Strategic Defense for Complex Criminal Charges
Statutory rape is a complex legal issue involving young people and criminalizing behaviors common among teenagers. This crime is unique because it deems an act illegal regardless of consent or the mental state of the supposed victim.
Being convicted of statutory rape can lead to severe consequences. These consequences include jail time, being required to register as a sex offender, and having a criminal record. Moreover, these repercussions can have a lasting impact on your life. If you’re accused of statutory rape in Chicago, consulting with an experienced statutory rape defense attorney is crucial.
Statutory Rape Laws in Chicago
In Chicago, having sex with a minor can lead to charges of criminal sexual abuse or assault. The specific charge depends on the ages of the individuals involved and the actions that took place.
Sexual Abuse
According to Illinois law, it is illegal for anyone under 17 to engage in sexual conduct. This term broadly covers touching the sexual organs, anus, or breast of another person for sexual pleasure or arousal. It doesn’t matter whether it’s direct skin contact or through clothing. Sexual conduct encompasses a wide array of sexual actions, including many behaviors that are common in adolescent relationships.
Typically, statutory rape in Chicago is charged as criminal sexual abuse, as defined in 720 ILCS 5/11-1.5. It is a Class A misdemeanor, punishable by up to one year in jail and a $1,000 fine.
You can be charged with criminal sexual abuse if:
- You are below 17 years old and participate in sexual activity with someone aged between 9 and 16; or
- You participate in sexual activity with an individual who is between the ages of 13 and 16, and you are within a 5-year age range of that person.
Aggravated Sexual Abuse
If there is a significant age difference between the parties, the charge may escalate to aggravated criminal sexual abuse. This is a Class 2 felony that could result in 3-7 years of imprisonment and fines up to $25,000.
The charge for aggravated criminal sexual abuse applies if:
- You are above 17 years old and participate in sexual activities with someone aged between 9 and 16, or;
- You engage in sexual conduct with a person between the ages of 13 and 16, and you are not within 5 years of that person’s age.
Sexual Assault
The term for rape under Illinois law is sexual assault, as defined in 720 ILCS 5/11-1.2 as a forcible or non-consensual sexual penetration. Illinois law states that any sexual intercourse with a person under the age of 17 is illegal. This is because individuals below this age cannot legally give consent. Therefore, it’s possible for charges of criminal sexual assault to be filed even if the younger person agreed to the act.
Engaging in sexual assault against an individual below the age of 17 is considered a Class 1 Felony, with potential consequences including a prison term of 4-15 years and a fine amounting to $25,000. However, if the victim is under 13 years of age, the offense is elevated to a Class X Felony, which carries a punishment of 6-60 years of imprisonment.
Defending Against Charges of Statutory Rape
Mounting a defense against statutory rape charges in Chicago can be a difficult task. Undoubtedly, the burden of proof lies with the prosecution, who must establish each element of the charge with a high level of certainty. Nevertheless, the accused needs an experienced defense attorney for statutory rape charges.
The defense tactics may involve challenging the allegations by asserting false claims, mistaken identity, or a misinterpretation of the ages of the individuals involved. However, only a knowledgeable defense lawyer for statutory rape will provide the best strategy for any individual situation.
Consequences of a Statutory Rape Conviction in Chicago
A conviction for statutory rape carries the possibility of imprisonment and large fines; not to mention dealing with the stigma of a criminal record for the rest of your life. However, the repercussions don’t end there. After fulfilling your obligations to society and serving your criminal sentence, you could be required to register with the state as a sex offender.
Once you are classified as a sex offender, it is mandatory for you to provide personal details about yourself. These details include your picture, social media usernames, your place of employment, and identifiable physical traits. Additionally, you must also disclose information about your offense (including the age of the victim and location of the incident).
Lastly, you must update this information in person annually for at least ten years. As a registered sex offender, you are strictly forbidden from:
- Residing or staying within a 500-foot radius of a school, place of worship, or day-care center;
- Going to public parks; and
- Engaging in social media.
A listing on the sex offender registry hinders your ability to find a job, secure housing, or pursue education. Therefore, you will need to hire a skilled Chicago statutory rape lawyer to provide a well-crafted defense. This is the best way to avoid facing the serious consequences of being labeled a sex offender.
Legal Representation for Statutory Rape Charges
For anyone facing statutory rape charges in Chicago, it’s essential to seek legal guidance from our trusted legal team. Our skilled statutory rape defense lawyers can help develop a strong defense strategy. Unquestionably, the goal is to reduce the charges or see them dismissed altogether.
If you’re dealing with these serious allegations, taking prompt, informed legal action is crucial for protecting your rights and future. Consequently, if you are searching for a “statutory rape lawyer near me,” contact our nationally recognized criminal defense lawyers at Cheronis & Parente.
