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sex crimes

Chicago Sexual Assault & Rape Attorney

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.

Pissetzky Law LLC and our Chicago sexual assault defense attorneys can bring over 20 years of total 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. Our law firm has deliberately focused our skills and abilities on felony cases, giving us a higher understanding of these escalated charges and how to overcome them. By fighting for your rights and the best possible outcome, be it a charge reduction, case dismissal, or not guilty verdict, we do our part in keeping the criminal justice system honest.


Facing charges for sexual assault? Call (844) 668-4258 to request an initial case evaluation with our Chicago rape defense lawyers today.


Sexual Assault Definition Illinois

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 regards to sexual assault in Illinois.

What Is Sexual Assault & 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.

Why Choose US?

We are Always In your corner
  • IN THE NATIONAL TRIAL LAWYERS: TOP 100
  • ILLINOIS SUPER LAWYERS®
  • 10.0 OUT OF 10.0 SUPERB AVVO RATING
  • NOT-GUILTY VERDICTS & CASE DISMISSALS
  • OVER 20 YEARS OF TRIAL-TESTED DEFENSE

Build Your Defense & Fight Back

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. Pissetzky Law LLC and our accomplished Chicago sexual assault lawyers cannot start on your case until you let us.


If you've been accused of sexual assault, call (844) 668-4258 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.

Penalties for a sexual assault conviction in Illinois 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

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.

Felony Predatory Sexual Assault Crimes

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.

What is considered 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
Real Results
  • People v. GE

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  • People v. JS

    Charged with attempted murder and aggravated discharge of a firearm. Mr. Pissetzky and another attorney pushed the case ...

  • Motion Granted, Case Dismissed

    People v. RMC – Chicago police officers received information that a 2 kilo cocaine deal was going to happen in a garage. ...

  • Motion to Suppress Heroin Granted

    People v. AP – After Chicago Police officers walked up to AP after he parked his car, they searched him and the car and ...

  • Motion Granted Case Dismissed

    People v. RW – RW was charged with a Class X Felony of Possession with Intent to Deliver Marijuana. Chicago Police ...

  • People v. KS – Not Guilty

    Mr. KS was charged with aggravated battery to 2 Chicago Police officers and with resisting arrest. 3 Chicago Police ...

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