Sex Crimes

June 8, 2016

New Illinois Law Joins National Effort to End Sexual Violence on College Campuses

by Law Offices of David L. Freidberg, P.C.

One in five women will be sexually assaulted while in college, according to a recent study by the Association of American Universities. Despite the alarming prevalence of rape on campuses, many universities remain complacent or unresponsive in reacting to reports of rape. The aggressive White House initiatives and campaigns, led by a task force formed in 2014, have transformed the way colleges and universities respond to allegations of sexual misconduct, as well as the level of awareness among college students about rape and the culture of rape.

Ending sexual violence on campuses across the nation has been one of the Obama Administration’s most passionate policy initiatives since 2011. The Department of Education and Vice President Biden published a comprehensive guideline for universities to help them understand their legal obligations under federal law. In January 2014, the administration established the White House Task Force to Protect Students from Sexual Assault. In April of that year, the Task Force launched a public awareness and education campaign called “It’s On Us.” to further advance and galvanize efforts across the nation to prevent sexual assault. The campaign has sought “to fundamentally shift the way we think about sexual assault, by inspiring everyone to see it as their responsibility to do something, big or small, to prevent it.” See White House Press Release on “It’s On Us.”

Since the launch of the campaign, more than 344,400 people have taken the White House pledge, and 530 schools in 48 states currently have active It’s On Us chapters. Reports of campus sexual assault have surged in the last few years, which legal experts attributed to increased awareness and knowledge of the issue.

March 26, 2016

The Sex Trade and the Sexual Assault of People in the Industry

by Law Offices of David L. Freidberg, P.C.

Prostitution has been called the “oldest profession in the world,” probably because it has been around since the beginning of time. Since sex is considered a trade by those involved in the industry, can it therefore be surmised that a sexual assault and battery on a person involved in the industry not be considered a true crime?

Some time ago, a Chicago Sun-Times editor by the name of Mary Mitchell ran an article stating that in her opinion, a sexual assault and battery on a prostitute is nothing more than a “theft of services,” and not a rape. It is Mitchell’s belief that in considering the sexual assault of a prostitute working in the “industry” a rape, did nothing more than minimize the act of rape of “real” victims and, therefore, an insult to those whom she labeled as “real” victims. It begs the question whether Mitchell would also not consider a wife who had been raped by her husband, a “real” victim.

Mitchell proceeded to blame the victim for the assault, because, in her opinion, the very nature of the sex industry meant that the victim was agreeing to exchange sex for money, and by doing so, she also accepted any risk involved. Is she right? See HuffPost Chicago for more on this story.

March 23, 2016

The Medical Profession and Accusations of Sexual Assault

by Law Offices of David L. Freidberg, P.C.

When doctor/patient relationships get a little too close, sometimes bizarre things can happen. Take for example, the case of Dr. David Newman, an emergency room physician at the Mount Sinai Hospital in New York City. Dr. Newman is accused of drugging a patient and then ejaculating onto the patient’s face. If that is not bizarre enough, his defense should qualify him for admittance into the Guinness Book of Records under “strange and untenable” defenses used in the commission of a crime. See HuffPost Crime and ABC7 Eyewitness News for the complete story.

After Dr. Newman’s unprofessional emergency room behavior came to light, there have been three other accusations of acts of sexual assault and battery committed by Dr. Newman on his patients after they had been drugged.

Since When Did Sexual Assault Become Part of the Care and Treatment of Patients?

February 24, 2016

Crime and Punishment

by Law Offices of David L. Freidberg, P.C.

The story of the defrocked priest, Daniel McCormack is back in the news. This time, because the prosecution has decided to drop the sexual assault charges against him stemming from a 2005 case involving the abuse of a then 10-year-old boy. In this case, the prosecution was seeking to have McCormack declared a “sexually violent offender.” If successful, the prosecutors would have been able to have McCormack removed indefinitely from society.

The Crime

Since the 1980s there have been a number of accusations involving the Catholic Church and its priests concerning alleged sexual misconduct and cover-ups. These cases started coming to light as now adult victims began to recount incidents of abuse, at the hands of these priests, that happened to them when they were children. The allegations of cover-up by the Catholic hierarchy permitted these priests to continue with this conduct, unabated for many years, by moving the abusive priests from one parish to another, allowing for the continuation of the abusive behavior. See BishopAccountability.org

January 13, 2016

The Culture of Rape: When is it Rape and When is it Something Else?

by Law Offices of David L. Freidberg, P.C.

Rape and sexual assaults are crimes punishable by long prison sentences and with the “Mark of Cain” following the accused for the rest of his or her life. It can be a destroyer of reputations, and sometimes, of life. But what happens to the accused when the accusation proves to be false?

