Understanding Criminal Sexual Assault Charges
The word "rape" is not used in Illinois law to refer to sex crimes. State lawmakers have referred to what some may perceive as rape as criminal sexual assault. By doing so the legislators hoped to reduce the stigma associated with the crime and, as a result, encourage more victims to come forward and take the offender to court. Sexual conduct, which includes touching someone's sex organs without their consent, is a component of sexual abuse.
A person commits criminal sexual assault, as stated in 720 ILCS 5/11-1.20(a), if they commit an act of sexual penetration and: use force or threaten to use force; know that the victim is incapable of understanding the nature of the act or giving knowing consent; are a family member of the victim and the victim is under the age of 18; and hold a position of trust, authority, or supervision in relation to the victim and the victim is at least 13 but under the age of 18.
The charges against you could have been brought about by a variety various factors, including false accusations. But regardless of what caused you to end up where you are, you need to find an experienced sex crime defense lawyer who will defend you without passing judgment.
Aggravated Sexual Assault and Other Charges
Defendants are sentenced to at least 4 years in state prison since judges are never allowed to award probation in Aggravated cases. In Illinois, the defendant must register as a sex offender.
What is Aggravated Sexual Assault?
A person is guilty of aggravated criminal sexual assault if any of the following factors are present at the time of the offense or take place as part of the same set of conditions:
- Using a dangerous weapon
- Causing bodily harm
- The victim was older than 60
- The victim had a physical disability
- Putting the victim's life in danger
- Co-occurring felony commission
- The assault involved drug use
- During the offense, a firearm was discharged, causing serious bodily harm.
A person may also be found guilty under other factual circumstances. The age gap between the victim and the perpetrator makes the defendant guilty of aggravated criminal sexual assault. A person is guilty of this offense if they are under the age of 17 and; (i) engage in sexual penetration with a victim who is younger than 9 years old, or (ii) with a victim who is at least 9 but younger than 13 years old, and they use force or the threat of force to commit the act.
Non-Consensual Sexual Contact and Legal Implications
Sexual assault and abuse statutes are the main criminal charges that apply to non consensual sexual contact in Illinois. In the state, sexual conduct usually refers to the deliberate caressing of another person's breasts, anus, or sex organs, either directly or through clothing. It also covers circumstances in which an individual is coerced into caressing or touching these body parts of another person. A crucial component is the lack of voluntary consent. This indicates that the abuse took place without the subject's consent. Consent is not implied by the existence of previous relationships.
Non consensual sexual contact can result in various criminal charges, varying in severity. The offenses can range from misdemeanors to felonies, which carry fines and jail time. Illinois has laws regarding the non-consensual dissemination of private sexual images, which also carry legal penalties.
Legal Penalties and Consequences
Criminal sanctions vary depending on the offense, the victim's status, if the accused has a criminal record, and other factors. First-time offenders are classified as Class 1 felonies and are not eligible for probation. A convicted person is not eligible for probation and faces a sentence of 4–15 years in prison. A second conviction may occur when the accused's initial conviction was for a crime other than 720 ILCS 5/11-1.20 or Illinois Criminal Sexual Assault. The penalties carry a 30- to 60-year jail sentence and are classified as a Class X felony.
For instance, the accused's initial conviction might have been for child exploitation or for a crime from another state that is substantially the same as either child exploitation or criminal sexual assault. Convicted sex offenders in Illinois must register with the Illinois Sex Offender Registry, which makes their status as convicted sex offenders public, under 730 ILCS 150/2 (B). Being a registered sex offender will prevent you from pursuing various professional goals and job routes. The most significant restriction is that you must obtain special authorization before working near children or even entering any school property.
Registered sex offenders are also subject to heavy travel restrictions both domestically and overseas.
The stigma associated with sexual offenses can cause a convicted person to become isolated from their community, and there are numerous restrictions and prohibitions associated with being a registered sex offender in Illinois.
How a Sex Crime Defense Lawyer Can Help
Facing a criminal sexual assault charge is never pleasant, but it is made easier when you work with a competent defense counsel. To defend the rights of the accused, a sex crime defense lawyer would carefully negotiate the complexities of the judicial system, acting as a valuable advocate.
Examining the accuser's story in detail is an important part of the defense. Unfortunately, false allegations are common and can originate from personal grudges or a desire for vengeance. In such cases, the attorney would thoroughly look for any discrepancies or biases that could undermine their credibility. This approach may include reviewing earlier statements, interviewing witnesses, and obtaining information that shows an alibi or refutes the timeline of events.
The sexual offense attorney will analyze each piece of evidence, pointing out its flaws and questioning its validity, if the prosecution's case is based on scant or insufficient evidence. The intention is to show the jury that the prosecution has not met its burden of proof by creating a reasonable doubt in their minds. The strategy revolves around the protection of the defendant's constitutional rights, ensuring that due process is followed throughout the court proceedings. This includes protecting against illegal searches and seizures, contesting the validity of forced confessions, and guaranteeing a fair trial.
Our lawyer will file motions to suppress evidence by claiming that it should not be used in the trial if it was obtained illegally, such as through an unlawful interrogation or a warrantless search. Quality legal representation can mean the difference between a life-changing conviction and walking free. Sergei Kuchinski is a skilled defense attorney who can be important in such cases.
Why Choose Kuchinski Law Group for Your Defense?
Dealing with charges of sex crimes can be very challenging. However, with Sergei Kuchinski's legal assistance, you can navigate these stormy seas while protecting your rights and future. The Kuchinski Law Group has a strong history of defending clients against every kind of sexual assault claims. From the complexities of forensic evidence to the psychological dynamics at play, this experience translates into a profound awareness of the nuances of these cases.
Sergei Kuchinski has mastered the legal terrain of sexual assault defense, obtaining significant knowledge of prosecution methods, typical evidentiary problems, and viable defense techniques. We strive hard to secure our clients' privacy since we recognize that a person's reputation is at stake.
Contact Us for a Confidential Consultation
We encourage you to contact us for a confidential consultation. Don't hesitate to reach out. We are here to answer your questions, address your concerns, and provide the strong legal representation you deserve. Contact Kuchinski Law Group today to schedule your confidential case review and begin building a strong defense.
