Chicago Sexual Assault And Rape Defense Attorneys

Protect Your Name. Defend Your Future.

Have you been accused of rape or sexual assault in Illinois? The prosecution will be adamant about landing a felony conviction and members of your community may have already cast you into a negative light. In order to defeat what is widely considered the most severe of sexual offenses, you must act quickly and retain a trustworthy legal professional to come to your defense.

At Pissetzky Law LLC, our Chicago sexual assault defense attorneys bring 20+ years of legal experience to your sexual assault or rape case. We know how much is on the line when you have been accused or charged with a felony offense, and we react accordingly by pouring each available resource into your casework.

Challenging the Prosecution’s Narrative

We understand that accusations are not always accurate. Our team investigates the accuser’s motives, scrutinizes witness testimonies for inconsistencies, and challenges the reliability of forensic evidence.

We are well-versed in exposing flawed DNA testing procedures and uncovering any potential biases or agendas that might influence the prosecution’s case.

Facing charges for sexual assault? Call 312-239-8292 to request an initial case evaluation with our Chicago rape defense lawyers today.

Sexual Assault Definition

In the state of Illinois, sexual assault is a criminal offense that is prosecuted under 720 ILCS 5/11-1.5. This definition states that sexual assault occurs when an individual puts another person in fear of being harmed, or causes them bodily harm, through unwanted sexual contact or penetration on any part of their body.

Additionally, sexual assault includes any threatening or offensive behavior that is meant to make someone feel violated, they are carried out with a minor, or any situation of taking advantage of someone who is mentally incapable or unable to understand the act and give consent, including someone heavily intoxicated or impaired by drugs.

It’s important for everyone to be aware of this definition and understand the implications of their own behavior in regard to sexual assault in Illinois.

What Is Sexual Assault And Rape In Illinois?

Illinois considers sexual assault and rape as the same crime, which is committing any sort of penetrative sexual act against someone who has not provided or cannot provide consent.

In most cases, sexual assault in Chicago will be recorded as “rape” if force was used to achieve the unapproved sexual act, but this change of title does not actually alter the legal definition.

Possible Defenses To Sexual Assault Charges

In Illinois, sexual assault charges can be defended on the grounds of innocence, consent, mistaken identity, false accusations, and alibi.

• An alibi is a defense that places the accused in another place at the time the alleged offense took place.
• Consent is a difficult defense to mount in sexual assault cases since it’s necessary to prove that not only did the accused believe that consensual sexual activity was occurring, but also that this belief was based on words or conduct of a victim.
• Similarly, in claiming mistaken identity as a defense to sexual assault allegations in Illinois, it must be proven beyond reasonable doubt to court officials that it would have been impossible for prosecutors to prove without a doubt who actually committed the crime.
• False accusations are easier to disprove in Illinois than other states; however, showing evidence of fabrication on behalf of the accuser may present some challenges.
• Then for individuals who plead innocent to these charges altogether; prosecutors must prove guilt beyond reasonable doubt which again may present difficult challenges depending on the individual case.

Exploring Your Legal Defense Options

When you are accused of criminal sexual assault or rape in Illinois, your future, finances, and freedom could all be taken away from you if you are convicted. Now is the time to start working on your defense strategy with our Chicago sexual assault attorneys.

We consider all angles and pieces of evidence in cases to construct as solid a defense as possible to show that our clients were arrested and accused based on nothing more than misunderstandings, exaggerations, or completely falsified stories.

The prosecution in Class X felony cases, such as predatory sexual assault (especially with a firearm), will not likely offer any negotiation, and your only way out will be to put up a legal fight with defense attorneys prepared for any and everything that can occur in a felony trial.

We are adept at challenging the validity of DNA and forensic evidence, often a cornerstone of the prosecution’s case. By conducting independent testing and scrutinizing laboratory procedures, we aim to uncover any cross-contamination or errors that could compromise the evidence’s integrity.