Rape and Rumors of Rape

In 2014, Rolling Stone Magazine published a story about a horrific 2012 gang rape of a University of Virginia freshman. The article was supposed to expose underreported rape and sexual assaults on campuses and what, if anything, college administrators and society as a whole was doing about it. Members of the fraternity where the alleged rape was supposed to have taken place were all painted with a broad brush as “rapists.” Conversations and debates about this problem went viral, but as it did, more and more people began to question certain facts about the case and the real motive behind Rolling Stone Magazine’s reporting of it. Under intense scrutiny, the facts, or lack thereof, that precipitated the writing of the article eventually fell apart, and Rolling Stone Magazine retracted the story. Its editor left the magazine with the dark cloud of journalistic malpractice following him out the door. See NewYork.com for details about this story.

January 1, 2016

Your Right to Counsel is Protected by the Constitution

by Law Offices of David L. Freidberg, P.C.

Pop quiz: If suspected of committing a crime such as sexual assault, when should you talk to an attorney, before or after interrogation? Some people charged with a crime think they know the answer to this question, but sadly, many find out too late that they did not.

Police officers are required to advise you of your Constitutional “right to counsel” (Mirandized) before they start questioning you after an arrest. If you state at any time during the process that you want to exercise your right to counsel, the interrogation must stop and you will be permitted to talk to your attorney. If you do not ask to speak to an attorney, the interrogation will continue and anything you say can be used against you during a trial, if any.

There are some crimes that carry with them such a stigma that once accused, the taint sticks whether the accusation can be proven or not, such is the accusation of “sexual assault.” Notwithstanding the fact that there are many actual, provable cases of criminal sexual assault, for instance, the case where the Rabbi admitted sexually assaulting a young boy who was member of his synagogue (see DNAinfo.com), there are far too many where the accusation, without more, becomes the basis for the conviction.

December 4, 2015

Public Indecency in Illinois

by Law Offices of David L. Freidberg, P.C.

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Public indecency in Chicago is a complicated and serious criminal charge. The penalties and other consequences you face will depend on the circumstances surrounding the incident. In most cases, the crime of public indecency is a Class A misdemeanor in Illinois. The gist of being charged with public indecency is that you exposed yourself in a public place. If you are convicted of public indecency, you face up to a year in jail, and a maximum fine of $2500. The most problematic part of being charged with public indecency is that it is considered a sex crime, and in some situations, those convicted of public indecency will have to register in Illinois as a sex offender, after serving whatever sentence is imposed by the judge. Any person who is under the age of 16 cannot be prosecuted for public indecency, although they can face charges of disorderly conduct for behavior that would be charged as public indecency in an older person.

Elements of a Public Indecency Charge

December 2, 2015

What Makes a Sexual Assault “Aggravated” in Chicago?

by Law Offices of David L. Freidberg, P.C.

Being charged with sexual assault in Illinois is serious, and if you are convicted of sexual assault, you face some of the heaviest penalties levied for any crime in the state. There are several categories of criminal sexual assault in Illinois, and although they all carry the potential for severe penalties, some are worse than others.

What is Criminal Sexual Assault?

Criminal sexual assault in Illinois, or rape, is charged when an individual commits an act of sexual penetration against another person without their consent. Criminal sexual assault is also charged in cases where the victim is not able to give consent, such as when the victim is intoxicated, mentally disabled, underage, or otherwise legally unable to give consent to have sex.

November 4, 2015

What Happens if You Fail to Register as a Sex Offender in Illinois?

by Law Offices of David L. Freidberg, P.C.

Illinois is extremely hard on those convicted of sex crimes. In many cases, the law requires those convicted of sex crimes to register on the Illinois Sex Offender Registry, which is a public database. For any number of reasons, people fail to register or renew their registration, sometimes through no fault of their own. So, what happens if you do not register?

Failure to Register as a Sex Offender in Illinois

Failing to register as a sex offender in Illinois, or failing to renew your registration, means you can be charged with a Class 3 felony. If it is the second or subsequent time that you failed to register as a sex offender, or failed to renew your registration as a sex offender, then you can be charged with a Class 2 felony. This means that you will be required to spend a minimum of seven days in jail and pay a minimum fine of $500, although a Class 2 felony could carry a sentence of three to seven years.

October 2, 2015

2014 Champaign Officer of the Year: A Sexually Dangerous Person?

by Law Offices of David L. Freidberg, P.C.

Jerad Gale, chosen as “Officer of the Year” for the Champaign Police Department, has been arrested for raping and strangling two different women. Since his arrest, another victim and a former girlfriend have come forward alleging similar crimes were committed against them by Gale, and he faces those charges as well. He was also accused of sexual assault in 2007, but was unable to be prosecuted due to a three-year statute of limitations. Somehow, he was awarded the Officer of the Year honor in spite of this. He is not likely to repeat that award, and in fact, prosecutors are trying to have him named a “sexually dangerous person.”

What is a “Sexually Dangerous Person” in Illinois?

The Illinois Sexually Dangerous Persons Act (“The Act”) defines “sexually dangerous persons” as all persons suffering from a mental disorder for longer than a year who have also “criminal propensities” to commit sex offenses and have either committed prior acts of sexual assault or sexual molestation of children. Pursuant to this definition, the prosecutors in this case are seeking a designation of “sexually dangerous person” for Gale, and his motion to dismiss the petition has been denied.