I’ve been charged with a sex-related crime, what should I do?
TheIvec Law Firm is your best defense against sexual assault charges. Former Will County State’s Attorney JohnPaul Ivec will stand with you when you stand accused of a sex-related crime. Call the Ivec Law Firm if you have been charged with any of the following offenses:
· Criminal Sexual Abuse
· Aggravated Criminal Sexual Abuse
· Criminal Sexual Assault
· Aggravated Criminal Sexual Assault
· Predatory Criminal Sexual Assault
(720 I.L.C.S. 5/12-13)
Criminal Sexual Assault/ Criminal Sexual Abuse
The crime of criminal sexual assault involves sexual penetration by force or threat of force; sexual penetration of a victim who could not legally consent; sexual penetration of a family member under the age of 18; or sexual penetration of a victim between the ages of 13 and 18 who is under the care, authority, or supervision of the defendant. A criminal sexual assault conviction is highly stigmatizing and can do irreparable damage to your future.
Criminal sexual assault is a Class 1 felony, which carries a sentence of 4-15 years in jail and a $25,000 fine. The offense is non-probationable, which means that a person convicted of this offense is not eligible for probation, but instead must serve a minimum of 4 years in jail. Aggravated criminal sexual assault, which involves one or more aggravating circumstances such as use of a weapon or causing injury, carries an even more severe penalty. This offense is a Class X felony, and carries a prison term of up 30 years, or life for repeat offenders. Predatory sexual assault which involves a special victim, such as a minor, is also a Class X felony carrying the same severe penalties. Criminal Sexual Abuse, can be either a misdemeanor or a felony depending on the circumstances of the offense and can result in a sentence of probation or jail-time.
Regardless of whether the offense is a misdemeanor or a felony, any conviction for criminal sexual assault or criminal sexual abuse will require that the defendant register as a sex offender for a period of time that is determined by statute, ranging from 10 years to life. Registered sex offenders are required by law to provide law enforcement with up to date personal information including your address, employment, and school, and to provide DNA and fingerprint samples. Failure to register upon conviction of a qualifying offense is a felony.
Defenses to Sexual Assault Charges
Fortunately, you do not have to accept these onerous punishments, or the stigma of a sexual assault conviction, without a fight. You have a right to fight the charges against you and to force the government to meet its burden of proof before you can be found guilty. Sexual assault cases are notoriously difficult cases for prosecutors to win and there are many effective defenses that you could raise to combat these charges:
· Fabrication of charges
· Mistaken identity
· Insufficient evidence and no evidence of physical injury
An effective defense to a sexual assault charge requires extremely thorough investigation of the underlying facts. Often, in these types of cases, it is the evidence that the prosecutor does not have that is the most persuasive proof of your innocence. For example, medical experts may be necessary to prove a lack of physical injury to the alleged victim, or to explain a lack of DNA evidence. It is also crucial that you have an able attorney like JohnPaul Ivec, who can get a statement from your accuser early in the process, which can then be compared to police reports and other statements made by your accuser. Any inconsistencies will cast significant doubt on the truth of the accusations against you.
You Are Not Alone
You do not have to face this nightmare alone. You have a right to the assistance of an experienced attorney, like JohnPaul Ivec, to help you defend against charges of sexual assault. JohnPaul Ivec can help you navigate the complex criminal process that you are facing when you are accused of sexual assault. He will bring more than 20 years of experience and the invaluable “inside” perspective of a former prosecutor to work for you in your defense. He will scrupulously examine the facts of your case and will consider every possible defense to the charges against you. Marshaling his experience and expertise, JohnPaul Ivec will zealously present your best possible defense.