging in sex in public, for “flashing” genitals as a joke or dare, or for streaking. And if unwanted contact is made, a public indecency charge could be elevated to sexual assault.

Sexual comments. If you make inappropriate comments, insults, or innuendos of a sexual nature, or ask intrusive sexual questions, you could be charged with verbal assault. Repeated sexual jokes can also be construed as harassment.

Sexually suggestive gestures. Sexually suggestive motions and noises—such as sucking sounds, pelvic thrusts, or licking lips—could also be interpreted as harassment.

Unwanted sexual advances. This could include requests, bribes, or threats for sexual favors, and verbal or physical conduct of a sexual nature. Even asking for a date could be interpreted as harassment if you do so persistently.

Unwanted exposure to pornographic images. If you pressure or coerce someone into looking at pornographic images—for instance, on your phone or in a magazine—you may be charged with sexual abuse. You could also face charges for distributing sexually explicit materials.

Inappropriate stares. Leering, staring, or ogling breasts or genital areas can constitute harassment.

Stalking. In Illinois, stalking is a felony. Criminal stalking is defined broadly and encompasses a wide variety of subjective behaviors. If you follow or track someone on the CTA on at least two separate occasions, you could be charged with stalking.

Whether you are charged with criminal sexual harassment, abuse, or assault, the penalties can be very severe. You are likely to face prolonged or—in some cases—life imprisonment. In addition, you will be required to register as a sex offender, even if you were charged with something as seemingly minor as streaking. In Illinois, becoming a registered sex offender can make it very difficult to find a job, volunteer position, or housing. You also may be banned from many public places, parks, and educational programs. And you’ll be required to re-register as a sex offender every 10 years or if you move to another state.

In short, there’s a lot at stake if you’ve been charged with a sex crime. Not only is your freedom at risk, your reputation and future are as well. A sex crime conviction will follow you the rest of your life and can negatively impact your career, friendships, and romantic relationships.

Don’t gamble with your life and future happiness by neglecting to choose adequate legal counsel and representation. If you’ve been charged with a sex crime, contact a criminal defense lawyer with experience in sexual abuse and assault cases. An effective and aggressive legal defense can help ensure your rights are protected and obtain the best possible outcome for your case.

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 violent crimes to theft-related crimes and traffic violations.

Because children lack the same life experience as adults and because their brains have not yet fully developed, they are typically treated differently than adults in the criminal justice system. While juveniles can be tried as adults depending on the nature of their criminal charge, courts generally take a defendant’s age into account when determining penalties. However, the state of Illinois takes a hard line when it comes to juveniles who have allegedly committed sex offenses, and any minor charged with a sex crime is forced to register as a sex offender, often for life.

Illinois is in the minority when it comes to this harsh treatment of juvenile offenders. We are one of only 20 states that force any juvenile convicted of a sexual offense, regardless of its nature, to register as a sex offender (19 states require some juvenile offenders to register but give courts more flexibility in determining the sentence, and 11 states plus the District of Columbia do not require juveniles to register as sex offenders unless they have been tried as adults).

Our state is also strict when it comes to determining how long juveniles must remain on the sex offender registry. Illinois divides the vast majority of sexual offenses into four broad categories—criminal sexual abuse, aggravated criminal sexual abuse, criminal sexual assault, and aggravated criminal sexual assault—and of those four categories, three require juveniles to register as a sex offender for life. Criminal sexual abuse, which generally includes touching and fondling, is the only category that does not require life-time registration, but it still requires juveniles to register for 10 years. These penalties seem particularly harsh when you take into account that more than half of juveniles charged with a sexual offense in Illinois are under the age of 14.

This judicial response to juvenile sexual offenses does more harm than good, according to a recent report from the Illinois Juvenile Justice Commission. They found that sex offender registration is unproductive as the majority of juveniles charged with a sexual crime are not repeat offenders, and that forcing youths to register as sex offenders also interferes with other forms of treatment that are likely to be more effective.

The Detrimental Effects of Registering as a Sex Offender

Registering as a sex offender can have a huge impact on anybody’s life, but it is particularly detrimental for juveniles, who may be punished for the rest of their lives for a mistake that they made when they were too young to have developed good decision-making skills. First of all, being forced to register as a juvenile sex offender affects where you can live, go to school, and work as an adult. Those who are on the registry may find that their career options are limited due to the fact that most employers will run a criminal background check. If they later have their own children, they may also be unable to attend those children’s extracurricular events or even pick them up from school.

On top of all that, juveniles on the registry must deal with the lifelong stigma of being branded a sex offender. Research has shown that because a registered sex offender’s personal information is available to view in a public online registry, people on the registry are often targets for harassment and violence.

Alternatives to Sex Offender Registry for Juvenile Offenders

In their report, the Illinois Juvenile Justice Commission concludes that requiring juveniles to register as sex offenders regardless of risk “does not enhance public safety” and that “applying these strategies can actually undermine rehabilitation and the long-term wellbeing of victims, families, youth, and communities.” Providing community-based rehabilitation that is tailored to the individual and the offense is a much more effective form of rehabilitation, and the Commission is pushing for a change in state laws that would promote this type of individualized rehabilitation and allow for more flexibility in the treatment of juvenile offenders.

Unfortunately, our state laws have not changed yet, and minors charged with a sexual offense still risk the life-long punishment of being placed on the sex offender registry. If your child is currently facing a charge for a sex crime, it’s in your best interest to work with a defense attorney who has handled this type of case before. A good defense attorney will work hard to show that your child’s age and the nature of the alleged crime do not warrant a conviction and that counseling or therapy is a better means of addressing the issue.

