What Defense Strategies Can I Use Against Sex Crime Charges?

 Posted on November 19, 2024 in Sex Crimes

Illinois treats sex crimes harshly, in some ways even more than other offenses. Being convicted of a sex crime can lead not only to heavy fines and lengthy prison sentences but can also land someone on the sex offender registry. This can severely affect the defendant’s efforts to find employment and build a life within a community.

Understanding the different defense strategies against sex crime charges is an important step toward protecting yourself and your future. Keep in mind, however, that the best defense against sex crime allegations is to hire an experienced Illinois criminal defense attorney to represent you.

What Constitutes a Sex Crime Under Illinois Law?

The defense strategies against sex crime charges can vary depending on what the charge is. Some of the sexual offenses recognized by Illinois law include:

• Criminal sexual assault: This means sexually penetrating someone else without them knowingly giving consent, also known as rape.

• Criminal sexual abuse: This means committing a non-penetrating sexual act on someone without their knowing consent, also referred to as molestation.

• Prostitution: This means exchanging sexual acts for something of value — it does not have to involve money.

• Solicitation of prostitution: This means offering to give something of value in exchange for a sexual act.

• Promoting prostitution: Better known as "pimping," this is enabling or making arrangements for others to engage in prostitution.

• Public indecency: This refers to lewd acts or exposure in public.

• Indecent solicitation of a child: This is when a person 17 years old or older asks a child to engage in a sexual act.

• Sexual exploitation of a child: This is when a person 17 years or older exposes himself or herself to a child or convinces the child to remove clothing for sexual gratification.

• Child grooming: This means using any means to try to seduce, lure, or entice a child into committing a sexual act.

• Child pornography: Creating, possessing, or sharing sexual images of someone who is or looks like a child is a sex crime.

What Are Common Defense Strategies I Can Use Against a Sex Crime Charge?

Although not all sex crimes are similar and may vary in penalties, there are certain legal defenses that can be used against many sex crime charges. For example:

• Consent: Lack of consent is an important ingredient in crimes like sexual assault and abuse. If you can prove the other party gave consent, you may be able to get the charges dismissed. Keep in mind that the law does not recognize consent from a child so consent is not a defense for child-related sex crimes.

• Lack of intent: Many crimes require there to be sexual intent for it to be considered a punishable offense. If the prosecution cannot prove beyond a reasonable doubt that you had intent for sexual gratification, you may be able to reduce or dismiss the charges against you.

• Insufficient evidence: The prosecution’s burden of proof is high. If you can sow doubt about the evidence being used against you, it can reduce your chances of receiving a guilty verdict.

• Mistaken identity: In some sex crime cases, the defendant is mistaken for the person who committed the offense. This happens more often in cases involving drugs or alcohol, where memories can be hazy. If you have an alibi or can show you did not commit the crime, you may avoid a conviction.

Contact a Rolling Meadows, IL Sex Crime Defense Attorney

Someone who is convicted of a sex crime can be sentenced to prison time and in some cases life imprisonment. At the very least, most sex crime convictions mean registering as a sex offender, which can destroy the defendant’s reputation.

Make sure you give yourself the best defense by contacting Hartsfield Law. We excel at defending our clients aggressively against criminal charges using personalized and effective legal strategies. Get a free consultation today with a Chicago, IL sex crime defense lawyer by calling 312-345-1700 now.