Furthermore, we explore motivations behind accusations, which may stem from personal vendettas or attempts to gain leverage in unrelated disputes.

If you’ve been accused of sexual assault, call 312-239-8292 to learn more about your defense options and our legal services.

Illinois Sexual Assault Penalties

In Illinois, sexual assault is considered a serious felony violation. The state legislature recognizes the seriousness of sexual assault and prosecutes offenders severely. Depending on the circumstances of each case, such as the ages of the victim and offender, certain aggravating factors such as involving more than one person in a crime, or the use of weapons or drugs, individuals accused of sexual assault could face different penalties which may include:

• Imprisonment, which may range from 4 years to life in prison
• Thousands of dollars in fines, not exceeding $25,000
• Restitution paid to the victim
• All perpetrators must also register as sex offenders
• Removal from public offices and certain occupations

Sexual assault is considered a serious felony violation in Illinois, and individuals accused of these crimes may face imprisonment, fines, and other penalties.

It’s important to recognize that cases vary significantly and to seek legal advice immediately from a Chicago sexual assault defense lawyer if you find yourself facing these charges.

Understanding Felony Predatory Sexual Assault

Illinois considers any sort of criminal sexual assault against a child under the age of 13 and carried out by someone over the age of 17 as predatory sexual assault. Sexual penetration is not a necessary factor for this category of sexual assault, only sexual interaction. The state may consider it predatory sexual assault if the alleged perpetrator is not over the age of 17 but is armed with a firearm, causes significant harm to the alleged victim, or uses drugs or alcohol to impair the alleged victim.

Predatory sexual assault is considered a Class X felony in Illinois. A Class X felony is technically the second-most severe felony offense category in Illinois law, with only first-degree murder surpassing it in legal seriousness.

Upon conviction, the state can use mandatory minimum sentences without parole and tens of thousands of dollars in fines as penalties. If the alleged predatory sexual assault in Chicago involved more than one victim or the defendant has previous child-related sex crime convictions, life imprisonment will be an option during sentencing.

Understanding Statutory Rape In Illinois

In the state of Illinois, if you engage in sexual activity and it is consensual with a child who is under 18 years of age, you can be convicted of statutory rape. Depending on the circumstances surrounding the case such as the age of the victim or the relationship between the defendant and the victim, you can face the following charges and penalties:

• Aggravated criminal sexual abuse: Class 2 felony punishable by a $25 to $25,000 fine and/or three to seven years in prison
• Criminal sexual abuse: Class A misdemeanor punishable by a $25 to $2,500 fine, one year in prison, and up to two years’ probation
• Criminal sexual assault: Class 1 felony punishable by a $25 to $25,000 fine and/or four to 15 years in prison
• Predatory criminal sexual assault: Class X felony punishable by a $25 to $25,000 fine and six to 60 years in prison

Sex Offender Registration

If convicted of a sex crime, individuals will be required to register as a sex offender, which can result in restrictions on where they can live, work, and travel.

Title IX Proceedings

If accused of sexual misconduct on a college or university campus, individuals may face disciplinary proceedings, including Title IX investigations and hearings. Talk to a lawyer who can work to mitigate the potential criminal penalties and educational consequences of a sexual assault conviction.

Your Rights and Defense Options

In Illinois, the presumption of innocence is a fundamental right. Our attorneys are dedicated to upholding this principle, working tirelessly to achieve the best possible outcome for your case—whether that involves a reduction of charges, case dismissal, or a not guilty verdict. We leverage our extensive experience and resources to build a defense tailored to your unique situation.

Take The First Step: Contact Our Experienced Defense Attorneys

Our law firm deliberately focuses our skills and abilities on felony cases, giving us a higher understanding of these escalated charges and how to overcome them.

If you are facing sexual assault or rape charges, time is of the essence. The earlier you engage our legal services, the more effectively we can prepare your defense. Contact us at 312-239-8292 for an initial case evaluation with our seasoned Chicago sexual assault defense lawyers.