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 violent crimes to theft-related crimes and domestic violence.

Stalking is a crime that many people think they understand based on TV and movie representations. To many people, a stalker is a mentally unhinged person who obsessively follows another person and causes their victim to fear for their safety. In Illinois, though, the definition of criminal stalking is much broader than that and encompasses a number of subjective behaviors and activities, making the crime much more common than you might think.

In some cases, the people charged with criminal stalking are actually surprised to be facing that charge because they didn’t realize that their behavior could be considered stalking under Illinois law. If you are charged with this crime, it’s important to understand the definition of stalking in order to be able to build a defense.

Understanding Illinois Stalking Laws

The most basic definition of stalking under Illinois law 720 ILCS 5/12-7.3 is when someone “knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of action would cause a reasonable person to:”

• Fear for their own safety or the safety of another person
• Suffer any other emotional distress

Under that law, stalking can include:

• Following another person
• Placing another person under surveillance
• Threatening immediate or future harm to a person or their family on two or more occasions
• Compelling a third party to follow or monitor another person

A person doesn’t even need to come into direct contact with their alleged victim in order to be charged with stalking. Cyberstalking is also considered a crime in the state of Illinois, and may include:

• Communicating threats through email or other electronic forms of communication
• Setting up and maintaining a website or web page that is accessible to one or more third parties for a period of at least 24 hours and that contains harassing statements

Penalties for Criminal Stalking

Stalking and cyberstalking are both Class 4 felonies in Illinois, which can mean a one to three year prison sentence if you’re convicted. If you’ve previously been convicted of stalking, the crime is elevated to a Class 3 felony, which is punishable by a two to five year prison sentence. You may also face fines, probation, difficulty finding a job or getting access to public housing due to your criminal record, and the lifelong stigma of being branded a stalker.

However, it’s important to recognize that a stalking charge does not necessarily mean a stalking conviction. Illinois’ anti-stalking law hinges on the defendant knowingly engaging in behavior that could reasonably be expected to cause another person distress, so you may be able to prove that an action (such as leaving flowers on the alleged victim’s doorstep or emailing someone you went on a date with after finding their email address online) was not intended to be malevolent and that you could not have foreseen that the action would cause distress.

Because the Illinois anti-stalking law is so subjective, it potentially criminalizes a wide range of behaviors. But its subjective nature also means that it’s possible to build a strong defense, as long as you work with an experienced criminal defense attorney. If you’re currently facing a stalking charge, contact a lawyer as soon as possible to learn more about the defenses that may be available to 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 violent crimes to theft-related crimes and domestic violence.

Carrying condoms isn’t illegal anywhere in the country, but if you’re in the wrong neighborhood at the wrong time, having this form of contraception could be used as evidence to make a prostitution arrest.

Condom confiscation has been an issue in many major US cities, and in 2012, the advocacy group Human Rights Watch found that police in San Francisco, Los Angeles, Washington DC, and New York were specifically using condoms as evidence of prostitution. This practice has led to a huge backlash from public health officials, advocacy organizations, and average citizens who view the policy as absurd and violating.

As a result, the New York Police Department recently announced that they would be significantly limiting the confiscation of condoms as evidence in prostitution-related cases. The announcement, which was backed by Mayor Bill de Blasio and New York City’s five district attorneys, will allow police to continue using condoms as evidence in felony sex crime cases, such as sex trafficking, but will ease up when it comes to misdemeanor crimes such as prostitution.

Announcement from New York Police is Long Overdue

The policy change in New York comes as good news, both for sex workers and those who worried that they could be profiled and accused of prostitution just because they were carrying condoms. Human Rights Watch, who interviewed over 200 prostitutes for their 2012 report, learned that police officers were stopping and harassing suspected prostitutes with no probable cause and using the condoms they found in their possession as evidence of guilt.

Because of this, a significant number of interviewees said they started carrying fewer condoms or engaging in unprotected sex due to their fear of getting caught with contraceptives. Unprotected sex obviously carries a greater risk of pregnancy and sexually transmitted infections than sex with protection, and the Presidential Advisory Council on HIV/AIDS has spoken out against condom confiscation as an HIV-specific law that is “fueling the epidemic rather than reducing it.”

With the NYPD’s new policy in place, sex workers will hopefully be able to better protect their health without fear of persecution, while police will be able to focus on capturing the criminals who commit human rights violations such as sex trafficking.

Other Major Cities Need to Follow Suit

While the policy in New York is certainly a good start, other major cities need to adopt similar policies in order to protect the rights of people nationwide. Prostitution convictions can be severe, ranging from a misdemeanor to a Class C felony depending on the state of residence, and the fear of getting caught will likely continue to deter many sex workers from using protection if their local law enforcement is using the possession of condoms as criminal evidence.

In some cities, the possession of condoms is still used as the basis for harassment, as well as arrests. Human Rights Watch interviewed one woman in New Orleans who said that police once came to a bar she was at and asked all transgender women to step outside. When they did, the police checked the women for condoms and arrested them for attempted solicitation, even though there was no evidence that any illegal activity had occurred. Based on 169 interviews with sex workers in New Orleans, Human Rights Watch found that more than a third were carrying fewer condoms and more than a fourth reported having unprotected sex out of fear of police harassment.

As long as there are still jurisdictions that punish people for carrying condoms, our country has both a public health and a human rights problem on its hands. Prostitution is not a practice that’s going to go away anytime soon, and simply targeting those who are carrying condoms is not a step in the right direction. Instead, we should be focusing on catching the real criminals responsible for sex crimes.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.